Spotlight on Scottville: July 20, 2012 Commissioner Meeting, Petitions and Projections

Having grew up in Scottville back when it was a commercial center for Mason County, I couldn't help but reflect on how it had changed since that time.  I can remember a time when Scottville had two drug stores, three sport stores, a couple of grocery stores, and one could live there without having to go elsewhere to shop.  It was self-proclaimed as Mason County's shopping center.

But then progress occurred; chain stores offering everything you might want for cheaper prices moved in between Scottville and Ludington, a bypass was put in making travel between Ludington and Manistee and all points beyond not have to go through Scottville.  Several anchor businesses, commercial and manufacturing, took up their stakes.  Scottville became a town in crisis.

That crisis continues to this day, but there may be hope on the horizon.  City leaders are getting the hint that maintaining the status quo of the city's real high taxes and water bills may not be the solution, and that they have to trim some of their excesses.  The last city election seems to have emphasized that fact, as those who won seemed willing to do what leaders from the past were unwilling to do. 

The city withdrew from the State's Main Street Program, unable to afford the $50,000 or so they needed for its manager.  At its previous meeting, some proposed the dismantling of the long-standing Scottville Police Department (SPD) to save up to $160,000 per year.  It failed to pass on a 5-2 vote. 

In the meantime, a committee meeting designed to look into the SPD's viability (composed only of those who wanted to keep the department), was called off by the city manager citing the Open Meetings Act (OMA) would be violated when it was learned that another commissioner was planning on coming to the meeting.  That commissioner, Edward Hahn, related to me what was going on in Scottville after he joined this forum, and after an interesting interview he had with a local TV news reporter.

This is what led me to the meeting outside of my usual bailiwick, and thanks to Commissioner Hahn, we have that meeting on tape for your enjoyment.

Left to right down the commissioner table:  Comm. Connie Dunsil, Comm. Marcie Spencer, Comm./Mayor Pro-tem David Johnson, Mayor Richard Maki, City Attorney Tracy Thompson, Comm. Ed Hahn, Comm. Don Pasco, Comm. Ann Genson

A few things should be noted that took place at this meeting:

1)  Each attendee was given an agenda and a stapled packet prepared by the SPD Chief, Don Riley.  The first page is reproduced below, hand-signed by the chief:

The second and third pages respectively describe the original cost for one dedicated deputy to work for Scottville for forty hours per week and the cost for the sheriff if the current 104 hours of protection per week by the SPD was maintained.  Chief Riley gave this as his lengthy report from the SPD at about (29:15) into the meeting video with a couple of his uniformed officers right behind him as backdrop.  In fairness, Hahn's proposal did note that the Scottville-dedicated coverage would be reduced to forty hours, and cited the proper figures given him by Sheriff Cole.

Riley also confronted Hahn's supposedly attacking the SPD's training in his interview with TV 7&4, but I could not find such an attack in that interview, Hahn mentioned their 'performance' was a cause for concern based on anecdotal reports from Scottville residents.  Riley went over his training and other officer's training, and snappily retorted to an elderly resident who has consistently complained about speeding in his area that the SPD gives out few traffic tickets, and rarely beyond the two main streets of Scottville.  He pointed out they do make plenty of stops without issuing tickets. 

Riley's comments and demeanor undoubtedly shored up his support from those who would never consider disbanding the SPD, but it offered little of substance as to why it was needed, to those who, like me, believe that Scottville has to spend less to keep their community viable.  No person or business would want to move into Scottville when their taxes and fees are kept at such a high level, and only the most loyal Scottville residents will stay when their cost of living there keeps rising. 

2)   Police Department considerations/deliberations were left off the agenda.  Even though Chief Riley handed out his packet, and had many minutes on the floor describing how good the SPD was, nothing about the issue du jour was placed on the agenda by the city manager for commissioners.  Commissioner Ann Genson asked for this to be added to the old business, and it was added at the last minute, along with talk over two blighted houses on West Broadway and North Columbia.

It should be noted that City Manager Amy William's is a full-time member of the SPD, and that Williams had allegedly entered into talks with the sheriff to get effectively the same deal that Hahn introduced, with the stipulation that her hubby would be the dedicated sheriff deputy in Scottville.  Reportedly, Sheriff Cole nixed such a deal.

3)  Transparency issues arose.  In Hahn's interview with the network, he complained about the city manager replying to his information request to see what should have been immediately available to him.  The city website in its current form has very little information available when one considers a usual city website.  The city attorney spoke of a new FOIA ordinance being worked on (likely in order to keep up to date with recent changes in the FOIA). 

Towards the end, City Attorney Thompson and Hahn verbally sparred over whether the Open Meetings Act would have been violated if he had shown up at the meeting with only the intent to record the proceedings.  Thompson said it would have been a violation since a quorum would be present and public policy would be discussed, Hahn said he could if he was there as a citizen just wanting to record the meeting for his own use. 

As it wasn't an open meeting, the commissioners present are under no legal constraint to disallow someone recording it.  Be that as it may, if Hahn went there and remained silent throughout and did not discuss matters with any of the other three commissioners before during or after the formal meeting, he would likely not have violated the Act. 

Case law in Ryant v. Cleveland Twp and Attorney General Opinion 6636 by AG Frank Kelley indicate that Hahn has the stronger case:  "The Open Meetings Act, Sec. 2a, supra, defines a "meeting" as the convening of a public body "for the purpose of deliberating toward or rendering a decision on a public policy." While the commissioners who are members of the committee may discuss public issues, the non-member commissioners may attend such meetings as observers.  The attendance of a quorum on this occasion would constitute a "chance gathering or conference not designed to avoid this act." so long as the commissioners present do not engage in deliberations or render decisions, the meeting need not be posted as a meeting of the board of commissioners."

Knowing Hahn's outspokenness, it may have been a valid concern of whether he could keep out of the discussion, but the person who called off the meeting, City Manager Williams, should have gave proper cautions to all commissioners attending, rather than stretch the limits of her authority and make it look as if she's once again trying to protect her hubby. 

4)  Blighted properties getting under the microscope.  Thompson did go over the legal options and ramifications in dealing with three properties with varying problems that the city may step in to remedy.  The North Columbia house looks as if someone is beginning to work on siding it, so the threat of further city action may be working. 

More interesting was the house at 205 Thomas Street under new business.  Previously owned by the White's, who recently died of old age, the heirs have not yet claimed the property, nor has the bank stepped up to claim it.  Though the house is not in serious decay, the backyard is fenced and a pool is sitting in its back with stagnant water, a place where the local kids would gather in the past during the summer.  If the city steps in to drain the pool or mow the lawn, it would accept a degree of extra liability for doing and continuing that. 

To reduce such problems, the pool will sit with standing water and the lawn will remain untended, attracting mosquitoes and other wildlife in the meantime before it gets claimed by someone.  Nevertheless, the best course is likely to hold off for now.

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Thank-you XLFD for your lengthy synopsis of the recent Scottville City Commissioner's Meeting, and for providing the "You Tube" video that Mr. Hahn so graciously takes his time and effort to provide to on-line viewers the happenings occurring in the City of Scottville.

What is puzzling and was not addressed is Kim Cole's presentation to the Board and the Citizen's of Scottville.  The taxpaying citizen's of Mason County pay huge taxes based on their assessed value of their property.  However, if the City of Scottville has their own police department, why is the MCSO providing services to the City of Scottville?  

Again, why the significant difference in monies for a total of eight(8) officer's in the City of Scottville vs. the (sixteen)16 MCSO and their astronomical budget.  

Something seems amiss!  Are the taxpayer's of Mason County paying for services rendered to the City of Scottville by the MCSO , when Scottville already has their own PD.  Of course, as already stated by Chief Riley his department does not issues traffic violations, but only a warning which is the exact opposite of the MCSO, and the State Police who also patrol the City of Scottville! 

Again, why are the Citizens' of Mason County involved in paying via their taxes for coverage in the City of Scottville?  The City of Scottville resident's pay via taxes for police coverage.  

In essence, with the budget that Cole provided during the Commission Meeting by his own admission of his law enforcement involvement within the city limits of Scottville is perhaps taking away from the County who pay for these services!  

Just my view!

Whether you agree with Commissioner Hahn or not, you have to admire his commitments to transparency, his connections/engagements with the public, his ability to challenge the hired help (the city manager and attorney) and his willingness to bring issues out that would otherwise not be addressed publicly.  Ludington's city council needs someone like him.

I got confused with what Sheriff Cole was trying to transmit and didn't feel there was that much substance in his words that merited extra words in an already lengthy article.  Understand, he was in front of not only the Scottville Commission (including state trooper Johnson), but also a large section of the SPD and a county commissioner, Steve Hull.  I just wished that I would have asked him about the Hansen Road dog shooting incident and why isn't he releasing anything about it. 

Cole's extra budget includes jail and county-wide road patrols.  His predecessor Jeff Fiers saved nearly a half of a million dollars of budgeted county money in his one term, and yet was beat by Cole who effectively campaigned by saying he would find a use for that money in the sheriff's department.  That and more by the looks of it, and with the county commission's obeisant approval. 

If we say the MCSO is bloated, however, then the LPD is really obese.  Last I looked, they spend nearly as much as the county in just patrolling Ludington ($1.4 million see p. 18).  No jail, much smaller area of coverage, a lot fewer people to invoke the law on.  Chief Barnett has already shown that he can run a police force of 14 reserve officers on less than $10,000 a year, just think of all the cost cutting available if Ludington decides to cut back unnecessary spending on what seems to be a redundant agency. 

It would be interesting to view the actual numbers the Scottville PD handle, compared to the numbers the County handles within the City of Scottville.  

It would also be interesting to view the amount of MSP handle throughout Mason County.

In looking at the "police beat" from just within the last couple of days...I read this  http://www.masoncountypress.com/2015/07/23/rollover-crash-results-i...

6:23 p.m., (MCSO), alarm activation, 100 block of Main St., City of Scottville.  So, where was the SPD for this call?

Here is another one...  http://www.masoncountypress.com/2015/07/22/vehicle-break-in-gas-dri...

– 4:29 a.m., (Mason County Sheriff’s Office), noise complaint, services rendered, 100 block of W. State, City of Scottville.

More...this is from the MSP...

http://www.masoncountypress.com/2015/07/20/crashes-domestic-violenc...

Saturday, July 18, 2015:

– 12:08 a.m., a 22-year-old Scottville man was arrested for domestic violence, 100 block of W. Broadway Ave., Scottville.

So, these are just examples....So where is the SPD?  Scottville Citizens have voiced many concerns.  So where is the "SPD Police Beat?"  

Cole during his presentation to the City of Scottville Commissioner's Meeting did not state the budget included the jail, or anything associated with the jail.    Cole simply was speaking about his deputies, and his budget.

Sheriff Cole needs to clarify what exactly he was referencing during this meeting.  He was not exactly clear on many topics, and it appears he flip-flopped during his presentation.  

 

http://www.masoncountypress.com/2015/07/24/disturbance-call-yields-...

The MSP answered these calls within the Mason County Community.  My question remains how much coverage does the MSP provide in Mason County?

 

– 2:03 a.m., (Michigan State Police, Hart post), sex offender registry violation, under investigation, 1000 block of S. Madison, City of Ludington.

– 3:12 a.m., (MSP), suspicious vehicle, 100 block of Monroe St., Custer Twp.

– 3:45 a.m., (MSP), suspicious person, 300 block of W. Ludington Ave., City of Ludington.

– 7:05 a.m., (MSP), car-deer crash, US-10 and Bean Rd., Custer Twp.

– 12:30 p.m., (MSP), family abuse/neglect, 7000 block of S. Navaho Trail, Branch Twp.

– 3:30 p.m., (MSP), suspicious phone call, 100 block of S. Wildwood Trail, Amber Twp.

– 5:36 p.m., (MCSO), two-vehicle crash, minor injury, Custer and Sugar Grove roads, Sherman Twp. See story here.

– 7:40 p.m., (MSP), larceny of a phone, 4000 block of W. US-10-31, Amber Twp.

– 9:05 p.m., (MSP), harassment, 7000 block of N. Quarterline Rd., Grant Twp.

It just appears after all this City of Scottville issues with the SPD, something needs to be done to curb in the expenses for the citizen's of Mason County.  Really, why does Mason County need all this coverage?  It appears it overlaps, and neither department is aware of what the other Agency is doing.  MSP responding to this many calls?  Where was the MCSO?  Where was the SPD when calls were sent to the MCSO???  Wow, if I ran my business like this..holy shit!!  

And, we as taxpayers are paying for all of this, no matter where your residence is!!  

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