Ludington City Council Meeting, April 9, 2018: The Beating and the Meeting

The Special Wednesday Meeting of the Ludington City Council 

Sorry for those who wait for my more timely articles on the Ludington City Council meeting, but this week featured a court hearing on Wednesday afternoon regarding my FOIA lawsuit seeking relief from FOIA fees that the City of Ludington (COL) charged me for the Baby Kate abduction police report.  

After Judge Peter J. Wadel heard the arguments, asked cogent questions and applied the law as he interpreted it, this pumpkin received an overall favorable result from the court, which determined that more fact-finding was necessary and that a formal trial was necessary to determine a better understanding of the factual issues, which the judge indicated was leaning significantly towards my favor in the second count.  

This was quite a relief since our hearing took well over an hour and was attended by no less than the mayor, the current city manager, and Councilors Winczewski, Johnson, and Cain in the cheap seats.  This was a hearing strictly on legal issues, their presence was not necessary, and you wonder why John Shay has nothing better to do when receiving $70 per hour. 

My legal points were probably lost on the audience, but they impressed the judge enough to suggest the option of settlement and to host the City's attorney,Allan Vander Laan from the GR firm of Cummings, McClorey, Davis & Acho PLC and myself in his chambers to hatch a deal that the city council will likely consider at their next meeting.  

If you recall they had the option to settle this lawsuit at a previous meeting where I had offered a little over $500 as my figure.  That figure effectively was just the amount I had used up to that time to prosecute the case in real expenses.  It was a generous offer, since I knew I had the winning arguments, I just didn't have the fancy attorney, law firm, prestige, or power that the City of Ludington had.   But they had John Shay tell Mr. Vander Laan "no".

It's a shame they didn't take that offer, for the cost of Attorney Vander Laan just travelling from Grand Rapids to Ludington Wednesday is about the same amount of cash.  The nearly two hours he spent in court and his trip home, tripled that, just for Wednesday.  This doesn't count the hours he put in research and writing quality legal briefs since the city council went against his inclination to settle the matter after he asked me for my terms.  

In clear view of five of the City's most FOIA-unfriendly officials, a local judge has weighed the facts and found the City's position wanting and their fee impositions imposing, despite all of those extra thousands of dollars they just wasted to get their ultimately losing argument in front of the court.  The money they will give me to settle will be icing on the cake, the exoneration of transparency and fairness at court was priceless.  It was also mentally exhausting.

The Not-so-special Monday Meeting of the Ludington City Council

As noted in the Tyranny Team article, there was a lot of people at the April 9, 2018 Ludington City Council meeting.  While some of them may have come for the announcement that the City was borrowing $1.2 million for the future fire station on Tinkham which city leaders likely clued them in on, there were others, and many had their own reasons for being there that night.  

Here's a quick list of stuff that was approved with no controversy or of limited interest:

$998,000 paid out in the three week period was approved in paying-of-the-bills

Fire station bond resolution approved for $1.2 million at 3.25% for 40 years.

Assessor services contract approved for Brent Bosley $34,200 + $150/month

Debt service fee (for House of Flavors) to reflect extra cost of sewer upgrades

Trash collection amendment, where city pays for condo dumpsters to offset the fact that they already pay the trash collection millage and currently also pays for the dumpsters

Minor change in WTP work requiring $30,000 change order

February LPD report approved, Jan/Feb Zoning report approved

First reading of minimal 4 rooms for a Boutique Hotel classification in Zoning

Approve three Jazz Brunches this summer at the Center for the Arts (LACA)

Relay for Life approval, with the notice that the event would only be noon to midnight rather than 24 hours

Approve Ludington Athletics Booster Club 5K charity run course on May 12 to replace the fundraising golf outing

Resolution to support the Ludington State Park's DNR grant application to improve the Skyline Trail

See more here.  With the mostly uncontroversial topics, only one person other than the Relay for Life representative explaining the time reduction of the event commented at the front of the meeting.  It was me at the 2:50 mark and I have transcribed it and added appropriate links for those not fully acquainted with the lessons of history.

April 10th, 2018 Ludington City Council meeting from Mason County District Library on Vimeo.

XLFD:  "Before you approve last meeting's minutes, you might want to consider what is in it. It ends with "Councilor Winczewski commented that civil discussion and discourse are always welcome at council meetings, but she addressed Tom Rotta and stated that direct personal attacks are not welcome and asked Tom Rotta to think about this."


In these same minutes you will undoubtedly approve, my two comments are summarized without any reference to any city official. Future generations will look at these minutes, and the minutes of preceding meetings and wonder where are those directed personal attacks that I am always accused of. Why did a councilor, at the end of a meeting where she couldn't be properly refuted make that case in trying to publicly shame an outspoken critic of the city's lack of efficiency and ethics?

They may also find a June 26, 2013 meeting minutes, where John Shay first explained poorly why my federal lawsuit against him and the City for violating several of my constitutionally protected rights wasn't lost, because the City settled for a payment of $15,000 to me to dismiss the case. But then the minutes record him saying three very specific creepy acts that he ascribes to me, some based on hearsay, and none factual.


Nobody publicly said he should think about what he said, it was pure slander to cover up the fact that he had just cost the City tens of thousands of dollars in legal fees and wanted to save face.


Now Councilor Winczewski was not with the council at that point, but since she has been here, I have experienced other direct personal attacks made by city officials, uttered so bravely at the end of city council meetings when the reputational fraud cannot be refuted.


When I pointed out discrepancies in the Shop with a cop programs funds, Chief Barnett said I was throwing rocks at people, punishing good people, making 'crappy' comments that made people cower in fear, smearing dirt on police, and more. He said even more at two other well-covered smears over the years, to the applause of several officials.  Councilor Les Johnson noted at the end of an August 2016 meeting when I was running for his seat: "if or when he defeats me, he should feel right at home up here if, if he considers us all crooks and corrupt. I think he'll fit in very well."


While the mayor couldn't suppress her laughter, Councilor Winczewski remained silent. At this last meeting, Councilor Cain said I made wild accusations when I only pointed out what DNR policy and rules clearly stated. So thank you Kathy, I did think about your statements from last meeting, and I totally agree that personal attacks should not be allowed here. Will you please step up and call them out when your peers make them?  Thank you. [END]

They went the rest of the meeting without a personal attack on anybody, so I thank them.  The real test will come at the next meeting when they have to explain to the public why they are settling this matter and need to resort to the usual spinning and character assassinating tactics on their nemesis that has the audacity to challenge their illegalities.  

One other citizen-created controversy came into play during the second comment period.  City of Ludington Daily News (COLDNews) Managing Editor Patti Klevorn said goodbye to the city officials as she becomes a footnote to the local paper, which segued nicely to a complaint lodged by the couple that sat next to me.  They brought their concerns to the council and police chief about the density of registered sex offenders at Carr Manor, due to the incendiary article recently posted in the COLDNews.  

I feel sorry that many in our society are unaware of why this is a frequent occurrence, and not necessarily a bad thing.  Shortly after they spoke, Police Chief Mark Barnett gave a measured and appropriate response in addressing the issue honestly.  Maybe my 'invocation' at the beginning of the meeting hit home for him. 

One thing that happened during the meeting that was somewhat controversial was the City Marina giving its annual report.  Recall that at the last meeting I maintained that the City of Ludington's marina had a vastly unfair advantage over their privately ran counterparts.  At this meeting, I wanted to hear the marina report and see whether they had a hint of remorse in having such advantages and still needing to get subsidized by their wet nurses in the DNR's Waterways Department. 

I saw little, I did notice they finally admitted to applying for a Waterways grant, something the city council and manager never divulged to the public.  As expected, the report matter-of-factly treated the City's berthing of charter boats as something ordinary, and not against the rules that the Waterways Commission set for the marina, before the City leadership decided to break the rules and their original covenant with the private marina owners.

Marina manager Jim Christiansen's report is worth listening to at the top of the meeting, but so is my criticism of the City's transparency and concept of fairness near the end of the meeting (57:50 in).

XLFD:  "Since last meeting, I have learned that the City's amended recreation plan requiring a public hearing went not for DNR Trust Fund Grants, but rather a Waterways Program Grant. Waterways grants appear to not require public hearings until after the DNR has decided to grant them. Despite multiple opportunities at open meetings of this city council, our city leaders never divulged the nature and name of the grant that they were applying for, even though the City's matching funds required would be $362,000.  The marina manager to his credit said this tonight.


If our city leaders valued transparency, this should have been divulged at some point on the city website, at an open public meeting, or through the local media. At the very least, the application for this specific grant should have come before the city council as an agenda item for their approval and for their official naming of a designated representative. Is it necessary by law? That is unclear, but many other lakeside communities have done that step in preparation for application of Waterways Program Grants, and let’s not forget, the city budget is committing and funding $362,000 for this project.


As I have noted at the last meeting, it is unseemly and against free market principles for the city marina to get hundreds of thousands of dollars of subsidization by the State and blithely think that it is competing fairly with private companies offering the same service. Thank you.[END]"

The end of the meeting featured the unexpected news that Mayor Holman would not run for mayor this year citing some nagging health issues.  I wish her health and wish that when she does get back into the cheap seats that she remembers that she does not have to toe the official line anymore.

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A tiny thorn in a lion's foot is all it takes to take a lion down. These frauds are buckling at their knees. The bigger they are the harder they will fall, and there is no doubt the tide they are wading in will sweep them  all out to sea. I applaud your relentless punches of truth,facts, and results. Good Job X

Si!  Vaya con Dios! X.

Excellent work X and congratulations on your court victory. I'm glad you put that group of adult/children in their place by exposing their radical biased toward anyone who disagrees with them. You should have added that since Klevorn was leaving the  City  still has a voice [really the only one] where the peoples interests come first, that of course is the Torch.

Love the caricatures, Willy. Almost realistic. Do I see someone's hand around another's waist?

Could the Mayors health problems be caused by the lead tainted city  water she drank at a council meeting awhile back ?

Thanks again X for posting this mtg. and your valuable comments. As for Jim Christianson's statements on the city marina, I again witness his contradictions that don't make sense at times. And for the Four Phase Project of dock replacements, at $500-600K per phase, that's $2 to $2-1/2 Million total over a four year span. That's not chicken feed, nor is the independent marina account of operating revenues and expenses going to pay for it. And he still continues to state that the city marina pays all it's own expenses? HOW? With grant monies included? That alone bespeaks of the falsehood of his facts. He also stated 86 out of 87 seasonal slips were rented. That's about 99%, not like many private marinas that are renting only 60-75% of theirs nowadays. He also stated they had 7 out of 8 charterboat docks rented last season. They did have up to 12 charters there, and all this commercial dockage was not allowed in 1980 when originally built and conditions were agreed to by both parties. How did that change over the years? Can't get a valid answer to that question from COL or DNR. WHY? If you also include out of over $700K in revenues they made a profit of $36K, that's about 5%. No going corporation would want that small of a profit, it's ridiculous to be in business if you can't make about 20%+ in profit, else you cease to exist. If they paid all the taxes like other private's, they would be losing money. He also stated when COL/DPW is used, they pay them separately. I'd like to see those cancelled checks if that is true, which I also don't believe. And Patti came into the picture at the 53:18 mark, and just to say she's moving on, and to compliment the council/Mayor. WHY? What did she have to do that for? I guess the only reason I can think of is just what X and many others have said over the years. She's in collusion/conspiratorial behavior with them, and has reported the news over many years in a very biased unfair unprofessional way is why. Holman also seems lost most of the time as Mayor, and now she's even putting in some offhand gestures with her hands and voice from the desks, not very professional to this day. Drinking from lead goosenecks surely doesn't help matters either healthwise.

Aquaman, thank you for the succinct perspective on the issue of the city marina taking business away from the private marina owners.  Though I am not personally affected. I know some who are and it's sad and frustrating.  You should file a class action lawsuit.  Not that I'd like to see Ludington lose money, but that they should rightfully abide by a contract and give the business back to the private owners.  

All good points Aquaman. Why is it we don't hear anything about grants and other B.S. funding being procured for replacing lead piping, cleaning out the contaminated bayou, installing sidewalks, repairing infrastructure, etc. The only things that are being showered with money are the wasteful spending on tourist attractions. Then add in the huge legal fees paid to attorneys to fight citizens who seek public records. Talk about an upside down Council. This bunch of stupes have nothing in common with the people that elected them.

Photographic evidence that John Shay and the LDN are very close... and in desperate need of cleaning.  They both deserve a good licking, like the city council has received in trying to constructively deny public records to the public.

Great observations, Aquaman, and mirrored by my first impressions of Klevorn and Christiansen.  The best point is the totally collegial attitude Patti uses in her address to the council.  You might think that somebody who has been the managing editor of the only local paper for years and an editor sometimes covering the council meetings before that (though rarely, she has been at a handful of the hundred plus meetings I have attended since 2011) would never claim that they were ever at odds, when it's the primary duty of journalists to report as a public body watchdog for their readers. 

Arguably over the last 10 years, the City of Ludington has committed a fair amount of questionable actions that has led most citizens to feel they are not transparent and otherwise just plain corrupt.  Check our archives.  The aptly named City of Ludington Daily News (COLDNews) has not only failed to report honestly on these issues, but laid the defense for those issues at the beck and call of city leaders.

This explains her comment:   "I started my career, 25 years ago as a city council beat reporter and at the end of this week I will be moving on to another career at Epworth; but I couldn't leave without coming back to say "Thank you, it's been a joy and a pleasure to write about the city for all these years.  It's a beautiful place of course because of all of our natural resources, but mostly because of all of you.  Thank you for all the hard work you do, for maintaining and making it a special place that it is."  I'm sure our paths will continue to cross in my new position, but I couldn't leave without saying you're appreciated because you don't hear it enough."

Pure sycophancy without all of the subservient bowing getting in the way.  In her swan song article announcing her career move, and in this comment, she fails to give any kudos to all the regular folks of the area, even those who have the faulty genetics that make them subscribe to the COLDNews.  Ludington is a beautiful place mostly because of those dozen officials in front of her has made it that way, according to our outgoing COLDNews managing editor.  Her position and the city's actions over her 25 years while she was at that position should tell you all you need to know.  

She will move to be a communications and marketing director for the Village of Epworth, after having the same unofficial title for the City of Ludington.  

And look at Patti again if you didn't notice it the first time. She's reading verbatum from her notes, it's not a honest statement to me then from her heart, as she would want the public to think. Her reporting was also frequently biased, esp. where it concerned the COL/CC members and their actions. And it's certainly not the Mayor/Council members that make Ludington the great place it is, and has been for years Patti, wake up. It's the locals that work hard and pay taxes that make Lud. a great place. We also have to put up with the few in public service that don't play by the rules, and simply exist for their own gratification and egotist ways.

Patti has become accustomed to the city leadership writing their news stories for her that she likely had them write her farewell speech and held her to saying it correctly, hence the attention to her notes.  I can attest that I was at the meeting and never saw John Shay's lips move while she spoke, nor seen any wires between the comment podium and his chair, so these are real professionals at what they do.

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