Ludington City Council Meeting July 14, 2014: Torches and Fireworks

A too-quick reading of the City Council's agenda for the evening might have you thinking that local police were going to be celebrating this website.  A Law Enforcement Torch Run was scheduled to be held on September 8 in Ludington.  But these Torch runs benefit special Olympics, with police as the torchbearers.  The Ludington Torch celebrates the disadvantaged and all cops who wish to do good for the community, so we were pleased the council did not stand in their way when this topic came up.   

 

 

 

Otherwise, it looked as if the council was not doing anything other than paying the bills, and wrapping things up, but the public was speaking in full force this evening, and effectively controlled the agenda of the meeting. 

 

Susan Sniegowski led off the evening (2:15 in) by announcing her circuit court judge candidacy to the assemblage, like David Glancy did two meetings ago. 

 

Then the fireworks began at 3:05 into the meeting.  A firecracker named Karen Nielsen told a nightmarish tale about fireworks going off at all times in her neighborhood.  At the end she asks the council to consider banning fireworks except for the three days right around the holiday (which would be immune by state law). 

After nearly three minutes, another bottle rocket named Kathy McCumber gets to the podium and bursts into a similar desire for more controls over firework use.  She brings a couple bags of exploded ordinance in with her to show what has wound up on her mother's lawn. 

One would think for sure that the council, Police Chief Barnett or Fire Chief Funk might have addressed their concerns at the meeting, but the only thing Chief Barnett talked of at the end of the meeting was to answer one of my questions about his beach patrol, while Councilor Winczewski and City Manager John Shay addressed my assertions about the recent property transfer on South James Street.  Nobody commented at all about the firework issue.

 

 

 

Ray Hasil, representing 9-1-1 Dispatch of Mason-Oceana County went next to make the case for a new millage request to raise funds for the service, explaining that funds have been limited by the low house-occupancy of both counties and the use of out-of-county based cell phones (which pay other county's 9-1-1 fees).  As the millage will affect real property owners, a significant proportion in both counties that are absent most or all of the year, there is an element of unfairness to this new tax. 

But you will notice he starts at 9:53 into the meeting an finishes at 15:05, a full twelve seconds past his allotted five minutes, without comment by Mayor/Police Sergeant Cox.

I don't show up for my time at the podium until 15:15 into the video, having an overdue observation, then broadcast that I have four questions.  My five minutes runs out right in the middle of my fourth question, and Mayor Cox (who also serves as a Ludington reserve police officer sergeant) interrupts me mid-sentence (for not the first time) which I felt was rather rude. 

Fortunately, he kept his service Glock holstered, and I finished the sentence without incarceration.  For the record, I started talking at 15:19, and was told to stop at 20:23, eight seconds before Ray Hasil finished his statement.  My speech is included below, uninterrupted, uncensored, and mostly unanswered.

 

July 14, 2014 Ludington City Council from Mason County District Library on Vimeo.

"Due to an illness, I missed commenting at the last meeting about the transfer the City did of public property at 420 South James, but I did want to make my dissent part of the public record after this city council has unanimously assented to this bizarre property sale.

The City acquired this property from the estate of Lee Peters, and tore the disintegrating building down at a price to the taxpayers of nearly $50,000.  After this the lot was appraised at $50,000 in 2003.  In 2006, Bob Gibson, who owned a neighboring parcel made an offer on the property and was shot down by the Building & Licensing Committee chaired by Councilor Castonia, with Councilor Holman also on board.  The reasons they stated were that it would limit the possibilities of future development and wondered if parking was the best use of the land.  A request from Kirby in 2007 to purchase and use the space for tenant and business parking was also turned down flatly by John Shay, stating that the city felt "their would be better uses for the property" as found by that previous meeting.

Six years later, John Shay bypasses the committee and brings an outrageous offer from his daughter's soccer coach in front of this full council.  The City will sell the lot for only $5000, fully one-tenth of the lot's assessed value in 2003, and one-tenth of the amount the taxpayers spent to demolish the Peter's Building.  The property would be used for the private parking of his trailer, only, and the rest will be a private lawn. 

So now, we sell this lot nestled in the midst of the business district not for public parking, which would be a conforming and a desirable use, but as a side yard with restrictions against development into anything but a 'green space'.  We sell it not for fair market value, as proposed by the previous interested buyers, but for a meager fraction of its worth to be used for private, non-business use by close associates to the City Manager.   What is perhaps the most disgraceful thing is that  you all voted for this without discussion of how it was unfair to the public to sell it for less than a tenth of its worth without putting it on the open market and selling it for a use that was not desirable in a business district.

 

I now wish to pose four questions to the City Council dealing with recent incidents occurring in Ludington, and would appreciate answers publicly expressed near the end of the meeting.  

Section 38-72 of the City Code says explicitly: "No person shall kindle or build fires in any park or beach, except in fireplaces or grills provided for that purpose."  A well-announced bonfire was made on July 2 at Stearn's Park in violation of this ordinance, and there was no special resolution passed by this council for having it, as it has done repeatedly for past legally-endorsed bonfires in the city limits.

Question one:  Is it now permissible to build fires on Stearn's beach for anyone?

 

A car traveling along Court Street went west through the intersection with Park Street and was struck by a Ludington Police Department vehicle coming South.  The driver did not see the stop sign she allegedly ignored, and was ticketed for failure to yield, and nothing was mentioned in the sheriff's incident report about the obscured stop sign.  However, the tree in front of the stop sign was trimmed the very next morning, I have before and after pictures [show] which show that the visibility of the sign was greatly increased.  I have recorded over the years, dozens of stop and yield signs each year that are greatly obscured by foliage, this was recorded for this very corner a couple of times in the past. 

Question two:  Will the City of Ludington freely admit that this accident was due to their gross negligence of maintaining sight lines to their regulatory signs, which still exists across many intersections throughout Ludington? 

 

After cruising the beach just yesterday shortly after two in the afternoon, I could not see any beach patrol members anywhere around with a beach full of people.  I eventually found their vehicle parked in front of the fire station.  It left the station just before three, and the patroller first went to the boat launch area and spent about fifteen minutes checking parking permits and chatting, until finally getting back to the beach. 

 

Question three:  If the Beach Patrol is for beach safety as advertised, why are all the patrollers AWOL for over an hour when the beach is full in the middle of a sunny Sunday afternoon 

 

Question four:  How is this better for safety than the cheaper lifeguard program that had three certified lifeguards remaining on the beach during these times? 

Thank you."

                                    City Manager John Shay shows that he is pro-growth-- of facial hair-- as he sports a new beard.

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X, I want to commend you for an excellent presentation, you really pulled down their pants this time. Questions asked, and answered again from on high with the most flimsy excuses I have witnessed from this council since I don't know when. I guess if you live long enough, knowing full well that one negligent act after the other, will be defended with vigor and arrogance unsurpassed in recent history, you will get to see it all! Starts with Chief Barnett: why are the beach patrol all taking a lunch break at the same time, way off-site, at peak time 3pm for most sunbathers, on a weekend? I guess the fact that they can't be scheduled to eat at the beach anytime they want is the excuse? Or that at least one patroller should stay and take a later lunch after the first team member? Then Kathy W. conveniently tells us that the Red Door Gallery's couple is "worth investing in"? That's the best excuse for selling them the property for pennies on the dollar? Of course Shyster Shay chimed in with the "fixed assessors valuations". If the values of property have declined so badly because of this and that, how come anyone you ask says their valuations have increased every year along with tax liability? Not to be outdone, CA Wilson has to also chime in to support the Shyster with "taking the responsibility and blame", and also mentioning that green space is hard to find and get? Wth do they call the Waterfront Park, Stearns Park, Ludington City Park, Oriole Field, Copeyan Park, Loomis St. Park/launch ramp, and so many more? I guess he's not privileged to that common information, since he lives and mostly works in Manistee! Lastly, the Mayor has to promote Henderson's idea of FNL and how wonderful that is. Most of those tourists are there to hear free music, eat free ice cream, and let their kids go on the baby Badger sir! Then, out of the sky blue we hear a COL water main collapsed and blew water all over. Is that from lack of regular routine and imperative maintenance? Coiincidence? Or just More Negligence?  Methinks it's the latter! Even in total DEFEAT, these people keep making the public believe they are perfect in every way, never make any mistakes, never conspire with their pals and relatives, and should all keep patting each other on the back for a job well done. Watching this event bi-weekly is quite a real circus act, of the ultimate comedy. It also seems like a rehearsed act of seals that react to any tragedy and mistake like a dead fish treat from the trainer...lol. And I observed at the start of X's presentation, the entire councils' body language went into "deaf mode". Heads bowed, and body's went into a defensive mode, anyone notice? The other last observation was that Mayor Cox's nose really looked red, just like Wilson mistakenly pointed out; also resembling that of W.C.Fields, the well know comedian/drunk....lol. 

Thanks, Aquaman, it has actually been five weeks since I made it up to that podium, maybe the long rest helped out with getting these points across.  I believe the council was probably expecting me to comment some on the McAdam affair (I had petitioned them for a fifteen minute presentation, much like I gave at the county, but was denied any more than the five minutes of public comment by the Sergeant Mayor) which is almost five years old, so I may have caught them flat-footed on these questions.

 

The first two questions were ignored completely but Chief Barnett did answer question three by stating that the beach has times where they are not patrolled because of 'lunch hours'.  A full beach on a sunny Sunday afternoon at peak beach time seems irresponsible for anyone interested in beach safety, but the Chief takes it as a necessary inconvenience for the public, so that his one officer on duty at the time can grab lunch away from the public at large.  Effectively, he answered the last question with his callous response.

The move of the Red Door Gallery from the heavily foot-trafficked Ludington Avenue near the House of Flavors to a nether region about five blocks up James Street provokes a big question in itself as to why would any business do that.  There's more behind that, I'll wager, than the lack of trailer parking facilities that are mentioned in the record. 

As for assessments, here's what the neighborhood has experienced since 2003 as compared to 2013 or 2014 if available.  These are readily checked at the city's assessment site.  Bob Gibson's property at 424 S. James had summer taxes of $860.04 in 2003, $3015.73 (more than tripling) in 2013.  The property just brought by the Grubich's went from $539.24 in 2003 to $2342.39 in 2013 (more than quadrupling in the period). 

Across the street, Blue Ribbon Cleaners went from summer taxes of $328.13 to $1119.98 (more than tripling) in that period of 2003 to 2013.  Being public property, the assessor never had to worry about 420 South James, but are we to assume that while the properties around this lot tripled and quadrupled that the lot went the opposite direction, now being less than a third of the value since 2003?  Then sold for less than a tenth of the value of the year 2003? 

In reality...

I agree with Aquaman, an excellent presentation of undeniably wrong doing by City officials. And in typical fashion the Council refuses to answer any questions you present before them. The LDN refuses to adress the concerns you raise while representing themselves as local media expert for the Ludington area. Everytime you step in front of the Council and are ignored only demonstrates the depth of irrisponsibility of those that were elected to "reperesent the public's interests". The insane price of the lot and how the process of giving away the land to a crony of Shay's clearly shows why the Council cares little about Ludingtons taxpayers. This issue alone will make an excellent case againts re-electing any of the existing Council and Mayor and should be used by their apponents in the next election. The brazen disgregard for the safety of motorists with the "stopsigngate" incident and the MIA beach patrol show further disregard for the safety of people who use ludingtons roadways and beach and poor decision making by those in charge.

 

Very good points on your comments Aquaman

 

 

 

Thanks Willy. And thanks again X for your astute data on the property tax liabilities and assessments on the competing bidders that would have their own taxes triple over the same period of time. Facts and figures are what ring true in my book. Obviously, some city officials, repeatedly the sameo ones, want us to believe what they say is the real truth, not what our eyes and ears tell us. Expertise on ways to deceive and lie, is what Shay and Wilson are best at, and also why they should both have been fired long ago. They found the wrong forte in life, both should have been magicians, now you see it, now you don't...lol. 

These guys are up there with the best mesmerizers and illusionists of all time.  How can every single councilor and planning commission member not question why it is a good thing for the downtown for this lot to

1) become, in part, a private parking lot requiring a new curb cut on James Street.

2) become, in part, a private side yard for perpetuity with no business thereon.

3) be sold for $5000, less than the summer of 2013's taxes for the two neighboring properties, and a tenth of what it was worth eleven years ago, to an LLC who 'threaten' to leave the area if they don't get their way

 

This just doesn't seem to work with the traditional model of city planning, and if it foreshadows what our city planners are going to do in the future, we are in serious trouble. 

Dittos to that X. It's incredible and a total financial sham that just happened. Are ALL these city councilors asleep? You would have thought at least one would ask the simple question of whether the price isn't too cheap. Afterall, wth kind of downtown property on a main street is only worth $5K? This amount alone should have waved a large red flag to everyone with half a brain in their lofty head imho! And have them ask for the recent assessor's valuations! But, that kind of thing I guess just isn't in the cards for us local taxpayers at all these days????  Real estate 101 isn't rocket science at all folks!!!!!!!!! This kind of fraud/bribe should be a criminal act by Shyster Shay, and right in everyone's face! 

  • Can someone tell me where I can find a copy of language for a petition to be used to petition Pere Marquette Township to get the township to change the law in response to fireworks at anytime during the day and late night and early morning. My sister works in home healthcare and she needs her sleep.  I know that City of Ludington has passed a new regulation.   It was stated in the Ludington Daily News about this change.

And it is September now not July so no reason for people to shooting off fireworks now.   Sometimes it sounds like the French Revolution....lol.

Welcome to the Ludington Torch, Jason, to assist you in your efforts I include a list of contacts PM township uses in this link, or of course you can meet them in person during normal business hours on the corner of Iris Road and the Old PM Highway.  The board meets the 2nd and 4th Tuesdays of each month at 6:30 PM if you want to address them or give them a packet of materials you wish to support your cause.

Take note that even with PM Township enacting a partial or full prohibition of fireworks, the matter of enforcement is going to be tough if you have resistant neighbors.  If you read into my words, I do not encourage prohibiting fireworks, but enforcing 'disturbing the peace' laws already on the books, so that your neighbors will respect your sibling's rights.  They have a duty to do so, and the laws on the books are already on your side. 

I therefore would encourage you to figure out which of the neighbors is doing the offensive fireworks and use diplomacy so as to get your sister some sleep.  If you hear the people complaining in Ludington this summer for a full ban, they have already noted that the law passed last year has not worked for their peace.

Well said X, do any of us really need more ordinances and laws that are already on the books? I suggest the same, go talk to your neighbors with respect and politeness. It's as easy as that if you have neighbors with any common courtesy. If that doesn't work though, or they get mouthy, just tell them you can call 911 and the Sheriff will handle it into the future. That in itself usually calms people down and makes them reflect. Most neighbors want to get along and be friends, however, I've seen it the other way too, and that's not fun. 

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