New Public Marina, Same Old Elitist Mindset

[XLFD]

Back on November 25, 2019, four members of the Ludington City Council voted to approve a lease agreement for Harbor View Marina between the DNR and the City as lessee, shortly before voting to go into a closed session illegally.  The 25 year lease agreement was brought in front of the public for the first time and not voted on as an ordinance, nor even a resolution.  Strictly followed City policy has been to treat any contract the City gets into as requiring an ordinance process if it lasts three years or more.  

I have argued with city and state officials over the City's lack of rigor and the legality of city official signatures on the lease who were never given proper authority all to no avail.  As highlighted by their responses to the virus crisis, State officials do not readily observe following the rules they make the rest of us follow due to their elitist mindset.  Rather than lose a small fortune in taking the City to court again just to have them re-enact their mistake and call it a moot point, I will consider this a public declaration by both of these public bodies that they will not follow the rules, and do so at the expense of the public.

As they consider their lease agreement valid, they should be doing their part to show that Harbor View is no longer a 'private' marina as it once was.  Yet, seven month into their lease and with 17 boats already in boat slips as of May 9th, they continue to broadcast that they are a private facility.  This is reflected on the marina's dedication sign:

the private-public acknowledgment continues on the other side:

And at an entrance, it will greet you with not only a 'private parking' by permit sign, but with a placard that designates the marina as 'private'.  

But the lease agreement (pp.141) properly denotes that as of late November 2019, the marina went fully public when the state leased it to the city.  Back in 2013, I pointed to the founding documents of the City Marina and subsequent records to show that the public could not be denied access to the City Marina or its state-supplied amenities.  This paragraph was from an agreement between the state and city for constructing their restroom and shower facilities:

And yet, as noted in a 2013 article, signs are liberally spread throughout the facility that they are for slip holders and their guests only, and are locked to others.  These signs in clear defiance of their agreement still remain on this facility's doors; as a taxpayer, you are expected to pay for these marinas and for every facility the state places in them, but the elitists from our state and local governments will not allow you to use them in practice.

The notion that the general public can now access Harbor View is even contained in the 2019 agreement, though our former city attorney did his best to hide it (note, 'Lessee' is the City of Ludington, 'Premises' is HV marina):

Now that Harbor View is fully public, the State and City is no longer constrained on putting down a lot of taxpayer cash to maintain what has depreciated over the last twenty plus years as a public-private facility.  They will do so regardless of whether it is a wise investment or not.  Even so, they have frequent reminders to the visitor that they do not consider their facilities accessible to the general public.  These following nine signs are lying to you:

When Harbor View once again opens, feel free to ignore these meaningless signs when you check out their swimming pool and harbormaster facilities.  You paid for them, you will be paying to upkeep them, you need to enjoy the fruits of your labors.

[Du Wright]

It will be a great asset to the public to have access to the outside public swimming pool. Too bad they didnt put the splash pad nearby. And then toddlers could splash while adults swim. And having public showers will be great for the transient campers. Maybe we could even have indoor movies in the newly acquired public building with the waterfront view.

[XLFD]

I enjoy your successful attempt at low-tempo sarcasm, Du. 

Which reminds me, I'll have to send CM Mitch Foster and CA Ross Hammersley the requirements for having a public swimming pool, I don't think they are in compliance-- and that fencing all around it seems very unfriendly for large groups of the public coming in to take a dip when the lake is cool.

[Du Wright]

you got my sarcasm figured out, x, but there's a lot of truth in it!  I feel a lawsuit should be forth coming if the city taxpayer is restricted.  I could see the city renting out the facilities also for profit, and all the city residents are always welcomed, and the city could charge non city tax paying residents to use the facility.  As long as the city taxpayers can go free because it is paid for by our taxes. 

[AQUAMAN]

Anyone trying to use their swimming pool/hot tub will have the LPD called on them, unless you are a guest of one of the customers there. As of 1980, Municipal Marina, and HV 1998, local private marinas have had totally unfair and unlevel playing field to compete with them. Doesn't matter we are $10's Millions in infrastructure debt nowadays, they want it all to continue. Most of those so-called customers are from down or out of state, using boats as a summer cottage, not paying any property tax at all too. Last fall when mtg. with city officials by private marina owners, we told them to sell it or sell off the assets and use the funds elsewhere on repairs long overdue. We were basically told NO, they intend to keep the entire fiasco going forward, competing with more taxpayer monies from local and state, sad, unfortunate, and unfair. Oh, and if you disagreed with Foster and Miller on anything, they told us we had "anger issues". I guess it would make any small business man angry to have to compete with these taxpayer funded giants forever.

[XLFD]

If you want to change your local or state government for the better, arguing for the common good or for common sense solutions isn't likely to have an impact, you have to challenge them.  I plan on using the HVM pool this summer, once things get closer to normal, and have them decide whether they want to abide by the law, or unlawfully throw me out of a public place-- again-- and have them suffer the consequences for their violation of my rights.  Once I get the lawfulness of my public usage established, I will be bringing all my homies over for a pool party to celebrate.  

The meeting you were at, that I attended also, seemed hopeful, but there wasn't any follow-through by the city for any of your concerns that I have seen.  In sneaking the lease through without making an ordinance, they have shown to me that the meeting with marina owners was primarily to dampen your fuses, and allow them to tell the state that the marina owners have been talked with (and likely won't come to Waterway Commission meetings to voice their disapproval).  

It's a shame more marina owners didn't come to meetings in 2019 and express their concerns publicly.  Their quietude during the process helped this sneak through without underlying issues coming to light.  I'm a poor substitute for you guys as I don't have any skin in the game, and most councilors do not seem to comprehend the total unfairness and anti-business attitude they commit to when marina issues come before them.

[Freedom Seeker]

The city state-funded marina  is the worst of public corruption and unfair competition in small-town U.S.A. against the private marinas that built Ludington years before the "city" marina.  They better let us use their facilities. 

[Willy]

Changing all the signs is definitely a top priority. HV is no longer a private marina so the City must inform the public of that change. As far as I'm concerned this situation is no different than Cartier Park campgrounds. Just like Cartier, HV is owned and operated by the City of Ludington, which in fact is, the citizens of Ludington. Like Cartier, HV rents out space for use by anyone who is willing to pay. People who rent spaces at Cartier Park campgrounds are not and should not be considered "members" so renters at HV should not be considered "members". It is reasonable that those renting camping spaces or dock spaces should expect that anyone visiting the Marina or campgrounds should not be allowed to be on the specific spot they are renting which should include parking space for each lot or boat slip.  However the citizens who are not renting spaces should have the right  to use HV just as they are allowed to use Cartier Park.

[AQUAMAN]

Thank you all X, FS, and Willy for the cogent input, it's so important, and useful, but WTF diff is it all going to make in the end? SAD!

[Freedom Seeker]

It's hard to know, Aquaman, what difference could be made after so many years now, the city getting away with breaking their promise, (and or contract), except by taking it to court, and then would there be a fair judge?

[AQUAMAN]

Never in Mason County, just the appeals in GR, thanks FS.