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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Klevorn is just kissing a_ses on her way out in case she needs any favors when she distorts Epworth's information that she will be in charge of. Does she even live in Ludington? There are just to many people who are immigrants to the area that have to much power and influence.

The city council voted unanimously and without discussion tonight to settle the FOIA lawsuit with me for $200.  Imported Fourth Ward Councilor Michael Krauch announced officially that he would not be running for his seat this fall.  Councilors quibble about protocols before barely passing to get their charter amendment proposal on the ballot to raise the city manager's contract from one to three years.  Great meeting tonight; me:  

So glad the city may be starting to realize that public information is public.

Congrats on  your victory X. Love the cartoon. It's to bad the leaders of CIty Hall are dumb as rocks or should I say act as if they live under them. Restricting access to public records is something that is done in countries ruled by tyrants so what does this say about Ludington leaders. Spending thousands of tax dollars on attorney's fees is not only tyrannical but stupid. I doubt the City will ever realize that the public information is public.

If not now, when then? I understand you're weary of this going on for years. Excuse my attempt at positive subliminal reinforcement. Maybe if we say it enough it might sink in.

Congratulations on the outcome of the FOIA  appeal. You sure aren't in it for the money.  Next?

Didn't you see my duckish self rolling around in ecstasy with my 200 $1 bills?

Getting into these court actions has actually never been about the money, even when this consolidation was in regard to FOIA fees-- and thus is inherently about the money.  The COL in this instance went out of its way to constructively deny the request for the Baby Kate police report by trying to say it was 2750 pages long with addendums and needed to have a detective work nearly thirteen eight hour days, 100 hours to edit.  It never was that big, it was 98 pages long.  Even then they tried to use bogus charges.  

End result, the police report effectively cost zero (as it should have), the COL paid more than half of my court costs (my 'attorney' worked pro bono), and $10,000 in attorney costs were accrued by the COL, when they should have known they were committing multiple acts of outright fraud. 

The City gets off easy this time, the next time they charge me, or others, with the inapplicable fees they tried to apply here, they will be called out on it, and they will lose and be charged with punitive damages.  Vive le gratuit transparence.

A sincere thank you, XLFD for your service to the public, labor and contribution. Assuming that it cost you $500 to file? And you got half back ... ? A contribution to the citizens who seek freedom of information.

Yes, well done X, and for cheapo money. And that should be well noted now, and into the future. There has been much talk and controversy on that very financial matter. Shyster Shay and his cohorts have repeatedly emphasized that X is filing all these FOIA suits to make ill-gotten gains for his bank account. It's totally the opposite if you look at the facts. That was a great part of the LDN's participation in this matter. WOW! I just had a feeling too, that once someone filed as a opposing candidate in just about any ward, that the incumbent would drop out for the next election. And look what just happened in the 4th ward, Krooked Krauch dropped out. Today is the last day citizens can file for an open ward. I just wonder if the last minute here, Shyster Shay will hand-pick another crony to run for 4th ward? If not, Kandi Fugere will be elected in the fall, let's hope anyhow.

Just heard Cheri Stibitz Rozel is also a candidate. Anyone know which ward? Hope it's not also the 4th.

Yes, 4th Ward.

Now there is also a third 4th ward candidate, Jeff Caspersen, don't know him either. First we have an unopposed Krauch, now we have 3 running. Also Bill Dustman for Mayor.

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