The Ludington Torch recently received the complete application that our city leaders sent out to the Michigan DNR Trust Fund in order to secure $300,000 in financial assistance in order to redo the West End of Ludington Avenue.  A comprehensive analysis of the application prepared by City Manager John Shay and Community Development Director (and Grant-writing Specialist) Heather Venzke Tykoski, will soon be prepared, pointing out some inaccuracies, omissions, and exaggerations contained therein, but this article will cover only one, that illustrates the corrupt forces within Ludington City Hall.

There is compelling evidence to support the assertion that not only was the wool pulled over the public's eyes but also the eyes of our city councilors.  But first, a background on the basics.  For the fifth year in a row, the city has eyed getting $300,000 from the Michigan DNR Trust Fund (DNRTF) in order to put in a walkway between the terminus of Ludington Avenue and the north breakwall, and to otherwise landscape and reconfigure the road end away from parking and into a reconfigured plaza to hold events. 

Public response has been tepid and mostly against the project at the required public hearings on the project over those five years.  That response has reached a crescendo this year with currently over 150 citizens and visitors submitting a petition against it.  The other side had only city officials advocating for it this year, particularly the two officials already mentioned.  These two also held a major secret from all of us, councilors included.

City Manager Shay created a false narrative at the first public hearing on this project back on March 7, 2016.  The meeting minutes has him make the following claim (highlighted from March 7 meeting minutes)

In the March 7 2016 LCC Packet (p.6) the memo from Shay to the council claims there will be no money coming from city coffers and recommends the councilors pass a resolution to apply for the grant.  In the March 21-2016 LCC p.13, in a follow-up memo, an amended version of the project is presented to the council, but Shay once again says money will come from donations.  This is the meeting where they would pass such a resolution, but it was a late addition to the agenda, since somebody left it off after the public hearing. 

Near the end of the meeting Mayor Cox states (1:35:45 in):  "Entertain a motion to submit an application to the natural resources trust fund for improvements to the west end of Ludington Avenue."  There is no other amendment to that resolution which was passed unanimously, such as committing financial resources of the city to the project.

March 21, 2016 Ludington City Council from Mason County District Library on Vimeo.

But when the meeting minutes were made for this meeting (March 21, 2016 LCC Minutes), this resolution became something quite different.  Recall there is no form of this resolution in either of the two meeting's packets, and the resolution was made solely to submit an application.  But in these minutes and in the one sent to the state, the resolution included language committing the city to match that $82,800 (ResolutionforStearnsBeachRecreationareaMNRTFgrantapplication2016.pdf) namely the clause:

This point was clearly made in the application as well, signed by Heather Tykoski:

If you missed the point, here it is.  City Manager Shay expressly told everyone there would be no commitment of city money to this project, even the councilors.  With the packet they had and the information they received, along with Shay's assertions, they should have had no idea that when they voted to submit the application, they were also voting to financially commit $82,800 of the people's money to this project.  This has been properly done on prior applications.

It was left off everything, except for the meeting minutes especially created for the benefit of the DNR Trust Fund to look at and infer that the City of Ludington has committed that money to the project.  This misrepresentation to the public and the city council is fraud established and perpetrated by the two city officials not only on the citizens of Ludington, but especially the Ludington City Council too.  That resolution as created is a legal instrument that allows these corrupt officials to meet the local match by dipping into the city's coffers for the $82,800, clearly in violation of the processes defined in Section 8.7 of the Ludington Charter

The question that should be asked is whether the city council was aware that they were part of this fraud, or whether they are victims like you and me.  They seem to have plausible deniability at this point.

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URRRGGGHHHH....

Sorry... trouble finding words...

....Lyin' Shay...?

Unbelievable.  

Huge scheme, fiasco, and deception.

And I'm pretty sure at least ONE councilor knew.

I have always been worried about the matching funds, not only that it would be put on our back, but that local business(s) may help fund it looking for (more) favors down the road. (the road that won't be eliminated)

Horrible decimation to Ludington if WES is approved and done.

Here is link for petition again.... https://www.change.org/p/michigan-city-council-citizens-and-taxpaye...

Please sign petition and post a comment on it's webpage.

Will someone please post this discussion to the Concerned Locals (Ludington) Facebook page?

 Brad's reaction should be the same as any Ludington citizen who reads this.  Section 8.10 of the Ludington Charter offer more, and a remedy to discipline the officials who do such things:  "No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the City Manager or the Manager's designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriation and the sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any authorization of payment or incurring of obligation in violation of the provisions of this Charter shall be void and any payment so made illegal. A violation of this provision shall be a cause for removal of any officer who knowingly authorized or made such payment or incurred such obligation. Such officer may also be liable to the City for any amount so paid."

Ooops, City Council may have to change that LAW at the next Secret Meeting....

Excellent work X. There is one other person who definitely knew about the inclusion of City funds and that would be the City Attorney. He's responsible for helping to create all the paperwork or at least giving guidance and assuring that everything is above board. If he knew, then he is an accomplice to fraud, even he didn't know then he's incompetent and should be fired. After all, he represents the citizens of Ludington and is paid a great deal of money for his services.

I'm wondering just how much money has been spent over all these years trying to make this deal. Consultants, attorneys,contractors, ect, not to mention the salaries of City officials that were wasted by spending time on this project. After listening to this group of Councilors It's hard to understand just what is going thru there heads. I've heard many other Councils in other cities and they rarely agree with each other as unanimously as Ludingtons representatives do. Rarely is there ever any debate involving apposing ideas with this Council. 

How many times has this forum's administrators caught Shay and Venzke/Tykoski in the act of fraud? Fraud with intent and deliberate? To get a fixed agenda in place and make it stick in the craw of the taxpayers! This too is sickening and the proofs are here for the naysayers. Shay is rotten from top to bottom, inside and out, no denying that in any shape, way, or form. As long as the apathetic citizenry allow the city clownsil members to stay intact without running against them for office, or recalling them from office, this stuff just continues unabated, into infinity. And it continues to give Shay a big giggle about the stupidity of his cohorts at city hall, and don't care.

Totally agree with Willy. Excellent reporting XLFD!!!!

Thanks for the compliments, guys.  One would hope that more people would wise up and rise up against the undeniable corruption and deceit at the very top of our city hall's food chain, but they are not lining up very easily.  Bringing down the fortified wall at city hall will require a lot of help from outside the established system in place. 

I totally agree. I enjoy watching the council meetings with No Volume. Just watching the Red Solo cups go up and down perpetually,  like a Ferris-wheel at a dirty carnival.

Well... I guess I'll end this day the way I started it.

AAAAAHHHH!!

Citizens are like most Amerikans; low info, unfortunately.  With or without published notices in newspapers or websites. 

And with reporters really being promoters and none of them being investigative anymore, it doesn't help.

As far as the council, once Heather (and Shay) have an idea, one particular councilman will be in, and he'll convince others.  Also note her irritated tone and demeanor when her ideas were strongly opposed.  I agree it's very strange that there never seems to be any disagreement between council members, are they all clones.  The March 21st meeting was like bunch of used-car salesman pitching their best pre-scripted sale all for one product.  So obvious.

Someone please post this discussion to the Concerned Locals Ludington group on Facebook.  There seem to be many citizens there that care about Ludington.

Anybody is free to share this with the Concerned Locals group on Facebook, as with any other article here. 

I am hesitant to do so, simply because I already post it myself at my Facebook presence, The Ludington Pitchfork, and don't like looking as if it is self-serving for myself or for my Ludington City Council candidacy.

It is information that should be shared with all concerned about the present and the future of Ludington.

Don't worry about being self-serving, you have to be  pro-active for yourself and your candidacy.

You don't have the advantage of having the local print and audio media in your corner and to overcome this disadvantage will take an extra effort on your part.  If you facebook your name, it mostly links to COLDs articles disparaging you. That and some unfortunate guy with the same name on the West Coast. Nothing shows up linking you to The Ludington Pitchfork, nothing about who you are and nothing about why you are running for city council. 

Don't assume people know who you are without providing them with every opportunity to find out the truth. You have to Trump up your run for office if you want to get noticed. You have a lot to overcome.

Assume that most voters don't know who you are and what you stand for.

Most voters will make up their minds during the debates.

It is never too early to get positive name recognition before your voters. You have to make them want to listen to the debate. And don't be too surprised if the COLDs is already working on slanting the debate story.

Your effort on this piece, of Shay shackling the taxpayers with more debt and fraud will not be recognized by the average voter in the third ward unless you make a large effort to do so. Expand your base and readership.

I think just what shinblind said is soooo true. And what about these so called "debates"? I've been thinking about that for some time now, but didn't mention it either. What about a debate with Mr. Les Johnson? Why not? How about making this a firm commitment on both your parts? Ask Les out, and see what he says! If he hides behind the LDN and other misfits in the mix, call him a nice name that fits the scenario, like paranoid, or afraid to face the voters wants and needs. This should be phenomenal in the local political scene, and invite many more into that reality, that the status-quo won't do anymore, and citizens want leaders, not sheeple.

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