Public Hearing Loss at Council Meeting

[XLFD]

The most interesting part of the November 23, 2020 Ludington City Council meeting was not on the agenda, it was the disciplinary hearing regarding Councilor Angela Serna's use of language at the prior meeting.  It was opined by both the accused and her lone defender from the public that the method used by the mayor and the rest of council to determine what to do with Serna was done by a process that violated the Open Meetings Act (OMA).  

Immediately after this vote, which basically was the first action taken in this meeting (other than approving the consent agenda), a public hearing was held on a resolution that would allow the City to apply for $2 million in Community Development Block Grants.  I looked into the topic as best I could before this meeting; there is only the resolution (see p 19) in the councilor's packet.  I had a bit to say about the resolution, and wrote up a comment sent to every single councilor, the city manager, the city attorney, and the city clerk that morning, about 8 hours before the meeting.  

As you can see in the highlights, I did mention in the subject line and the intro that the second of two comments I included was made for the Haskell Building public hearing.  Remember, it was sent to ten officials that were present at the meeting.  But here is how the public hearing went at 29:30 into the meeting following an introduction by the mayor

Mayor Miller:  "The floor is open for comment.  Mr. Foster would you coordinate for us?"

Foster:  "If there is any member of the public who wishes to speak in regards to the 801 North Rowe CDBG application please either get on the video feed so I can see you raising your hand or digitally raise your hand..... I see nothing your honor."

Miller:  "Thank you.  Upon having the opportunity to hear public input and seeing none, council, do I have a motion..."  

Ten officials ignored my public hearing comment, it was not like they were deluged with public comments at the meeting, my two comments were the only ones.  Fortunately, I was watching the meeting, and shortly after their vote on the hearing I notified them on their Facebook feed which appeared also not to be seen.  Fortunately, I was able to get through by messenger to inform them that my timely comment should not be read at the end of the meeting, long after their discussion and vote on the public hearing's resolution.  When you read it, it makes no sense to read it after the passage of the resolution.

XLFD public hearing comment, unread:  "City staff should be providing the council and especially the public with as much data as possible before a public hearing is convened.  This is especially true during a time when they cannot interact in person with city staff because of the restrictions imposed by our state government.  The only document supplied in your council packets on this CDBG hearing is the resolution you are voting on, nothing to support your decision either way. 

In the public notice for this hearing, the public is directed to a link to the City's home page in order to inspect relevant documents in the application process.  Those documents can only be found with a directed search on the website, making one wonder why city staff did not directly link to that. 

The attachments to the application are nowhere to be found.  Perhaps these three oversights are used to quell meaningful councilor and public participation in this public hearing.

I notice, by looking at the Brownfield Plan and the amended plan for the Haskell Building, that this funding was not listed as being part of the financial support of the project.  The developer says that they will consider additional support by seeking CDBG Blight Elimination Grants. 

Nothing in the authorizing resolution suggests that the $2 million grant being applied for will be for the use of eliminating blight, just that it will benefit low/moderate income persons, contrary to the objectives actually sought in the application.

The application indicates the $2 million will be used for 'spot blight'. 

The HUD's Office of Block Grant Assistance notes that:   Activities under this category are limited to acquisition, clearance, relocation, historic preservation, remediation of environmentally contaminated properties, and building rehabilitation activities-- where rehabilitation is limited to the extent necessary to eliminate a specific condition detrimental to public health and safety.

The project budget shows that CDBG funds will be used for masonry, roof, HVAC and electrical improvements. 

These are not valid activities allowed by the grant.  Reject voting for this resolution, until it can come into agreement with an application which itself requires editing." [END comment]

This is like the fifth grant application in recent memory that the community development director has botched in a major way (rental rehabs, Legacy Park, Copeyon splash pad, and West End Project are the other four that come to mind).  Despite the poor or fraudulent efforts, she has had some success due to the state's lack of diligence.  

The council would pass the resolution unanimously without addressing the shortcomings (typical for a zoom meeting even when they read comments), and would also conduct the rest of the business of the meeting.  The city manager introduced the 2021 budget and capital improvement plan and how it has been affected by various things like Covid-19 and high water issues, Councilor Serna asked a few questions, including the important ones as to why some supervisors were getting raises when they had reduced schedules this year and many in the community suffered.  The budget is likely to be adopted at the next meeting after a public hearing on December 7th.  

Other business included approving a no parking zone near Lakeview School in effect for the school year.  They adopted a set of rules for remotely-held meetings.  They chose the low bidder (for once) for IT services by choosing I.T. Right.  They also approved an interlocal agreement for as-needed county assessor services.  They approved of a letter to the governor (and legislature) in support of a community stabilization plan.  They also approved a benefit plan with the Municipal Employees' Retirement System (MERS).

Mitch Foster and City Clerk Luskin did indicate that they would include my public hearing comment in the minutes of the meeting in the proper place, but if anybody was ever uncertain that the current city council (minus Serna) was interested in what the public has to say in hearings, they proved otherwise tonight. 

At the risk of sounding like a broken record, not permitting me to comment at a public hearing at this meeting was a violation of the OMA and a violation of the public hearing protocols.  It shows one of the many shortcomings of zoom meetings, in that if this was a normal meeting, I wouldn't be depending on ten apathetic officials not forgetting I had prepared and sent them a message to be read.  I would be there able to walk over to the podium and speak my piece. 

Another shortcoming happened to City Manager Foster about halfway through when his computer ran out of power and he had to be off for a couple of minutes to find another device to get to the meeting.  He is more fortunate than about a third of our other residents who cannot connect to such virtual meetings with one device, a number that may go further down as a new set of lockdowns come into place and makes internet more of a luxury.  

[Freedom Seeker]

X, maybe a phone call to the CM, who has been so good at reading your comments would be in order? Ask him why your second comment wasn't read? It doesn't make sense that your comment on the Haskell Building grant wasn't read (yet will be put into the minutes--what's that about?). Have they taken a stance that they will not read unproven opinions? Yet Mitch read your first?

It seems the Council is overwhelmed with the size of the council packets and the reading that has to be done. Very few but you would have the ability to dig into research and see what you do. Again I say it is a shame that your runs for council seat was sabotaged. But you don't play on the team of rubber stamp and sweeping wrongdoing under the rug so they had to stop you, and they'll do their best to stop you until a fair judge rules when they push it to legal means. Such a shame and waste of public resources.  That's my opinion.  If we had a Council that wanted to do what is right  they would welcome your comments and commend your research skills and ability to see details.

[Freedom Seeker]

Another comment on this thought:  has the Mayor gone rogue and shut down the city manager from reading certain comments?  Mayor Miller was certainly autocratic in the last meeting when he wouldn't let city manager ask Todd Shrader to come online to answer Councilor Serna's question.  We may have a rogue turkey running before Thanksgiving.  Or maybe he met with Winky, Blinky  and Nod behind closed doors and formulated this policy?

Happy Thanksgiving in these trying times.

[XLFD]

Mitch Foster was used to reading two comments from me at meetings during the two comment periods during these virtual meetings or three if there was a public hearing, but I consider the second comment period more of a 'reactive' comment as to what the council did at the meeting. 

Since it was unclear whether they would hold a disciplinary hearing and whether they would hold Serna accountable, I would normally prepare a short speech anticipating their actions and if they didn't do what I thought, I would not read it.  I can't do this with virtual meetings, as they would gladly read my second comment if it was in error as to what they were presumed to do.  The city council wants virtual meetings to conduct their business except for two people:  Johnson and Bourgette.  Guess what?  Those are the same councilors who don't want to have their meetings devolve into a circus by throwing knives at their peer for expressing outrage over the ringmaster's arbitrary rules.

Foster made a mistake in thinking that my second comment was for the end of the meeting, even though I tried to make it clear in my E-mail twice.  Every other official either didn't read or didn't process the E-mail copied to them.  They (except Serna) often show that they are unprepared to deal with issues outside of their committee work.  One could say these councilors are getting paid $150 per meeting, they should be able to take aside at least an hour to get up to speed by reading the packet, and their citizens' E-mails.  I know that's what I would be doing in their place.

[Freedom Seeker]

Thanks for that update, X.  I appreciate your giving Mitch the benefit of the doubt (thinking your second comment was for the end of the meeting), but WHAT?  That doesn't make sense.  I think Mitch is sharper than that, especially when noted to be read at the public hearing.  It sounds like a closed-door directive to me.  And I think someone is annoyed at your criticism of the grant writer.

[Du Wright]

Happy Thanksgiving! I'm thankful today for strength in youth and physicality, but as our bodies age and strength wanes or sickness takes us, what goes with us into the hereafter, (or back to the earth, depending on what one believes)? Is it just our legacy? And what legacy do we leave?

For those who believe in a greater time, an everlasting beautiful world to come (shall I dare say heaven on a political forum?), the character we have developed in this physical life, the spirit that comes from that just character lives forever. And how do I tie this reflection into the political forum here? I believe our elected representatives and public servants, like the rest of us are being tested to develop the right character, to "do right." But an elected official stands to serve the electors in honesty and truth, fair to all, with good character, having the extra weight to make decisions for constituents.

Thanks to Councilors Johnson and Bourgette for seeing and recently voting for the substance of character rather than getting into nit-picking schisms of not liking someone who doesn't follow a blind agenda and asks a few questions for the good of those who want to know and used some foul language in reaction. I have more faith in our city council because of those votes. I hope there is more of that wisdom in the years to come. Thanks to XLFD for fighting for truth and transparency in our government and for honesty and good character amongst our officials.

[XLFD]

Having help and support of others in the fight to save the city from the excesses and deficiencies of city hall is a little bit of heaven on Earth.  A special thanks to all of those who fight for the light and for what's right and bestow their wisdom and fire for the Ludington Torch.  

[Freedom Seeker]

Interesting Thanksgiving Day reflections.  Still thankful to live in the best country with the most freedom.  As far as excesses and deficiencies in cities, some are on better tracks than others.  In my opinion, those that have better control of their debt will fare better through economic ups and downs.  And Ludington has been off track on that mountain cog, imo.  Heard on radio yesterday that Harsco will pull out completely, losing remaining jobs, and Whitehall laying off some 130 or so temporary workers.  Yet the city gives more raises?  And blows grant monies on frivolous beautification.  When times get tougher, the beautiful west end or an over-cramped legacy park will not sustain us.  We need wise Councilors that ask questions.  Where are we going?

[Willy]

Very good coverage on the Council X. Very nice comments from FS and DW.

[AQUAMAN]

Well, it was obvious Mayor Miller had a fixed agenda here regarding CC Serna, and wasn't going to forgive or forget, like a good Christian should and would. I applaud CC Johnson and Bourgette for voting against the disciplinary action, they are acting more in accordance with putting this behind the council for the future. Thanks for the update X, and the views on all this nonsense. Also, was a bit surprised that CC Stibitz didn't also vote against the disciplinary action, sad.