Ludington City Council Meeting 8-25-2014: Fireworks, Filming, Fiction. Fidgeting

 The meeting was held on this late August day, on the sixth anniversary of when the City of Ludington decided to settle with their former Ludington Building Inspector Jack Byers for a quarter of a million dollars, reportedly because of violating the Open Meetings Act (OMA) and the Whistleblowers' Protection Act.  Last I looked, Jack Byers is serving as the Manager of Community Planning for the City of Minneapolis, after serving as a building inspector in Grand Haven.

Undoubtedly, these two municipalities look at Mr. Byers as a valued asset to the community, not as a despicable whistleblower like our city officials did.  This was also the sixth anniversary of what is known as my bicycle ticket, which began the process of having me realize that our local officials are extremely corrupt. 

Like Mr. Jack Byers, I became an ex-Ludington official and later uncovered OMA violations and evidence of other more serious violations by our increasingly venal public officials.  Yet the disease continues to fester, as few can actually do anything about it without utilizing other sympathetic agencies that fail in their duty to the public.

This night, the travelling Vietnam War Memorial was featured in the comments by officials, this video was put up at the library's web site at about the same time as the meeting website and is worth a look.

vietnam wall from Mason County District Library on Vimeo.

In public comment, I gave my usual strident rhetoric on public policy and officials, including another one of my shout-outs to a couple of city employees doing their job right (transcript of which follows the meeting's video).  Next came Gerald Boon from Freesoil talking about the two boat launches at the end of Loomis Street and Copeyon Park, and asked the City elders to reduce the costs of using the launches.  He makes some fair points, but these are shot down at the end of the meeting by John Shay in noting that the City is already losing money from the boat ramps (21:00 in). 

If that's the case, let's sell the damn ramps to private entrepreneurs, and see whether John Shay changes his tune when they offer the lesser prices. 

Then the fireworks ordinance came up, and Councilor Holman before its passage urged people to turn in their neighbors when they see them violate the law by shooting off fireworks.  Other than my couple sentences of protest in my comments, the council (minus Councilor Marrison and Rathsack, who were excused absences) voted for it unanimously and without further comment. 

The City of Ludington accepted $633,000 from an MDOT grant (ours and others tax money) to assist in readying the Maritime Museum at the Coast Guard Station.  For a so-called 'private' endeavor, this sure is grabbing its share of public dollars, most that you can bet will be spent foolishly or corruptly used for other purposes.

They then voted to accept a new member on the Planning Commission, and Holman introduced a group of scouts.  Mayor Cox recognized Fourth Ward Councilor Wanda Marrison in what would have been her last meeting.  This was met with a thunderous round of silence, before Councilor Castonia mentioned the Wall again.  The Ludington City Council is obviously looking forward to putting their six votes for a city-friendly councilor from the Fourth Ward, even though none of those votes reside in that ward. 

August 25, 2014 Ludington City Council from Mason County District Library on Vimeo.

"Last week from MOUNT PLEASANT, Michigan: A mid-Michigan bank branch manager faces charges after a camera was found in a bank's restroom.  David Prawdzik is charged with capturing/distributing an image of an unclothed person, tampering with evidence, eavesdropping and using a computer to commit a crime.

Police were called Thursday to the branch after an employee found a camera behind a restroom stall. Police say the camera was taken to the manager who then tried to destroy it.

Prawdzik was later arrested and was being held in the Isabella County Jail on a $50,000 bond.

I brought this same problem to this council about a year ago, the existence of recording cameras placed covertly in the waterfront park bathrooms.  I once again offer the Michigan State Police Report on that very subject last August, where they investigated my original complaint.  Chief Barnett advises the investigating officer that the two cameras hidden in the vents were placed there by city officials and had been "installed so long ago and the equipment was in such repair that he was going to have these units permanently removed from the restroom."   They are still there over a year after he made that statement, and after two more weeks of being reminded he had made that statement at the last meeting.

Earlier in the report he said that the central recording unit for these hidden cameras had not been working for years.  Yet, a month earlier, then FOIA Coordinator John Shay replied to my FOIA request for Video footage of both these hidden cameras during the daytime hours of July 13, and 14, 2013." by saying and I quote:

"The denial portion of the City’s response is tentative only until such time that the City reviews the video tape to determine if any of the cameras inadvertently captured footage that could be considered an invasion of someone’s privacy.  If no such inadvertent footage is found, your request will be granted in full.  It is estimated that it will take approximately 6 hours of time to view the VHS video tape.  At $23.32 per hour (including fringe benefits), this would cost $139.92.  Upon receipt of your deposit in the amount of $69.96, the City will begin its review of the video tape.  Upon receipt of the entire payment of $139.92, the City will release the video tape in accordance with the City’s response."

Chief Barnett stated the recording unit had not been working for years last August.  However, City Manager Shay affirmed that the cameras were working last July, and required city officials six hours to review that recent footage so that the incidences of 'invasion of privacy' would not be given out.  One of these two men is lying.  But what the city manager and the chief do not seem to understand is that recording people in these bathrooms including within the stalls is an invasion of privacy just like the what happened with the Mt. Pleasant Bank Manager, and not releasing this footage to myself or the state police unedited is effectively tampering with evidence of capturing/distributing an image of an unclothed person and perhaps using a computer to commit a crime.

Like manager David Prawdzik, your executive status should not grant you special immunity from the law.  But barring any responsible, uncorrupted official in the area coming forth and demanding the law being enforced or removing the offensive cameras, I will donate my time over this next weekend to remove the hidden cameras from the vents inside the Waterfront Park bathrooms, and will deliver those two cameras to the LPD next Tuesday.  If I need to clip some wires to do so, I will supply a properly sized wire nut with the understanding that these cameras will not once again go up in a manner that is against the law, and against common decency.  In the meantime, please let the public know whose story is correct:  Mr. Shay's or Chief Barnett's. 

 

Ludington City Council, you are the folks who hire these two people, after the mayor appoints them, so these two are a reflection on you, not the people who elect only you to do their business.

 

Two people you should be proud of having on your side are the two DPW employees Josh Taibl and Mike Comstock.  Not only have they helped the His Friends Ministry on their own time in painting the lines on the Foster School basketball courts, but they did a very good job of clearing foliage in front of stop and yield signs earlier this summer while on duty, thereby making our streets a much safer place.

As for the fireworks ordinance that the council will consider passing today, let's consider whether this is really something we need.  This council passed an ordinance last fall banning usage of fireworks between 10 PM and 10 AM every day except for holiday times.  Citizen Nielsen and others have alerted this council that people are still shooting off fireworks between those times in violation of the law.  This council comes back with the solution to ban these otherwise legal fireworks at all times for everyone, including responsible fireworks users.  Do you really believe that that the same people that don't obey the old law, are somehow going to obey a new law with further restrictions? 

The rights of the many are being taken away because of the actions of a few.  [Here's where my speech was stopped, I conclude here] It's much like creating a law to counter the few people that poach deer by banning hunting deer at all times for everyone, thus making all successful deer hunters criminals.  Many of you officials would not like that, I'm sure.

The answer is not to criminalize responsible use of legal fireworks during socially-acceptable time frames, but to enforce the already existing laws against disturbing the peace that adequately address the issue on the people that violate it.  It's that simple.  Thank you."

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"I hate my computer" is the last statement by Kaye. Shame on HER for not knowing better!  My gosh woman, get your stuff together, eh? I observed that the Mayor gave X a stringent nasty look at the very beginning. Then Shyster Shay gave the same look when X was handing out the copies and about to approach the podium. Then, X decided to make his case, and that he DID imho.  Excellent reporting and journalism X, I wish we had some "real journalists" around here these days! Like the ones getting paid for it by the LDN and MCP for example.

Thanks for the body language analysis, Aquaman, I usually can't look at everyone's face and read through my statement at the same time.  But the fidget in the title of this piece to me was the general mood of the council at this meeting, because whenever I looked up at the council, they seemed to me more nervous than usual.  It could have been because their two 'better councilors' (as defined by lack-of-corruption standards, CC Marrison and Rathsack) were absent, and they had proof of their police chief's and city manager's duplicity in their grubby hands.

These guys all deserve to go, they are a disgrace to public service.

Methinks you X, have proven this over and over, at Least the DISGRACE part. Mayor Cox has to either fess up to it, or continue the deception, which seems to be the fixed agenda in progress: and it can't be admitted, lest we consider that every City Councilor is without any sin or issue forevermore! The Arrogance is just obvious and extrapolated into infinity! Whom, if any human being, can say they are "without any faults and sin, or made a wrong decision in the past"? These are the "ONLY ONES" I can admit to being witness to for several years now since the inception of "The TORCH"! It's no WONDER why Wanda quit, and I would like to hear her personal off-record words on this forum to express in detail why she resigned so suddenly. It appeared to me anyhow, like she had higher ground to achieve in, like her spectacular dogs, and her ethics of higher moral character. 

I personally don't care what Wanda has to say because she had more than enough oppurtunity to set things straight when she represented the citizens of Ludington. Her "legacy", in my mind, is one of complicate complacency regarding upholding the rules, laws, ordinance, regulations and Constitution. Her role on the Council was to stand up for the rule of law and to represent the voters who entrusted her with the responsibility to do what she was required to do. Instead she became part of the problem and will forever be remembered, at least in my mind, as an ineffective advocate of the people and an effective tool for Shay and the other tyranical minded City officials. Wanda enabled them to carry out all of the Unconstitutional agendas they put forward and all of the shady dealings that transpired around her. She was either a direct part of the problem or she stuck her head in the ground and pretended to be a concerned elected Council member.

If Wanda fades into the sunset without doing anything else, her legacy will only be that she sat on the city council when it was very corrupt, and went along with it.  She surely didn't stand up with the people of the Fourth Ward on their concerns, but if the councilors pick the replacement, we are likely to have worse. 

I think there may have been more involved than just family matters, even though Wanda is admittedly family-oriented.  I believe her legacy would be enhanced if she became a whistleblower, but I don't see her going there because of her worries of estrangement.

It's a shame when civic minded persons want to serve, and find themselves in a quagmire of corruption and arrogance that they can't overcome nor are brave enough to countermand. That's my take on Wanda. I think she was overcome with fear, embarrassment, and lack of fortitude to accomplish higher goals. I wish her luck and peace after this most probable traumatic experience. It appears it was over her head to see what exactly she was participating in, and felt like it was better to just drop-out. That isn't what public service is supposed to be like imho. Elected official people have to stick to their very own convictions, and the wants of their constituents, not just vote the way all the rest of the sheep say is right. What's worse is that the CC is going to probably hand-pick the successor, and that in itself, is much worse. 

And it's very, very sad that they are not even considering having a 'special election' to coincide with the November election so that if more than one person wants the job, then they can get a popular mandate.  I am fairly sure that if they wanted to have set this up back when she made her decision in early August they could have gotten it on the ballot through expedited means.

Fair analysis, Aquaman, and I will believe you're right if we don't really hear any more from her in her post-councilor life.

It would have been sooooo much better to sell the old Coastie Station to someone who could turn it into a cool new restaurant. Ludington has no waterfront restaurants except for P.M. Steamers, and you can't see Lake MI from there. We don't need another old dusty museum propped up needlessly by taxes.

Med

I agree. The old station would be a perfect spot for a restaurant. Instead the taxpayers will be forking out millions to pay for another museum of which there are many around the Great Lakes.

I have no problem with it being a maritime museum, but the grants are no doubt going to be coming in indirectly from the taxpayers of the state and eventually its support will come from the area, even if the tax-paying folks never have a desire to go there.  The MDOT grant shows that donations and entrepreneurs will not be the driving force in constructing and maintaining the museum, taxes will.  The partnership between the City of Ludington and the nonprofit MCHS will guarantee its funding, and guarantee we will pay each year. 

This will make it difficult to compete with for all private museums already in the area, and those individuals who may want to start their own venture without forcing everyone to pay for it.  Plus, the City of Ludington (as it has already) will continue to reduce the southern part of Stearn's Park as it continues this route.  They already plan on erecting a bunch of placards around the harbors of Ludington to further erode the natural beauty of the area.

So, yeah, a museum is alright, but we don't need any more public museums; better is a private museum or that waterfront restaurant MED mentions.  Read more about the museum here.

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