Ludington City Council June 12, 2017: A Few Faux Environmentalists, Weirdness

Environmental issues were the cause celebre of the June 12 Ludington City Council meeting, and this article will only chronicle the controversy that arose over such issues.  Not to fear, we will cover other issues that came up in this two hour meeting in another article that you won't find elsewhere in the local media. 

Two topics dealing with environmental issues were on the agenda.  The first was a communication giving the councilors an update on the All Hands on Deck event on July 3, the other was to adopt a resolution 'opposing oil transport through Enbridge Energy Line 5 pipeline'.  An unusually crowded meeting signaled that something may be up concerning the latter. 

But the most interesting environmental presentation this evening was the first two public comments from a mom and her daughter, commenting about some local environmental problems seemingly caused by, you guessed it, the city government and their government contractors working on the city's water utilities.  They would illustrate why the local environmental group AFFEW (A Few Friends of the Environment of the World) is so misguided and irrelevant to the locals who actually care about their own environment.

City Councilor Kathy Winczewski was elevated to the position of Vice- President of AFFEW at the beginning of the year, and it appears that part of her duty to the group is to introduce their agenda into the city's normal business.  AFFEW's Mission is "to provide visitors and residents with information regarding environmental issues having local importance by promoting public awareness..."   AFFEW's purpose is "to promote appreciation for our environment and thereby create attitudes in the public which will help maintain the health of our local area..."  

June 12, 2017 Ludington City Council meeting from Mason County District Library on Vimeo.

Nancy Smith: (2:20 in) "I'm here because of work being done in the Fourth Ward, with the sewer lines and the water lines, and the houses. Last year, in summer, my mom replaced hers with a reputable person, cost her $3600 to run the new pipe in. They did it really responsibly, they only tore up a patch, maybe 4 X 3 on her lawn and the same across the street where the connection was.
Now, the City's come in for the project, they tore up her driveway, they tore up her lawn, they tore up her roundabout driveway, they ripped up the neighbor's stuff too, and I'm thinking-- I'm pretty mad. Now she put out good money for a good job, now we've just got a big mess, and I have picture where the pipe is standing this far up (has hand about a foot over the podium) off the ground. So every time we drive, if someone's a little off of the driveway, or we have it plowed, they are going to ram into that pipe. And I want it not to be like that.

Mayor Holman gets her address (502 Fourth Street) says she doesn't have an answer.

Smith: "And my daughter's here with some water if anyone wants to drink it."
Mayor: "Been there, done that." (some chuckles)
Smith: "Well, it's still pretty gross, and my mom's 91 and still drinking it.
Mayor: "Probably not. I will pass this along to the DPW, and our city manager will give you a call, or I will and we'll see what we can do for you, and we'll have the guys go out and check it."
Smith: "They did go out and check it. They said run your water. Well, it's been weeks, the water's being run. It's not quite as white and smoky as it was, but if you'd like to have some, I brought you some.
Mayor: "My reputation must proceed me."  (the daughter takes the podium)


Kaitlyn Smith: "I live at 502 Fourth with my grandmother, I brought some water, and if you shake it up (shakes, some spills), it's not completely watertight, but if you shake it up, it will foam, and there's bits and pieces of dirt and muck and debris. It's not safe to drink, it smells, if you take a shower, you don't feel clean, you have grit. I shower at a friends house quite regularly just because of it.

My grandmother is not one to run filters because she's very old, she doesn't understand the technology, and she's very distraught about all the construction, because half of the time, I go to work at 7 in the morning and they start construction around the same time, and she's afraid one of those bulldozers are going to nail my car, because I have to park, not in her driveway, but park somewhere else and she's always afraid the construction equipment is going to hit my vehicle.

I've also had issues with the road being blocked off, because I can't get to work; I can't leave the area because they park their equipment in the alleyways, they have barricades up on all roads, and now when they're starting on Sixth street, the way I would usually come in and go out, they have that whole place, even truckers are not able to get through to get to the industries.

They've also started using jackhammers and so they have like 4 foot indents, in boxes, and they have cones in the center of the road so you cannot drive anymore as well. So it's just a big hassle to not be able to drink safe water, we have to buy bottled water, which I've started doing two weeks ago, after I figured out that it smelled like methane gas, and feels like washing yourself with beach water.

I hope we can get something worked out, somebody can get back to me, I can give you my number, I can give you my contact (information), but talking to my grandmother, she's almost 92, if you send someone to her door, she doesn't retain the information, she doesn't understand what's happening. So I'm just trying to figure things out, and hopefully we can get this all situated before too long because it's been two and a half months, and I am still worrying about it everyday when I get up.


Mayor: We will get back with you...

You may notice that the Smiths strayed from talking of agenda items, without any sort of hyperventilating by any of the officials.  Six of the next seven speakers would comment on what they thought were serious environmental issues, but none deigned to comment on anything concerning the citizens of Ludington or the local environmental concerns of the first two speakers.  None of those six actually lived in the city limits, but their messages were all similar in theme:  the Line 5 pipeline is dangerous; water quality is very important; oil, gas and economics are unimportant in the larger scheme.  Here is a brief sample of the six commenters:

Chrissie Hall (Hamlin Twp) (8:05 in):  "Please shut down this company and its pipeline."

Julia Chambers (AFFEW President, Amber Twp):  "AFFEW does not take stands on issues right now, we only educate people."

Lynn Haslam (Hamlin Twp):  "Line 5 is an accident waiting to happen."

David Hall (Hamlin Twp):  "The cost of shutting down the pipeline is relatively small compared to the cost of trying to clean up the beaches."

Lorrie Dykstra (AFFEW Board member, Summit Twp):  "I don't really care if Enbridge goes broke, and I don't really care if gas and oil costs go up."

Alan Haslam (AFFEW Board member, Hamlin Twp):  "I think it's an unacceptable risk."

These six Ludington outsiders were tempered by three Ludington citizens that had a different viewpoint, AFFEW would undoubtedly label them 'uneducated'.  C. Dale Bannon preceded Ms. Dykstra and made a cost analysis, "If we don't have pipelines, we'll have more costs." summed up his appraisal of the situation, made with his usual efficiency of words.  After Alan Haslam, I surmised they may have been done with their enviro-petitioning, and so I weighed in. 

I think it was a highly effective refutation of the half-dozen ideologues that spoke before me because it spotlighted AFFEW's utter negligence of local eco-issues and their hypocrisy in not getting their AFFEW councilor to address these issues in a truthful and concerned manner.

XLFD:  "Tonight the Ludington City Council is set to pass a resolution opposing oil transport through the Enbridge Energy Line 5 Pipeline.  Wow, how impressive.  You see, over the last two years, I've been bringing awareness to this council of the failings of our own city's pipelines, and have never got a resolution to correct the environmental hazards that were completely the city's responsibility.  Nor have I ever got a resolution that they would clean up spills they were totally accountable for. 

We've even heard another one tonight with 502 Fourth Street. 

In 2008, a sewer pipeline was decimated by flooding and put a lot of Madison Street and 15 millions gallons of raw sewage into the PM Bayou.  The city repaired the street and their sewer pipe, but failed to clean up the bayou of street debris and sewage. 

In 2012, a sewer pipeline failed south of the PM Bayou, resulting in 2 million gallons of raw sewage.  John Shay admitted at a meeting that the city bypass pumped raw sewage into PM Lake while fixing the problem.  That's very illegal.  The records show the DEQ and local health department were never properly notified.  When told this the city council informally resolved to defend the city's unlawful actions in detriment to the public safety and health. 

And let's not forget that while our utility maintenance supervisor and even the city manager was telling us that there are quite a few lead gooseneck pipes in our water system throughout the city, including the Fourth Ward,  Councilor Kathy Winczewski, who reportedly has educated this council on the problems posed to Ludington by Enbridge's Line 5, has told us not only the untrue assertion that local retailers were unlawfully selling lead pipes, but made the contrary claim that there were no lead pipes in our water system.   

I have documented several lead pipes unearthed from the Fourth Ward in our current work on the water system that were attached to the water main and part of the city water system.  Why can't our city make a resolution to replace as many as possible of these hidden killers hiding underground and only accessible by the city? 

The unregulated massive raw sewage leaks and the lead pipes demand a resolute city hall looking out for the health and safety of our citizens, yet all we get is a meaningless resolution about a safe and highly regulated pipeline hundreds of miles away.  It might be funny if our kids weren't paying the price for it.  Thank you for nothing."

Plucky Tom Tyron followed me and put an extra exclamation mark on my point, saying among other things:  "For you folks to oppose a pipeline is ridiculous when you got miles and miles of pipelines running under our city, brine lines, natural gas lines, that could break anytime." 

Tyron would finish with a few common-sense notions about the proposed road diet for Ludington Avenue, before Ray Madsen closed out the comments with a few reasoned words about why the road diet would be beneficial.  At the end of the meeting, there would be some discussion over the proposal to reduce Ludington Avenue down from five lanes to three in the downtown area and beyond, before they sent the issue to MDOT for further study of traffic volume and other concerns.

But there would be no discussions of the pipes under Ludington that have failed and will fail other than by the Smiths, me, and Tom Tyron.  The so-called environmentalists outside of Ludington and the city council would focus only on a distant pipeline and symbolism.  And an unlikely member of the council stepped forward to moderate the fervor.

All Hands on Deck

At 42:20 into the video, 'Local Captain' for the region Lorrie Dykstra arose once again to update the council of the All Hands on Deck event to be held at Stearn's Beach on the morning of July 3.  Groups are to gather at Great Lakes beaches and link hands as if to 'hug' the lake, and the goal is to get as much of the lake encircled as possible, to show symbolic appreciation of the lakes. 

In her introduction of the feel-good exercise, Dykstra had informed the council that they already received approval from the city to do this, even though it never came before the council, and that they hoped some from the city could speak at the event.  While she was talking, I couldn't help but wonder how her group had got approval from the city for an event in the middle of summer, effectively creating a wall of people on the beach, when the city wanted to put me through a gigantic bureaucratic ordeal for a simple campfire campaign giveaway just last fall.  The city manager addressed his pre-approval before the question could be raised.

John Shay: Technically they are just using the park for something that falls within my authority to do... some things we take to the council that involves a lot of resources.

Councilor Mike Krauch: So this has been brought as a special event registration, and it wasn't brought to the Parks Committee

Shay: No, for what we consider 'minor', in nature, special events, especially if you look at the special event application, they're just paying the fee, they're not looking for any services or anything like that. The city code does allow the manager to approve those kinds of uses for a park permit. Depending on any kind of event at the park, can come under the manager's approval. We've had a practice in place for either larger events or those that take quite a bit of city resources, we've brought those before the council.

Krauch: I appreciate that, I'll be very honest, this feels like a political event to me, there's political overtones. Mr. Rotta, came to council last year to do a political event at Stearn's Beach, and we said no.

Shay: No, we didn't say no, that's inaccurate

Krauch: "We didn't approve it."

Shay: No, that's not accurate either. He withdrew his request; we asked him to follow the same process we did that the CVB went through on those bonfires, and the CVB involved firefighting resources, as well as DPW resources, that one we used our discretion and brought it to the committee. We asked him to go through the same exact process; he did not want to meet with the committee, he made it very clear."

To quote Shay, "that's not accurate either". The record shows I did not ask for any city resources, I did go to the committee meeting, and the record shows the CVB always received approval after their initial request for multiple bonfires well before three weeks passed, they would give me no answer until 5 weeks at earliest, and that decision was strictly John Shay's to make, as he made clear in the record. Last April the CVB  held a special bonfire within one week after it was suggested, brought in front of the council, and approved.

And eventually, Krauch would state for the record that he thought the event was too political and voted against it. Brandy Henderson brought up the logistical point, backed by Krauch, that the line would impede the normal beach goers from enjoying their beach activities.  Beyond their suggestions nothing was voted on since John Shay used his discretion to approve it without a Parks Committee meeting or council approval.  Just an update.

The All Hands on Deck event strives to be a non-partisan event, but even Krauch noticed that there is just too many links to causes that are liberal in nature, and that the main organizers, Lorrie Dykstra included, are using style-over-substance demonstrations that are absent from most conservative rallies.  If you think otherwise, go to the event with your "Make America Great Again" baseball hat, and a T-shirt saying "Slash funding for the Great Lakes Restoration Initiative."

Line 5 Pipeline

A 1:17:15 in, Kathy Winczewski (AKA Councilor Katie Moonbeam) read the resolution for opposing Enbridges Line 5 while Shay cued up the overhead projector for a presentation.  A video made by Michigan University showed what a leak might do to the straits area over a period of 20 days:

The power point continued with Moonbeam discussing the difficulties of certain hypothetical situations, how Enbridge has an alternate route, how other communities have opposed the pipeline, and a plea to be the 68th government unit to oppose the line.

Councilor Castonia made the point that the news reported that the straits portion of the pipeline had passed a pressure test with flying colors just that weekend.  "Yes they did", replied Moonbeam, "and the study was done by Enbridge (chuckling)."

The Detroit News reported that Enbridge's pressure test is "being overseen by the federal pipeline safety agency, state officials, the Department of Justice and an independent contractor hired by the U.S. Environmental Protection Agency."

Then Councilor Krauch once again interjected himself:  "I saw this in the packet, I didn't have any information prior to that and I frankly haven't had the opportunity to investigate/research both sides of this issue." Then worked to "[is it] really appropriate for this unit of government to weigh in on this topic." He then suggested tabling the motion, even after being informed the public safety/utilities committee passed it 3-0, because of other councilors not getting the opportunity to review the issue. He made a motion to table and it was seconded by Councilor Henderson.

Moonbeam then stated: "I sent material to the city councilors to look at that information for those of you who were not on the committee, I did send you, or took to your house, a packet of some information that had websites and other stuff on it. I also invited all of you and many of the government entities on the county to a speaker that came... and a few of us came to that speaker."

If what she was saying was accurate, she is treading on dangerous ground of violating the Open Meetings Act, which states that when a quorum of a public body comes together (in cyberspace or the real world) to deliberate on matters of public policy, they need to notice and conduct the meeting under special rules so as to include the interested public in these discussions. 

Brandy Henderson made an extra case for OMA violations when she said that:  "I sat in on the public safety meeting, when this topic was discussed, and was in favor of putting it on the agenda for tonight."  Henderson is not a member of the committee, so that her statement says this meeting not only contained four members (a quorum) of the council, but she was actually involved in the decision, if not the deliberation.  After that admission, she did cede Krauch's point and voted with him in a failed attempt to table the motion.

But not before Councilor Castonia made a 'silly' comment:  "...this [line 5] is going under a body of water, which I don't think any pipeline should go under a body of water where it could explode..."  Does he not realize that the pipeline and its alternate route goes under dozens of rivers and streams, and if not, over them, where they can similarly 'explode'?

Once the original motion made it back to the floor, Krauch wanted to abstain because he did not have enough information, but was told he couldn't by the mayor.  With the City Attorney remaining mum, the vote went on to pass the resolution with Krauch voting 'no' rather than abstaining.  Nothing in Ludington's available rules says otherwise but Robert's rules of order clearly allow somebody to abstain from a vote as a matter of right.

 

But this again, is Ludington, where five Ludington citizens get up in public comment to either want the city to resolve its own environmental issues or consider the Line 5 issue's other considerations, and six non-citizens get up to involve the City of Ludington into what many would consider a partisan position that most of its citizens would not support, if they were fully 'educated' by both sides of the issue.  

Where groups who desire access to the beach are treated unfairly compared to those who are properly connected, and where Open Meetings Act violations are admitted to by the very officers who participated in doing them, without fear of reprisal.  It's too bad nobody can make a resolution in opposition to the sick political environment we have on display, leaking vitriol on our community and keeping it from reaching its full potential.

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Great report X... again.

Thanks also for enabling me to acknowledge that I'm alive by raising my blood pressure.

AFFEW is a worthless group, that refuses to address real issues here.

Kudos to Brandy and (reluctantly) Krauch for sticking up to the pointless resolution (and sticking up for you...actually)

So irritating of how this group speaks and how the city follows.

You should follow up with the Smiths about their water and if city actually "gets back" with them.

Thanks/your welcome for your glowing reviews Brad and Verdad, they make me feel the opposite of mad and sad, egad.  Exit Dr. Seuss mode. 

Unlike other local media outlets, I try whenever possible to include as much information as possible when presenting a report, so that readers who may not agree totally with my bias or my analysis (and every reporter has some sort of bias when they reduce a two hour meeting down to a few paragraphs) can gauge its degree of accuracy using their own personal closet of biases. 

I really don't see anything in AFFEW's history to see them rocking the boat over genuine environmental issues in the city or the county.  It seems to be just a bunch of 'progressive' individuals getting together to figure out symbolic ways to show they care about the environment more than you.  They pick up trash at the beach a handful of times each year, they plant and pull petunias around the city marina, they advocate for people to recycle batteries and give their hazardous household waste materials to the MCRC. 

If they do more, I would like to hear about it.  If they really want to make a difference, they have to start taking action against those who ruin our environment.  Start with John Shay for his bypass pumping raw sewage directly into PM Lake in 2012 and his general failure to notify state and county agencies of the significant spill.

two way dialog , was someone actually listening to the public?  something smells fishy.

Don't be worried, the only two-way communications was the mayor saying that a city utility agent was going to look into the issue and get back with them, and offering to take contact information after the meeting. 

This is city-speak for 'we don't want to address that issue at any point in this meeting, and hopefully we can invent a plausible explanation to explain your gritty, cloudy water so you don't bring this up ever again here.'

Wow, a 2 hour city council mtg., never remember one that long, but X may. Add to that the fact that 75% of that time was wasted with non-sense and stuff that has nothing to do with Ludington, but a pipeline 200 miles away, and other outside distractions away from our local problems here. I thought it strange, and rather unbelievable that 1) Nancy Smith and daughter's comments lasted 5 min.3 seconds, instead of 3 minutes allowed, and 2) that Mayor Holman actually commented back to them during the mtg.. Moonbeam Cathy certainly wasn't happy with her AFFEW and friends issues being tabled by Krauch and Henderson either, looked like it lit her up. And, I don't see any reason why that issue has some kind of timeline now immediately on it, it's been going on 64 years since it's been active and spill free. And that issue is strictly the business, legally, of the State, Feds., and areas where the line is located, not over here. Then Stearns Park is the only place to have that All Hands On Deck circus? And on July 3rd? Wth is Lorrie and the Shyster thinking, Krauch is right, it's a political type event in disguise, and no one gets to vote on it either! Fishy at best! There is no place or date worse for that this summer, plain as daylight. People are now ready for a July 4th celebration of unity, and this overtone isn't accomplishing that, and will put Ludington on some peoples' NOT TO GO PLACE next year imho. Did Riggs ever say exactly what size his proposed signage would be, and why at the concession stands too? Finally, yes, X, another fine job, and I hope you also do follow-up with the Smith's on their water quality problems.

I've tried to follow up, I've checked that area three times this last week in my regular forays into the Fourth Ward, have seen the property with some improvements on the outside.  They have fixed the driveway, but it looks like an amateur job, and the pipe is still sticking up.  I have tried to contact them on-line, but it was a bother finding them, thanks to the 'Smith' surname and the dozen or so different ways to spell Kaitlyn.  Awaiting a response.

All Hands on Deck makes a great effort to make itself non-partisan, but the active elements in the movement seem to bear a remarkable resemblance to the Line 5 movement, but AFFEW's calendar indicates that it is partisan:

Increased government legislation, government regulation, and government funding sounds like big government liberalism/progressivism.  It is antithetical to Donald Trump's attempts at reducing regulations and reducing inefficient funding of Great Lakes programs.  Let us not forget, our EPA almost ran our beloved SS Badger out of business because of these same government intelligentsia thinking one ship dumping coal ash out in the middle of Lake Michigan was the worst thing ever.  Now it all gets collected big semis take it out and put it in a landfill where it gets concentrated and can really do some ecological damage if the landfill fails; can somebody explain to me how that's any better and back it up with science? 

But than again , I do remember a two way communication  years ago when the then mayor told me to shut up and set down. 

Anyone notice how Shyster Shay came unglued on Councilor Krauch? Twice in a row? He has the shortest fuse when anyone questions his decisions or actions of any city mgr. we've ever had, and yet, he gets re-appointed year after year, sad, and disgusting imho.

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