Ludington City Council June 26, 2017 Meeting: A Council Diminished Thrice

[XLFD]

A sparse agenda for the latest Ludington City Council meeting seems to have accentuated three incidents where the council looked ineffectual and foolish in a period of just 41 minutes.  It all started off promising.

At the top of the meeting, LPD Chief Mark Barnett introduced two new members of the police force (3:30 into the video), this was followed by 8 year old Sawyer Hendrickson (5:35) telling the council about the Scouts for Soldiers program, and recognizing her older brother in the forces and their awards from President Trump.  This diminutive young lady has spoken on at least three other occasions and stands an excellent chance of breaking my record of making public comments at Ludington city council meetings-- someday in the future. 

The only real business tonight was to elect a new Fifth Ward Councilor and to approve a zoning change for a multi-parcel three story four-unit housing development taking place on the 200 block of South Rath, to allow first floor residential uses.  They passed the latter unanimously without issue, but the former took place and was the third incident which the council miffed this night.

The first chronologically was an issue I have already brought forth before without any reasonable response from city officials, Spence Riggs ethical impropriety as a city official.  Tonight would be no different, my first comment began at (11:15), it was continued during the second public comment period (28:20).   

June 26th, 2017 Ludington City Council meeting from Mason County District Library on Vimeo.

Incident 1:  Spence Riggs Conflicts of Interest Not Addressed 

XLFD:  "My compliments to the three candidates for the Fifth Ward seats, you all interviewed well at the special meeting and whoever is chosen will bring a potentially positive set of abilities to set our city back on the proper track.  One of the first issues you must decide is whether the city and one of its officers has acted appropriately in their conduct. 

As noted in the minutes this council is set to approve, I brought to the forefront several lapses of ethical conduct that Planning Commissioner Spence Riggs has committed in drafting public legislation, voting on that legislation as a Planning Commissioner, advocating in this forum for that legislation on behalf of the commission, all while keeping his private financial benefit that he would achieve with that legislation a secret from the public. 

Since passage of that legislation, Riggs has actually cashed in on the change of the law, while also avoiding going through the legal process to split his property.  According to the minutes of the last meeting, John Shay, in defense of Riggs' corrupt activities, erroneously said that before this 2017 ordinance, you could build houses on 50' wide lots. 

That totally contradicts his memo to this council on February 27th which said it would allow the construction of houses on lots less than 60 ft. wide, noting these lots are currently unbuildable.  The Community Development Director echoed that insight during the same meeting.  Councilor Winczewski, who also serves on the Planning Commission, verified that 50’ lots could not have homes built on them before she voted for it at the next meeting. 

Shay lied about this at the last meeting in order to defend Spence Riggs, who also serves as the Mason County Growth Alliance Director.  John Shay is a board member of that group, so his false reporting of the record in defense of Riggs may be motivated by more than his duty as a city officer to do what's right for the city.  It is unseemly that a city manager has to fabricate a story to cover up the ethical and lawful failings of a city officer, who is bound by city and state law to express conflicts of interests in his votes and deliberations and have them entered into the minutes.

Section 1200:2:8 of the city code says failure of a planning commissioner to disclose a potential conflict of interest constitutes a malfeasance in office.  It also says:  The City Council may remove a member of the Planning Commission for malfeasance in office upon written charges and after a public hearing.  The February Planning Commission meeting is on video, it clearly shows Riggs advocating for and then voting on sending the ordinance he helped write to the council.  This change of law would greatly increase the value of his property.  How can you say this is not malfeasance without lying about what the record says?"

Second Comment:

As for Riggs' lot split, this council developed the procedure for splitting lots back in 2010, with the minutes reflecting the following:  Councilor Engblade summarized the ordinance which would allow a lot to be split if it meets specific criteria, including that each lot complies with the Building Code and the Zoning Ordinance’s setback and other size requirements for a lot, and assurances that each lot has its own water and sewer connections. The applicant would submit the application to the Zoning Administrator and then to the Planning Commission prior to being approved or disapproved by the City Council. His Honor Mayor Henderson stated that this ordinance is not specifically for the Elks’ Lodge which has recently made a request to split their property, but that it is to update the City’s Zoning Ordinance to allow lot splitting anywhere in the City. Councilor Holman explained that this ordinance did come before the Planning Commission and they also approved it."

In defense of Riggs, John Shay said at the last meeting that the lot of record, a 150' wide parcel could be split without this process because long ago it had been three lots before it was combined into one.  But neither a city assessor, nor a city manager, has the power to split them back on a whim, the law made in 2010 gives those powers to this city council, via the zoning administrator and planning commission.  It mandates several conditions which weren’t followed, including water and sewer connections. 

If multiple officials allow Spence Riggs to bypass this process, because of his position or because of his connections it would signal that once again, city officials are looking the other way while Riggs cashes in on his public service, just like Kathy MacLean has in the past when she has fraudulently applied for state grants.  Will the new councilor come forth [Two minutes were up, it would have finished:] and have the backbone to insure the public that this body will deal effectively with corruption when it occurs?  [End of Comment] 

There are some serious allegations like the city manager lying about something he should have known the truth about and a Planning Commissioner going through a series of willful acts in order to benefit himself financially from his public service (see Take Offense at City's Defense of Spence and its links to get the full parameters of the offenses). 

But they ignored both of these easily-verified issues, much like the other local media that was there, and the city attorney and city manager bantered beginning at the 37:50 mark about the differences between lots and parcels instead, using their usual legerdemain tactics. 

"The 'lot', and I will put air quotes around "lot", of Mr. Riggs, consisted of three platted lots, in legal jargon, and tax jargon, that is generally considered a "parcel".  The word "lot" has a defined legal meaning as a lot in a recorded subdivision plat", said City Attorney Richard Wilson.  "If you have a 'parcel' that has three lots in it, you can split the parcel into those three lots without going through the 2010 ordinance."  Shay and Wilson then bantered between themselves about parcels and lots, before dropping the subject, after Shay commented that this was his same point 2 weeks prior.

And it was, but then two weeks ago, I used actual city zoning code definitions and sections to show that their definitions were incorrect by noting:  According to definitions of the Ludington's Zoning Code they have defined:

There is no legal definition for 'parcel' in the zoning code, but the dictionaries I have reviewed have shown the term defined as 'a tract or plot of land' and to be synonymous with 'lot'  Attorney Wilson's legal reasoning does not hold true, which is exactly why he didn't resort to zoning code or zoning definitions.  Despite this, they leave off any defense of the allegation that the city manager lied, or that Spence Riggs actions were a malfeasance of office, and the reason why is simple.  It's verifiably true. 

The city council which I had appealed to address the issues, remained totally out of the discussion, while the mayor occupied the "Amen corner" for the unsupported statements of the city attorney.  This illustrates that the city council has no interest in resolving issues of dishonesty and malfeasance of the officers they appoint to work for the people.  That's disgraceful.

Incident 2:  Lyla McClelland's frustrations with council's partisan decision

At 26:00 in Lyla McClelland, a frequent attendee of meetings who usually gets up to praise the city for doing something right, went the other way.  Her comment during the 'open' period was reprinted on page 3 of the City of Ludington Daily News (COLDNews). 

Summarizing, she reminded them she agrees with over 99% of their decisions and that the council was non-partisan, before accusing Councilor Kathy (Moonbeam) Winczewski of using her public position to support her private organization (AFFEW).  "You used your council seat to promote a personal conviction."

Then she trained her focus to John Shay regarding the "All Hands on Deck" event:  "You may have the authority to do this, Mr. John Shay, but that doesn't make it a wise decision."

This was an incredibly bold and unexpected statement by McClelland, who herself is (for now at least) a member of the Board of Review, and thus a city official.  As related by the COLDNews, Councilor Moonbeam said:  "she feels she did the right thing and said 'we should take the oil out of the lake'.  She feels it is an accident waiting to happen and she would instead like her grandchildren to be able to swim in the Great Lakes". 

As noted in the University of Michigan's 'worst case scenario', a spill from this pipeline would not affect the waters around Ludington nor over 90% of the rest of Lake Michigan.  If Moonbeam wants to get oil and gas out of the lake, why isn't she railing against all the marinas around Ludington, including the city marina, that puts thousands of gallons of oil and gas in motors out on the lake every day?  Why wasn't she picketing the SS Badger when they were dumping tons of coal ash slurry in the lake each day or praising them when they stopped? 

Like my concerns, the council and other officers never bothered to address Lyla's issues brought forth during the meeting, which was unexpected, since you usually can't make Councilor Katie Moonbeam speechless for long.  This statement should not have been ignored, and once again, showed an apathetic and pathetic city council.

Ms. McClelland's concern of a public official using her public position to promote a private cause was eerily similar to the problems brought forth in the first incident.  It is refreshing to see a public official in Ludington break the code of silence when they see other officials behaving badly.  Thank her for her candor the next time you run into her.

Incident 3:  The 'election' of a councilor.

Not surprisingly, our city attorney made another error regarding legal issues at this meeting.  He would interrupt the meeting at 19:30 to explain that when they voted for the 5th ward councilor they would need to have all four of the present councilors vote unanimously for a candidate in order to get a "majority vote" as explained in Sec. 5.2 of the city charter. 

But he was in err, as a "majority vote" is defined as "more than half of the votes cast" in every reference source I can find.  Therefore, only three votes were needed to be achieved by one candidate, and if two candidates had two votes each, then the mayor had the power to break the tie with a fifth 'vote'.  

Thankfully, this didn't come to play as Candidate Cain received two votes from Johnson and Moonbeam, Miller received Henderson's vote, and Shaw received Rathsack's vote.  With no indication that two or three councilors would change their vote, they decided to hold a special meeting later on in the week to select the councilor, when they could have more councilors present.  If you noticed, the charter mandates the city to choose within a month after the office is vacated.

Misinterpreting the law by the city attorney was bad enough, but the council (and all other officials present) showed how ineffectual and directionless they were by not deliberating about when would be the best time to hold a special meeting, and coming to a decision at this meeting.  Rather, they made that important decision on when to meet outside of this open meeting, where they should be making all of their major decisions in the first place.  That decision was made the next day for a 2 PM meeting on Thursday.  That sure seems like an inconvenient time for most.  

These three incidents in a short meeting shows why this council needs an overhaul.  They are unresponsive to concerns.  They accept one Manistee man's skewed and unsupported perceptions of law as gospel simply because he's an attorney.  They refuse to communicate with the public directly over matters of public concern, preferring secret conferences and communications.  Will one appointed councilor (all of whom seem to be willing to proceed with most of the status quo) be able to change this self-diminished council, even if he wants to?

[XLFD]

I'll pass that message along to Tom...

With Councilor Krauch's minor rebellion at the previous meeting, Brandy Henderson's commitment to openness, and Lyla McClellan's strong talk at this meeting, perhaps there's some hope in the future for a roused city council that is more accountable and customer-oriented than in the past-- and the present meeting.

Today a chance encounter at Meijer's also left me feeling hopeful and pleased.  At the January 9th meeting this year, Captain Gary Lange of the LFD (and Fourth Ward) retired and was given several commendations by the city.  At the beginning of the meeting, I offered the usual critique of the city's public policy, before finishing off with a modest tribute to Captain Lange, who was a very inspirational figure to me during my years with the LFD. 

Anyhow, we found ourselves together after I went around an aisle, and my former superior talked to me, graciously thanking me for what I said about him at the meeting.  That meant a lot to me since I know I have often been an object of scorn by Chief Funk for going 'rogue' in criticizing his superiors and their corrupt acts over the last ten years.  Both Lange and Funk were always very loyal to their superiors and their duties as fire officers, so the kind words of former Captain Lange made my day-- as if yours hadn't already.

[jfc123]

Verdad, when you speak own your words and can back them! I am not there all of the time but if you do speak my mom would go to support you!

[XLFD]

No probs, Verdad, but always go by the presumption that anybody who posts here under a pseudonym would also like to be addressed by that alias.  With me, it's generally no biggie since I give my Christian name and address at all city council meetings, then publish the video at least once in recapping the event.  Anybody that doesn't know that XLFD or Xavier Luft (my Facebook alias) is... me, is surely not paying much attention to city politics.

I would second jfc123's statement in that it is a lot safer to go to these meetings in 'support' groups.  It can be emotionally difficult to see all those officials ignore your issue or otherwise insult your intelligence by dismissively telling you hokey reasons why they won't address it after you have the ability to speak. 

The city has developed a one-way communication addiction, and I would be remiss to say that I'm a big part of the cause of why they developed this defense mechanism. 

[jfc123]

With the well spoke people X is getting involved here as spoken members I think we here are becoming a group that has a true voice that they are very nervous about. Then add a FB group that X said don't say here the voice is almost shouting. Strength is in numbers!!

[XLFD]

To be precise, the current scandal involves a planning commissioner not a city councilor; however, prior scandals involving ex-Councilor Nick Tykoski, and current councilor Les Johnson involve them making out for hundreds, thousands and tens of thousands of dollars of public funds filtering to their respective private businesses without any sort of competitive bidding processes or mention in the public meetings or public minutes. 

This is a true culture of corruption, a mindset among Ludington politicians that allows them to take money donated to poor kids at Christmas and lose it in the city's general fund (if it's not otherwise stolen), then try to sweep the issue under the Christmas tree skirt.

[XLFD]

 I tried to help you and others remember Spence's office by penning the " 'Missioner Riggs he..." song aping a once-popular tune you may remember.  I appreciate your picking up as much things as you do, IHAN, since these officials are not robbing from serving you.

[Willy]

Another excellent report X.

[AQUAMAN]

Well, maybe a short mtg. but not without more BS and unethical conduct all over the place. A very critical date this night, to attend and legally appoint, per our city charter, a 5th Ward appointee. Yet, councilors Castonia and Krauch don't seem to agree, and miss the mtg. entirely. Are they in the hospital sick, or on their deathbed? I really doubt it or it surely would have been revealed. And Wilson casually says it can be done in July, instead of the deadline of 6/30/17, which means in effect, he doesn't think much of our city charter/constitution either, annoying and confusing at best. The comment of Lyla McClelland is also noteworthy, against the continuing unethical and political conduct of Moonbeam and Shyster Shay at the last mtg. regarding a political vote for AFFEW and the Stearns Park hand hold ceremony that should both be a non-issue by our city council. And, while it's okay with me, the council again made 3 minute comment rules non-binding for a youngster that was again praising the city for (4 min. 50 sec.) their support of their program. Yet, when McClelland and X approached their time limit, and the gong/timer sounded, Holman immediately stopped their continued comments opposing the council for previous actions. Finally, two more LPD officers? Not locals either, again. Yes, and what's the count now on the books for LPD, about 40 officers in this ghost town except for summer months? Over a $2 Million budget and still adding to the costs that taxpayers bear, and no end in sight, while 50% of the entire budget is wasted in more police, sad, and disgusting. 

[XLFD]

Thanks Willy, and thanks for your poignant critique as well, Aquaman.

I hadn't noticed Sawyer being given an open-ended time limit at the beginning, I had noticed it was over something that wasn't on the agenda, even implicitly.  I may have to get together with her mother as to have Sawyer read one of my comments that run a little long and are over something not explicitly on the agenda. 

When this cute-bomb tells them how they've broken the city charter or violated a host of ethical conduct concerns in a five minute burst, would the mayor gong her at three minutes or before for going off the topics they want to hear about?  Sawyer and her group deserve the attention, they are making a difference for the better, but then again, and I may be biased, I am too, and so is Lyla, Bill Carpenter, Tom Tyron, and others who come before the council and constructively criticize the public policies and behaviors of our public officials.

[stump]

X and McClelland  didn't bring them cookies.  LOL

[XLFD]

LOL.  And nobody at this meeting brought them any Ludington water to wash down the cookies with either.