Ludington's West End Project: Born to be Bad

[XLFD]

The Obstructionism

Three Years ago, I delved into the origins of the west end project through requesting public records not otherwise available publicly.  Like many other things of interest, City Manager John Shay, FOIA Coordinator of the City of Ludington, put up roadblocks and otherwise made finding info on the west end as a dead end.  He did this procedurally.

On March 7, 2013 I made this request for public records after finding little of any use in the minutes of meetings the city had available:

"John,

Under provisions of the Michigan Freedom of Information Act (MCLA 15.231 et seq; MSA 4.1801 (1) et seq) I am requesting to personally inspect the following public records, or receive scanned or electronically transmitted records (whichever is most economical) for :

1) The final design of the West End of Ludington Avenue Project approved by the city council on on the date 2-26-2007, including any descriptive records included at that time of how the project was to be developed, timelines, projected costs.

2) The public notice for the 2-20-2007 public meeting, and any minutes, notes from that meeting."

As an aside, the minutes of the Feb. 12, 2007 LCC meeting had John Shay mentioning in the third paragraph from the end that:  "There is a public meeting on Tuesday, February 20 at the Community Room to discuss the West End of Ludington Avenue."  It also mentioned a link to the plans and drawing on the city website, of which I have never seen since using the city website often since 2008. 

On March 14, 2013, I received the response from Mr. Shay:

"I have attached the City of Ludington’s response to the 185th FOIA request that you have submitted. There are 37 pages of records at $0.25 per page for a total cost of $9.25. Upon receipt of your payment, the City will release the records to you. The City does not have official minutes to the meeting on February 20, 2007."

3-14-2013 FOIA Response was also provided.

This prompted me to respond later that day with the following:

"John,

Do you have the public notice for that February 20, 2007 meeting?

Also, since you have stated that the sole reason to make unasked for copies of records when I ask to inspect records is to protect the records from a variety of abuse at the unwashed public's hands, what is preventing you from scanning the originals and sending it in a .pdf file? Or is this solely at the discretion of the FOIA Coordinator?

I keep reading the State's FOIA policy over and over again, the court precedents, but can't find any kind of discretionary powers conferred to FOIA Coordinators in that law (beyond the ability to forestall fees entirely if they think it is within the public good to disclose)-- they are supposed to abide by the requestor's wishes within reason and act within the FOIA-- but see it in almost every section of the City's FOIA policy since the City has done major overhauls of this policy twice over the last two years. You are practically asking for this unreasonable policy to be challenged for its lawfulness.

Can you begin to actually start providing records in accordance with your duty to the people to do so? I am asking for something in this instance that shouldn't at all be secret, but you charge me, an indigent person with an affidavit on file with your public body, money to inspect what should be broadcast at your open meetings and put on your website. As it is, I am compiling this information, summarizing my concerns, and sending it to the Michigan Department of Natural Resources Trust Fund to supplement your grant application for the West End Project.

Having public hearings in the middle of winter without providing the citizens any sort of context for what this project entails, relying on public disclosure over 6 years ago that was predominantly negative to the concepts, charging over $60 to look at the grant application, is not how these projects should work."

Following that exchange, I received no further responses, so I did move on to notify the MI DNR of the way the city was handling this project later that year, and caught the City Manager in his usual web of lies after receiving the city's application through them, at no cost.

The Implications

The year 2007 would see the City leadership cloaked under the cloud of scandal courtesy of the former Building Inspectors Jack Byers' lawsuit claiming violations of the Whistleblowers' Protection Act and the Open Meetings Act (OMA). It's difficult to go into too much detail of the particulars of this suit, because the City has obstructed any review of their records, including the non-exempt court pleadings, by similar tactics used here. But let's take a look at the OMA and how it would apply here.

Shay said the February 20, 2007 event was a public meeting, which indicates a formal gathering. This was not a workshop or a brainstorming session, this was a meeting to discuss public policy, to be attended and ran by city officials. As such it needed to be properly noticed to the public, which doesn't appear to have been done, and official minutes needed to be kept, which weren't, by the city manager's admission.  Shay has referenced another 'public meeting' having took place also, which also had those two failings of a proper public notice and minutes. 

Thus, either each meeting was in violation of the Open Meetings Act or they were not the 'public meetings' that John Shay, Heather Tykoski and other officials have said on numerous occasions that they were, or were going to be.

Law and/or ethical violations aside, the records show that the West End Project was a conceptual idea even before July 2004, that after an attempt to get a $70,000 grant for engineering what needed to be done, they eventually petitioned for and received a $50,000 grant.

They eventually spent over $51,000 to Progressive AE to design the blueprints for what they wanted to do, and eventually broke it down into phases and values that have became rather fluid through the years, as Deb Del Zoppo found out at the last meeting when trying to get some facts from Shay.  Back at a time when Heather Tykoski was Heather Looney, they gave out a lot more info than they are now:  

Nowadays, they are trying to put up canoe racks and signs, walk back their sand dune walkway and cost projections, and generally change this project designed by a firm with employees that may have never even set foot in the area they wish to change so dramatically. What a colossal waste of cash and time have they wrought.

[XLFD]

Heather Looney-Venzke Tykoski was a late arrival, the concept was made at or before 2004, and she was involved with other things in the middle of the state.  She has took over its stewardship.

If John Henderson had thought of this, he would have made that publicly known, and supported it with more gusto.  It was not specifically among his many goals either.  He may have helped others push it forward.

John Shay is a likely suspect, the origins of the concept come about a year after his hiring, during times where he was dealing with MDOT for the Cartier Park walkway and other projects.  He would not have the natural reluctance that most Mason County natives would have in desecrating the area.  But the MDOT and Planning Commission assists point at Tom Coleman's involvement as well. 

My guess would be that Tom Coleman and John Shay conceived this project;  I am not even going to hazard a guess as to which one was the Mommy and which one was the Daddy.

[shinblind]

Brad

The earliest references for obliterating the West End that I could find were from the "The Greater Ludington Area Waterfront Master Plan". It receives at least 3 mentions.

"Stearns Park has been recommended for a variety of design and development improvements including establishing a festival/arrival plaza at the terminus of Ludington Avenue; improvements to the public beach, parking area and the Loomis Street boat ramp; and a design theme which focuses on the maritime heritage of the community."

"The terminus of Ludington Avenue is Lake Michigan. Currently the road dead ends into the parking lot for the Looms Street boat ramp. This is a focal point in the community which is worthy of more treatment than currently exists. The proposal is to celebrate the site with a commemorative plaza or sculpture and landscape improvements which bring more attention to the area."

"The area at the terminus of Ludington Avenue needs to become a focal point or "postcard" for the city. The design of the plaza could include, but not be limited to, such elements as a playful fountain, whimsical sculpture, colorful banners, decorative seating and attractive plantings. This site could also set a theme for the lakefront that would then be continued throughout the entire greater waterfront region. The design of the area should be festive, yet it should not dominate the view of the lighthouse or the lake scene."

Guess they decided to ignore the last part about not dominating the view.

ww.ludington.mi.us/DocumentCenter/View/187

This goes back to about 1996-1997. The idea for change was conceived almost 20 years ago. Somewhere along the way maybe 10 years ago  actual secret plans for developing the West End  were put on paper. It is the secrecy and the hidden agenda of this Scheme that makes one wonder what else are they might be trying to hide. And who's pockets they are trying to line.

[XLFD]

The germ of the idea was in that Waterfront Master Plan twenty years ago, and as you can see at the link, there were plenty of mothers and fathers of it.  As Planning Commissioners work a lot more with master plans, Tom Coleman, it should be noted, became a PC member at the beginning of 1998, was chairing it by 2002 and chaired it throughout the genesis of the eventual concrete plans.  On this sunset deck, I believe Coleman was King, Heather was/is queen, and Shay is the Jack, of course.  Good research, shinblind, but your link is bad, try this:  http://www.ludington.mi.us/documentcenter/view/187

[Willy]

The new multi governmental agency master plan that was inspired by Agenda 21 is going to be the new Bible for local agencies to follow. I noticed that on the second page LIAA is prominently noted as being the Plan's preparer. I dare say they were more than that. LIAA is the direct descendant of Agenda 21 and plays a key role in spreading that global socialist plan. I haven't heard anything about it lately but I'm sure it will be rearing it's ugly head soon. The fact that this new plan was allowed to spawn in Mason County shows that we have an incredibly ignorant group of planning officials controlling the future of Ludington and Mason County.We could have another go-round about Agenda 21 again and we may soon until then, for those of you who have not heard of it, this link may be useful.

[AQUAMAN]

Tom Coleman, another Lansing man that worked as the main coordinator for the road commission that made his living from harassing and forcing people to sell their homes for nothing, to get roads built thru their private properties. Yes, he's a dandy, and had the full force and law behind him to accomplish these warped goals. Anyone ever talk to this individual? He'll scream and yell at you if you ask him a pointed question he doesn't like. A "big man" too, of stature, and ego! Glad he's resigned now 3 years ago, he's a turd when it comes to being civil, but a big force when it comes to ramming thru the unethical and immoral ideas and projects that no one else wants.

[XLFD]

Tom Coleman has been the only Ludingtonian to come up before the City Council at these hearing (back on 2-18-2013) to argue for the West End Project.  He talked about it with the pride of a father. 

[Jasper]

What was the area like before the boat ramps and parking? Was that a natural space? Why can't this area of cement be turned into the city's dream? Obviously the COL already destroyed that natural area years ago.

[Jasper]

Furthermore this area is used to dump the excessive snow loaded with salt which runs directly into Lake Michigan. Does the COL not have a different area to dump the excessive snow?

[Jasper]

Oh that' right this a money making venture for ticketing boater's for not parking correctly when the parking is not properly set up for boater's with extra long boat trailer's.

[shinblind]

Originally Jasper the Loomis Street Launch site had 120 spaces. The City of Ludington redid this to about 160 spaces by narrowing the lines making it difficult when the lot was busy to find a spot with a wide enough while you prep your boat.

Either they wanted to push boaters with bigger vessels to the Marinas or they needed to show the State Trust Fund that there were unused parking spaces at the launch site. Probably a combination of both.

With their newly planned green bump outs and additional lighting there will be even less spaces for boaters. Add in the lost 60 spaces from the West End Scheme, kayakers and dog parkers and there will be even less room for boaters with trailers who are the only ones paying to park there.