Ludington City Council Meeting Sept. 9, 2013: Issues and the Knysz Crisis

[XLFD]

My daughter and I walked over to Ludington City Hall for the 6:30 City Council meeting at around the same time the senseless killing of MSP Trooper Paul Butterfield was taking place about 16 miles away on North Custer Road.  We were not aware of that fact at that point, nor did any of the officials including Ludington Police Chief Mark Barnett have any knowledge of it as the meeting started slightly after 6:30. 

 

In his invocation (0:30 in), Barnett made note of the death of a young man named Adam (Rader, of Custer, by cancer, who made a moving speech of hope at this year's Relay for Life), and the usual appeal for wisdom for the councilors in rendering their business (which was once again denied by the Almighty). 

 

But during the middle of my public comment (at the 6:00 mark) that lasted five minutes (no more), Barnett rose from his chair and left the room.  At the time, I was critiquing the Beach Patrol, so I thought he was just leaving the room to punch a pillow or something.  But after he left again rather red-faced after other business had started, I knew it was something else. 

 

On the agenda that night was to approve Oktoberfest and make a resolution for a liquor license, to approve a contractor for painting the Brye water tank, to make a more restrictive fireworks ordinance,  to adopt a new policy for firefighter injuries, and to adopt a revised agreement with the DNR to pay for the dredging of the City marina earlier this year.  All things were approved, although due to my caveat in the first of five issues I brought up, they approved the resolution for the liquor license contingent on getting approval of at least one of the pastors of the three churches mentioned. 

 

 

Of course, if this one hadn't brought it up, they would have just sent the incomplete license to the state without approval of any of the three churches, as noted in this thread from last Oktoberfest.

At the end of the meeting, City Attorney Wilson had a reiteration of his prior defense to the unlawful cameras in Ludington's public restrooms, with no specifics other than what a "private place" is, which isn't under dispute.  It is irrelevant to the conversation, "reasonable expectation of privacy" is the definition that applies.  What also applies is that the cameras are pointed in non-common areas as well as common areas, though recent precedent even treat common areas of bathrooms as a place where you expect privacy.  Other issues I brought up weren't touched on, which is always fine with me since I can't refute them there given their rules of conducting their meeting

 

My comments (2:25 in) follow, carried to their conclusion.  I had touched all five issues, but never got to the last one's point, but that's in this recent thread on 808 E Danaher.  Instead of offering my speech unedited, as I usually do, I point out the parallels between the City of Ludington and the suspected cop-shooter, Eric Knysz in their ability to circumvent punishment for their transgressions of law.  Let's hope each of them get the justice they deserve in the future.  The parallels are interesting.

 

 

Since I will have no more than five minutes and more than five issues to comment on, I will be brief on most topics and urge the listeners to consult my website, The Ludington Torch, for a more detailed analysis.  Feel free to join and offer confirmations or rebuttals.  Each of the five issues I will touch on today deal with different current topics but all have one theme in common:  Ludington City Hall officials believe they are above ethical behavior and the law.  It's a theme I have brought out consistently over the last 16 months that I've been allowed to attend these open meetings by the tender mercy of the City Manager's authority.

 

[You will note that I bring up five issues that the City has, which correspond to five issues that Eric Knysz had in his past before this latest incident.  In each case, Eric and the City got off (will get off)with little or no punishment, eve though they break the law clearly.  As I said about the City also applies to Eric in that he believes he is above ethical behavior and the law. ]

 

 

Issue one:  Oktoberfest's liquor license will likely be approved tonight.  It is to be held on Loomis Street between Rath and James this year.  You will note in your packets that the State Liquor License Form does not have all the paperwork including the approval of the heads of the three churches that are in that one block area.  By state law, all churches within 500 feet of such an event must give their approval.  Two of these churches are within 500 feet of the prior Oktoberfests and were never contacted by the City for their approval, and the contacts I have made with them this year seem to indicate they are being left out again.  Approving this liquor license without their written approval beforehand is jumping the gun, and the City may want to get these three clerics okays before they submit a false application to the state. 

 

[An outstanding FOIA request asks for this liquor license when it's complete.  Eric Knysz also has a problem with liquor, being arrested for two DUIs even though he is not old to legally drink.  If the City does not get the three approvals from the parsons, they will also have an event where its not legal to drink.] 

 

Issue two:  The Brye water tank is set to be contracted over to Utility Service Maintenance for painting and routine checks by your vote today.  The City did publicly ask for competitive bids this year in late July.  The council will find one bid in their packets, the losing bid.  In this new bidding process, the City puts in that the Brye Tank must once again be painted at the end of ten years, but this wasn't in the original estimate made last year by Utility Service Maintenance.  The winning bid, which was already sought out last year by USM, the same company who painted the two water towers in town for the 'low' price of over $1.2 million dollars, was for $326,000 for this tank. 

This was the City's budgeted amount, and this 'bid' was done unilaterally last year.  The request for other bids was put out this July using every single item and service that USM offered last year, except it also said they would need to paint the tank in 2022, and even though the City has survived without these 'services' over the last twelve years for this tank, and could survive the next ten.  By the way, when it was painted in 2001, the paint job cost under $50,000.  Now it costs nearly seven times as much?  Where's this extra money going, ladies and gentlemen?

 

[Though Eric has no problems with deal-making with contractors for private benefit at the public's expense, one could surmise that if we consider Judge Mark S. Wickens his contracted judge, we see a connection.] 

 

Issue three:  The beach patrol is through another season of work, and fortunately nobody has drowned this year.  Back in 2010, when Anthony Goldsmith drowned due to the lack of lifeguards out at Stearn's Park beach, the City went with the beach patrol.  Since then, we spend more money on the beach patrol than the lifeguard program, but you can't even find them.  I went down fairly randomly 33 times to the beach this summer between the hours of 11 and 6 for a spot check and only found them down there 14 times.  Four of those times they were in the Loomis Street Parking area, and only three times were they actually on Stearn's beach area rather than the parking lot and street.  Unlike you or I, they can ride their ORV across the beach, creating an annoyance for tourists, and drive them on Ludington Streets, going three miles away to refuel their toy.  This is against State and municipal law. 

The program needs to be replaced by lifeguards who are cheaper, more tourist friendly, and provide actual, accountable rescue services.

 

[Eric Knysz has not only been in trouble for impaired driving, but for other traffic offenses, not unlike the Beach Patrol who violate state laws by driving their ATV on the beach and City streets in non-emergency situations.  But both avoid penalty, due to their relationship with the justice system.]

 

Issue four:  The recording cameras in bathroom issue needs to be affirmatively addressed by the City.  The first city official who spoke up about it last meeting, Wallace Cain, stated there is no expectation of privacy in a public bathroom, and added those who object do not have to use the bathroom.  City Attorney Wilson added that there were three Michigan appeal's court decisions that said there was no expectation of privacy in the common areas of a public bathroom.  I have looked and asked Mr. Wilson for these decisions by the courts, but none is evident, only numerous prosecutions of people who recorded in bathrooms with hidden cameras that were tried and convicted.  Including one right here in Ludington that was in last Wednesday's daily news.  The practice is illegal and immoral, and I don't want my city's name connected with it.

Finally putting up signs is not the solution the City wants, getting the cameras, hidden and obvious ones, out of the bathroom is.  

 

[Not even Eric Knysz is accused of something as amoral as taping areas where people have a reasonable expectation of privacy, though he has had a major altercation with his uncle over ice cream sandwiches, which led to a PPO against Eric.  Unfortunately, those who expect privacy cannot get a PPO from the City.]

 

Issue five:  The City voted to buy 808 East Danaher on July 22 right here.  They stated publicly the only reason they did so was to demolish the property and to sell half of it to the neighbor, who would help in the costs of demolition.  The property was foreclosed, and by law the City had the right to buy it at minimal cost as long as they did so for a public purpose.  Making deals with the neighbors to get rid of half of it at a profit, and making a new vacant lot with no stated public purpose is against the law.  Without any credible public purpose, the City needs to forfeit their deed and allow this property to go to public auction, or face punitive measures for abusing their privilege and power.

 

[Was there any public purpose in the judgments of Judge Wickens in the four crimes Eric committed and served 3% of the lax punishment doled out?  Wickens is a notoriously hard-on-crime judge.  Why did he vary his methods when Eric came before him?]

 

Thank you, and please take these issues to heart.  The citizens are.

 

[Will the City of Ludington, lacking any meaningful penalty for their continued breaking of the law, turn into the next Eric Knysz when the citizens take them to task further?  Indications are they very well might, as I have heard of two accounts from two different credible sources of serious threats made by two different Ludington officials against Ludington's most outspoken citizen.]

[Willy]

Very concise reporting on the issues regarding Ludington's shady dealings. I would be very interested to know what those "serious threats" are and who made them. I hope they are not physical threats but only posturing to bolster their bruised egos. In any case I would definitely advise you to watch your back.

[XLFD]

Both were threats of ultimate physical harm, which I do take seriously, but I don't lose sleep over it.  I am hoping they were said more with bravado than with actual intent, but due to the nature of the threats, I won't comment publicly on them or their articulators, unless something comes of it.

[XLFD]

I share your hopes! 

As one of my idols, eighteenth century rabble-rousing pamphleteer Thomas Paine would say:  "I love the man that can smile in trouble, that can gather strength from distress, and grow brave by reflection. 'Tis the business of little minds to shrink, but he whose heart is firm, and whose conscience approves his conduct, will pursue his principles unto death."

This is perhaps why some of our unprincipled local politicos who need training in ethics and basic civics feel threatened and intimidated by me. 
 

[Johnny]

S Todd, how is it scary now, voicing our opinions?  And why would Tommy come up missing? 

[Willy]

E Murph

I don't know about X but I for one am getting tired of reading your posts where you refer to  X as "Tommy". Unless you want to be mocked then start being respectful of others. Should we call you Morph or some other silly name. I can think of a hundred disrespectful ways to act as childish as you, so stop the sarcastic postings and communicate like and adult.

[XLFD]

I've contacted our County Treasurer Shirley Smith with my concerns over 808 E Danaher on Tuesday, found out my 'improved' yahoo mail system auto-corrects URLs set as links, and so had to resend a link the next day.  So hopefully we can find out how that issue is corrected. 

Talks with the Michigan ACLU (a strange bedfellow for me) is continuing on the bathroom camera issue.  Was just there at the marina park earlier today and the camera is still directly pointed at the urinal; I even used it.  That little butt wiggle at the end was all for you, John Shay.

Will definitely advocate for the elimination of the beach patrol and the reinstatement of the lifeguard program in future meetings before the budget talk is trotted out. 

I will be keeping tabs on the Brye water tank and see whether it actually gets painted this year, which would likely be a mistake, like last year's effort that had painters painting in conditions that were too cold and too wet, and curing in temperatures quite a way below the minimum recommendations. 

I still have an outstanding FOIA for the liquor license application, and will diligently check that all is proper with it.  These people were all set to get the license and have the beer tent set up right in front of the People's Church without any permission!