Ludington City Council Meeting, October 23, 2017: Frightening Fringes and Creepy Cronyism

[XLFD]

With just a number of days equaling the number of legs of a spider before Halloween, the agenda for the October 23rd, 2017 Ludington City Council meeting was rather horrifying to those who would keep tabs on how this city works.  

But like a good seasonal thriller, let's take a look at the proceedings and follow along with the action.  It started innocently enough with the absence of just one Councilor, Michael "Myers" Krauch, who has scared a lot of townsfolk with his caustic words at the end of these meetings and his trenchant apathy to the sorrowful keening of the citizens of his ward, several who spoke out this night.  Unlike a regular horror flick, the chill-inspiring councilor himself may have been crouching in fear far away, because he would not show up late this evening with a menacing mien while spouting acidulous anecdotes.  At least at this venue.

The invocation, pledge and approval of minutes continued the calm atmosphere, lulling the viewer with a sense of security, but then a group of citizens with torches and pitchforks entered the town square, most intent on reigning in the monster devouring Ludington from within, their city officials.  The scary pumpkin guy (me) went just after 'Costume Patty' Klevorn announced that the council and public was invited to the COLDNews open house patty party on Friday between 11 and 2 PM:

October 23, 2017 Ludington City Council from Mason County District Library on Vimeo.

X "Axe" LFD:  (4:00 minutes into the meeting) "The minutes of the last meeting should reflect that Councilor Krauch stated that only diseased trees were taken down at Copeyon Park.  What should be stated for the record is that both healthy and diseased trees were taken down at Copeyon Park in a certain area that the proposed splash pad has been staked out, and that no replacement trees have been planted in the area where that despoliation occurred.  The shady park that Copeyon once was would not work for a splash pad as kids would get too cold too soon after getting wet without sunlight.  The facts speak louder than your denials.

Since 2012, our city council has decided to opt out of state reforms meant to get the cost of public employee benefits under control.  This leads to happy city officials and employees who will see the amount of their fringe benefits crest the level of 75% of their salary and more as health insurance rates for everyone in Michigan is projected to go up 28% in 2018.  These benefits are being paid on the backs of the Ludington taxpayer employee who can't find many private sector jobs that pay half the percentages of what the City offers in fringes and Ludington taxpayer employers that cannot afford to offer benefits much more than the 30% level and somehow break even.  Most of our council has been or still is one of those groups, can you please justify for once why we need astronomical levels of benefits for city employees and officials when there is a mechanism for keeping them under control?

Lastly, you are set to approve the engineering costs for the plumbing work needed to be done at the Maritime Museum.  Rather than competitively bid out this contract, you are here only to consider the extremely high cost of $36,700 proffered by Fishbeck, an engineering company whose closest office is nearly 100 miles away.  Our charter and code delineate that competitive bids for all purchases and public improvements above $10,000 shall be obtained where practicable and contracts awarded to the lowest responsible bidders.

Your city manager has decided to forego the competitive bidding process and forego checking with our local engineering firm, Nordlund & Associates, who include engineering sanitary and storm sewer systems as part of their area of expertise.  Recall, when bids were requested for the engineering work on the Washington Bridge, Nordlund asked for $67,000 to do the same work Fishbeck would do for $240,000, and for some still unexplained reason, $173,000 of Ludington taxpayer money was wasted-- even worse, it was all sent to Grand Rapids.

It isn't competent of any official involved to continue such reckless and wasteful acts with our money."

'Tombstone' Tom Tyron asked a bunch of other necessary questions about the museum's sewer repairs concerning costs, when and why this sewer wasn't noted to have this problem before this year.  He then knowingly treaded on dangerous grounds when he expounded that the $2 million price for the new fire barn construction cost was awfully high.  Exceptionally brave when the fire chief, 'Scary' Jerry Funk was at his back. 

Back in 2008, the council was looking at $1.1 million  total for a new station to be built on North Washington.  This included demolition of the Varsity Cleaners building and did not include the architect costs which were already mostly completed.  The running bill now is at least twice that which is odd since the inflation rate since September 2008 has been less than 13%.

Dianne "Dyin'" Seelhoff then took the podium and spoke about the sewer engineering contract, analyzing the various figures the city used to come to their $36,700 figure, noticed that the engineers were getting paid big bucks for travel expenses and big bucks for wages, shockingly about 250% of what engineers normally get; she suggested competitive bids.  The two eerily similar observations of ours provoked a rather lame defense of cronyism later on by John 'Slay' Shay.  

At that the townsfolk went back to their places, as the council approved their minutes and went to committee reports.  The council went on to the second point I brought up, about opting out of state benefit-reform law (see Lunatic Fringe to see what the city has done over the previous years).  Zero comments, unanimous approval.  Our city official and employees will have benefit rates up to and above 80% of their salary, great for them, terrifying for those who ultimately pay for them (you know who that is).

Then the amendment to the architect's contract took place.  The Christman Company was originally considered the only firm to construct this $2 million fire station (with the same hair-raising no-bid contract most take for granted from John Shay), but for some unknown reason (maybe they wouldn't kick back enough to Shay), they were dropped in the trash like yesterday's COLDNews.  Our Manistee architect will now take over any sort of competitive bid process, if any, in choosing a successor.  

Councilor Kathy "Katie Moonbeam" Winczewski made the observation at 18:50 that was ludicrous:  "we are not spending any more money than we would have in the first agreement we set out."  After hiring the architect and having the blueprints, Shay said the project was going to cost about $1.7 million, up from earlier estimates of $1.5 million.  Christman wanted $2.2 million.

As noted here:  " Ash Flat Fire Department is a combination volunteer and full-time department and recently investigated getting a new pole barn type structure for their fire station and balked at the $720,000 price tag.  Wakarusa FD, nearly twice the size of the LFD and also featuring full-timers just had a regular building costing $1 million.  The Lindsey FD moved into a $1 million new station less than a year ago and they have 34 volunteer firefighters; Ludington has 20 if they are fully-staffed."

The council passed the amendments, so now any sort of competitive bidding, if used, would be done by a private Manistee architect who doesn't need to share their information with the purchasing Ludington public.  I see some out-of-county construction company getting the maximum amount the City wants to use in purchasing this station, and other people likely benefitting when they shouldn't.

Next, the museum sewer issue came up, Shay saying that there were no issues before this year, apparently not even during the 2008 flood.  I don't buy it, unless the contractors in the effort of making the museum screwed up somehow.  At 23 minutes in, watch Shay dissemble about how Fishbeck (aka FTCH) was deemed worthy to work on this wastewater project since they are already working on the water treatment plant, where he says:

"Some cities, the city has done this in terms of selecting engineers, has done this in a variety of different ways.  Sometimes the city has had a long term relationship with an engineering firm that has done work almost exclusively with one firm, and in other areas, they bid it out, and contacting with other cities in Michigan, some use an engineering firm for all of their work, regardless of the type of project, some bid everything out, some do a mixture of the two."

In Ludington, we legally must use competitive bidding in such instances with the only exception being true emergency purchases due to our laws (see the city code Section 2.4).  When we don't the city official's involved are breaking the law, and making the cronyism charge against them stick.  

Councilor Brandy "Handy" Henderson objected somewhat to the funds being 'borrowed' from the local streets fund, and wound up being the sole dissenter in the votes.  It seemed rather strange for multiple councilors to admit this sewer problem was the city's responsibility when they were the same people who never batted a jaundiced eye when Shay and Utility Maintenance Supervisor Daryl "Plasmodeus" Plamondon said that lead goosenecks originally installed by the city and attached to the city's water mains were homeowners' responsibility.  The LT will be investigating the specifics of this operation closely.

After approving the 2018 Ludrock event at the Waterfront Park on July 7-8, the clerk had the city council change the city charter.  What actually generated this change was that state law changed, and made the old charter provision obsolete, since state law supersedes local law.  This would otherwise require a vote of the people.

A Thursday, November 9th meeting at 5:30 PM was set to have a follow-up meeting to the community listening session.  This was followed by a proclamation to celebrate the 150th anniversary of the City of Ludington Daily News (COLDNews).  Mayor Kaye "is for Killer" Holman loves these events, as she always says, when she gives the latest award, probably because the folks being honored have generally nice things to say about the City-- which the COLDNews definitely does on a regular basis.

But then it was back to the grind.  C. Dale "Banshee" Bannon talked of the fire department, and asked whether the old fire barn was able to be used during the construction of the new one, a good question.  Chuck "Chucky" Sobanski followed with a question over the city calendars costing $17,000 to make and distribute, which seems high, but within the realm of possibilities.  He then graciously thanked the DPW for clearing the roads of Fourth Ward last week.  This seems to be a common theme of Fourth Warders that I've noticed:  they can criticize with the best, but they also must balance their statement with a compliment.

I then went and introduced my latest lawsuit (42:15) to the council, while after I was cut short in my delivery, my process server gave them the latest FOIA lawsuit which seeks redress from the city's handling of FOIA responses.  Dianne "Chipper/shredder" Chippi asked the city to consider using the local street fund in improving the failing surface of Water Street (just south of the PM Bayou).  

The other Dianne, Seelhoff, expressed disappointment that Krauch couldn't personally hear her refutation, before explaining what she thought was vitriolic on his part for bringing up a calculation error she publicly admitted herself after detecting it herself.  She wanted the vitriol coming from either parties to stop.  Unfortunately, the only side that has been regularly using the vial of vitriolic personal attacks has been city officials.  

At the end where the council consumes the last words, they horrifyingly could not figure out between them all how much the calendars actually cost the taxpayer, stated that they would be using the old fire station until the new one is constructed (which has never been clarified before, it has been widely thought that they would be using other facilities like they proposed during the 2008 deal that fell through the Western Land Services), and hypothesized for the COLDNews what the lawsuit they were just handled would say, misrepresented the previous lawsuit, while lamenting over the legal costs they brought upon themselves.

Chief Mark "of the Beast" Barnett talked of downtown parking and how his officers had been enforcing one-hour parking in a parking lot which had no signs posted saying that it was for only one hour.  He didn't elaborate whether the people that were written up parking tickets when there wasn't any signs present for awhile were given clemency as they should have been.  Local parking laws are typically only enforceable if traffic control devices are present, which the chief admits wasn't the case here (see MCL 257.606 sections 1a and 3).  The LT will also be forced to review what happened here to see whether justice was served.  

The meeting was adjourned, the regular townsfolk talked about all of what just happened with incredulous horror, then went back to the safety of their homes.  Or is it really safe with these city hall monsters ready to bend the law and everything ethical to accomplish their goals of enriching their coffers and add to their immensely horrific power they have mostly usurped from the people.  

It's enough to make you welcome the traditional terrors of the holiday.  

[Willy]

[AQUAMAN]

Krauch out of town on a "business trip"? What business? He's supposed to be a failed retired Illinois attorney now I thought. And why does that small 6" sewer line for the Maritime Museum, S. Lakeshore residents, and USCG all drain into the same pipeline, and then dump into the PM Lake channel? Without a WS4 Permit? Never treated by Water Dept.? That sure sounds like intentional polluting. Now they say put it in the sludge ponds nearby? I thought that was where half the West End project expansion of the launch ramp parking was being expanded. If there is $379K in our "local road fund", where's the local maintenance proofs for that? Some being done now of recent, but nothing major since 1983 repaving of the entire downtown. And why isn't that also the responsibility of the MM/Historical Society? The USCG isn't local, it's a Federal Agency/Service, and has it's own funding for these type situations. And still no competitive bids on the new Fire House, but, ignore that, it's only $2Million, right? How many calendars is the city buying for $8-17K? Who will be printing them? A local printer? Or another no-bid outsider? And whom gets them? I see a lot of questions from me and others here, but, the city councilors have no answers? Just keep voting in the dark, and refuse to analyze or question Shyster Shay's operations and decisions, sad, and ridiculous in integrity or any common sense imho.

[Willy]

dyin: This is a political discussion. The picture is a "political cartoon" which depicts local politicians dressed for Halloween. It is humorous not vitriolic. When politicians act in direct opposition to the wishes of the citizens in a manner that could be classified as illegal and corrupt then they are open to legitimate criticism even character representations of what people think of them. Some of the current members of the City Council think nothing of spewing their "vitriolic" poison all over good, decent, concerned and honest citizens who have legitimate and real concerns regarding the deceit and deception that is taking place in Ludington. Not only are the citizens berated, they are chastised all in public view, with no means of rebuttal. This to me is evil, so if people think that this silly picture rises to the level of venom spitting politicians I'm afraid their is no convincing them that it is meant to draw attention to a situation that is extremely volatile and that has been created by the Council themselves.

A kinder and gentler cartoon.

[AQUAMAN]

Plus, a severe diabetic, taking 4 shots a day, doesn't remember to eat, and still weighs in at about 200 lbs. when she's only 5' tall? And almost 80 years old? Wth kinda Mayor is that?????? And thinks nothing either of trying to obey at least some of the city charter rules, totally agreeing with the Shyster to just throw the city charter and constitution away and do whatever they want. Now getting closer to 400 views, and most are simply wimps spying here for some warped agenda.

[Willy]

I do feel sorry for her diabetic condition. I had a relative who recently died from diabetes complications. Not a nice way to go. Maybe that's why she acts the way she does. At least it would be a valid excuse.

[AQUAMAN]

I'm not making fun of or knocking diabetics, all I am saying is, Hell, she's knows better, and there's NO excuse for conducting your life like that, if in fact, that's her condition, and she's the Mayor! She has a serious Responsibility to the Taxpayers and Electorate that voted her in, and it's her DUTY to be an Adult, not act like a child, it's also not Rocket Science, eat something, even crackers or peanuts, if you can't cook for yourself or eat out.

[Willy]

I wasn't criticizing you Aquaman only commenting on how certain conditions can make people act out of the norm. Your right it's not an excuse for treating the public poorly. Also just because she's on shots doesn't mean she is all that seriously ill. Diet is important and if she is not following proper nutrition she has only herself to blame if her condition becomes worse.