Ludington City Council June 25, 2018: A Public Body Looking for a Head

[XLFD]

The agenda for the June 25, 2018 meeting of the Ludington City Council had a couple topics of interest that helped attract a larger than normal crowd, namely the possible appointment of an interim city manager (with hints that it would be LPD Chief Mark Barnett) and the closure of a downtown alley to vehicle traffic.  These topics turned out to be less controversial than others in this session held without the lame duck City Manager John Shay.

There would actually be no interim city manager chosen in any way, rather they would decide that the full city council would interview potential 'outside' candidates at a meeting to be held before the next regular meeting on July 9th.  It was just posted earlier this morning that this meeting would be held on Thursday at 1:30 PM at the City Hall.  

After amending the agenda to reflect that nobody would be considered this evening, the public spoke out.  Ryan Reed (4:40 into the meeting's video) spoke for the alley repaving and closure behind the 100 block of west Ludington Avenue (south side).  Reed is part of the FOTOF LLC that is controlled by his grandpa Milan (Budde) that owns 115 W. Ludington Avenue, the former Mattress Max, or the former Zig's, for those who remember that.  The alley looks like this in an artist rendering of what the alley closure would look like (see more in the council packet p. 42+):

He claims that much of the current motor traffic is superfluous and unsafe for those otherwise using the alley, and would talk for over four minutes (even discounting the technical difficulty with the microphone at first).  Melissa Reed, who currently runs the business "My Sister's Closet", the business currently at 115 W Ludington, and may or may not be related with Ryan, would also advocate for closure after Attorney Carlos Alvarado recommended that the council approve the adult daycare facility (ADF) at the old Lakeside Chapel for his clients.  Like last time, he failed to note to the crowd that he also served as the City's FOIA Coordinator.  

This presaged the next speaker, Fifth Ward Candidate Angela Serna (12:40), who indicated she liked the alley closure before wondering about the issue of registered sex offenders (RSO) being at the ADF as the location is within school zones and near her own home.  Then I got up and tried to educate the council on what a "vacancy" actually is at 15:00.  

June 25th, 2018 Ludington City Council meeting from Mason County District Library on Vimeo.

XLFD:  "According to Black's Law dictionary, the most used legal reference work, a vacancy is "An unoccupied office; a vacancy, properly speaking, does not occur until the officer is officially removed."
This definition was used by a couple of Supreme Courts in determining when a vacancy of office actually occurs. Just last year, Vermont's said in Turner v. Shumlin, that “a vacancy does not exist in a constitutional office so long as the office is supplied in a manner provided by the Constitution with an incumbent who is legally qualified to exercise the powers and perform the duties which pertain to it" in it's way to concluding that a vacancy does not exist if an office is occupied.
In North Dakota's Foughty v. Friedrich, the court also ruled that "No vacancy occurs while the office is being held by one occupying it". I mention these findings as the issue hasn't made it to the Michigan supremes to illustrate why this council erred at the last meeting by appointing a Fourth Ward Councilor after they took pains to explain that the office would not be vacant until four days later. This council does not have the expressed power to appoint an interim city councilor to fill a future vacancy, only to fill a vacancy that has already occurred. Used to its extremes, this could totally thwart the democratic process.
Former Councilor Krauch participated in two official votes and took part in a groundbreaking ceremony after this council voted to fill a vacancy that wasn't officially vacant until four days later. Carol Pomorski has already voted tonight to approve the last meeting's agenda, a task which she cannot legally perform because she has not been legally appointed to fill a vacancy. Regretfully, if she participates in any council discussion or votes I will have to raise a point of order to remind this council that she has never been properly appointed to her seat on the council.
You can remedy that issue by reenactment of the appointment at this meeting, or even at the next meeting if the falsely appointed councilor does not participate in deliberations and votes at this meeting.
Lastly, I hope officials can tell us who is scheduled to pay for the public reception for John Shay scheduled for the next meeting. Is it going to be the public once again footing the bill to celebrate the city manager who is running away from the massive debt and logistical mess he's left us here in Ludington? Just wondering."

Not too surprisingly, without John Shay around, neither of the two concerns I had were addressed.  So Pomorski voted without issue, and apparently, the taxpayers are paying for his send-off at the next meeting, as they have when Gary Castonia and others resigned.  I wasn't feeling dramatic this night, so I was determined not to call a 'point of order' unless Pomorski's vote mattered, or if she deliberated on a topic, which didn't happen.  It almost did, when the 'mermaid shoot' vote was passed 4-3, but her vote was in the minority.  Because they did not reenact her appointment, the vacancy still remains.

Tom Tyron finished the comments offering his opinion on the alley closure, by reminding the council about the historic use of alleys and asked them to think long and hard before closing it.  The Rhythm and Dunes concert series was approved, with West Shore Bank actually using less signs than usual, a topic that the mayor and Tyron have championed over the years.

The bills were paid, then the topic of interim city manager reared its head.  They planned on hiring the permanent city manager in January, and hoped to have any new official-elects involved in the process during the interregnum period.  I was surprised Chairman Cain knew that term.  He used the occasion to lobby for the city's charter proposal:

"I encourage all of the residents of Ludington to consider passing the charter amendment on the August ballot, which will allow us to offer the new incoming city manager a three year contract other than a one -year contract. This will put us in a better bargaining position when working on the details with this person. We are making a commitment with this new city manager, the new city manager is making a commitment to Ludington. Offering him a three year contract, is a lot better than a one year contract."

If John Shay and others who crafted the proposal actually thought about bettering bargaining positions, they would have offered one with more latitude for bargaining and for accountability.  Why not allow for an indefinite length contract, as most other city charters permit, and include an assessment every year, as the city currently allows, and our local college and many schools do with their chief executive, regardless of the length of their contract?  

Councilor Winczewski proposed using a committee of the whole for interviewing the interim, rather than just the Personnel Committee.  Councilor Henderson voiced support for the committee process, and noted the two meetings were effectively a waste of time due to nothing being accomplished, she would be the sole vote against the motion.  Chief Barnett expressed his belief that someone with city manager experience should be considered rather than him.

The next item was dealing with the sidewalk ordinance's applicability to new constructions and a rebuilder hoping to avoid the mandate of the city charter.  Sec 46-71 of the charter requires new buildings to have plans for sidewalks on all street abutments, but 209 S. Lakeshore, a corner lot, does not currently have one on Lakeshore, and a new building is being constructed there.  The highlight shows where the sidewalk should be. 

The proposal is to look into allowing a new construction property to avoid the mandate if they get approval of the City.  In the discussion that followed, it seemed to have a bit of support among councilors and they plan on having the city attorney rework the section to allow a process to avoid the mandate.  

Admittedly in this case, the plan was approved for this construction w/o a sidewalk in the plans, and it was only caught afterwards, so I would rather have this fall back on the negligent city officer who approved it and should have known better about the law, Carol Ann Foote.  If she wants a sidewalk now, she can provide half the funds for it.  

At 45:40, Heather Tykoski gave a long presentation on the alley closure, letting the citizens know that this wasn't originally a DDA idea (but they thoroughly embraced it).  A half hour later, it passed with only David Bourgette dissenting.  

Before they passed approval of the ADF unanimously, they briefly tried to address Serna's concern (rather incompletely).  There seems to be no consideration of the danger that a mentally-challenged adult who may be a RSO, or one with that propensity, to spend many hours in the school zone area.

The mermaid shoot turned out to be the most controversial topic, being approved by the two councilors on each end, and voted against by the three in the middle, after a brief discussion over the appropriateness of such activity on the beach for such things.  Effectively, a modeling agency will allow girls and women the ability to don fins and pose around large shells at Stearns Beach on July 28.  

Lastly, they approved making the three minute period at the beginning of the meeting to be on any item of the speaker's choice, rather than an agenda item.  I appreciate this renewal, and hope to use it when the agenda is light on topics and my agenda is heavy.  Then they moved to accept Spence Riggs resignation from the Planning Commission.  Had they accepted his resignation without making the usually unwarranted accolades, I would have left my second comment unsaid, but Councilor Winczewski talked him up:

 
"(Spence Riggs) is a young man who brought worldly views to Ludington. He was in the Peace Corps for many years, he went to college, he was in the Peace Corps, he was one of the most easy people to get along with, to discuss things with, he really listened and it's hard to sit in your shoes for a while and get your perspective; he will be greatly missed on the Planning Commission, and he is getting married, and he's moving to Grand Rapids, with a brand new job, and he'll excel at whatever he does, but just thanks to him for spending some time in Ludington."

So with that amount of bull excrement, I figured he should be appropriately assessed for his public actions, but Chuck Sobanski spoke before me stridently talking about blight in his neighborhood, and the City's inability to enforce their laws.  The latter infraction I mention will be further developed in the near future.

XLFD (1:31:45):  "I was pleased to hear that Spence Riggs resigned from his post on the Planning Commission, I believe he failed to meet the ethical standards of the agency. Last year, I came before this council on three separate occasions to explain how his actions on that commission was unethical considering he developed policy that allowed him to split his lot into three, did just that, and never once disclosed his conflict of interest at any of the planning and council meetings where the issue came up. His property increased dramatically in value, all because he worked on the Text subcommittee to get the zoning law to conform to his veiled goal.
But that wasn't Spence's lone transgression. He is an ex officio member of the DDA and has attended meetings where the DDA has discussed acquiring the lot at 106 E Filer to make into a parking lot. Before the DDA could acquire it, however, the Planning Commission was considering a proposal from an established local businessman to place a warehouse on that property. According to what I've read, and other planning commissioners I respect, there was nothing in zoning law to prevent a warehouse from being placed there, but Commissioner Riggs argued volubly against it without divulging the DDA's great interest in the property when it came before the commission in December, led the votes to deny it, then as the Planning Commission Liaison proudly reported the deed to the DDA at their January meeting.
The DDA is acquiring the unimproved lot at a cost just under $50,000 and will have the same cost in paving it. So instead of getting the additional tax revenue the warehouse would have generated each year, the DDA gets to spend $100,000 and maintain an out-of-the-way parking lot. This is progress?"

C. Dale Bannon then spoke about how valuable ADFs can be for older people who have moved in with their working kids, before Angela Serna got up once again at (1:35:00) and gave the council a good talk-to about why citizens avoid coming to meetings.  Much of the best stuff happened after she sat down, and city officials tried to defend their communication skills.  The best lines:

Mayor Holman:  "Have you considered running for office?"

Serna:  "I am running for office."

Mayor:  "Cool!"

And, of course, just before they adjourned, they announced the public reception for John Shay at the next meeting, with cake and other stuff-- without any effort to answer my earlier question about who was footing the bill.  It's part of their communication skills, they are trying so hard to improve. 

In conclusion, they never addressed the legal issue of vacancy, and why the Fourth Ward Councilor voted repeatedly without being 'official', they never denied the impressive-even-for-Ludington ethical lapses of the worldly Spence Riggs, they never relieved the concern candidate Angela Serna raised about the ADF, or even the blight concerns of Chuck Sobanski.  It's a public body that has lost their head, so how can they listen and how can they talk?

[John Doe Jr]

Yes, Im sure the Adults at Daycare are appalled.

[AQUAMAN]

I'm very surprised too that the 3 min. comment time was altered again to invite any comment, instead of the agenda only related items that Shyster Shay and Warped Wilson both shoved thru the council earlier last year. That alone invites more commenters that don't have the 1-1/2 hrs. to spend there till the end.

[Willy]

Your right X, the alley must be vacated and that can not be done without public approval and or by approval of anyone holding legal and titled access.  I am never in favor of closing off an alley, street or public ROW which  is intended for use by the public.. I don't know where Mr. Reed gets his expertise to make the judgement that it needs to be closed. He states it is being used as a "street". Well yes it is because that's how it's intended to be used. It is a "side street" made for easy access to whatever abuts it. If there is a traffic problem with cars speeding then install speed bumps. Other than that I say, leave it alone.

I also say disband the 5/7 Council for the crimes of impersonating elected City officials. It's very difficult to take these people seriously.

[XLFD]

If all adjacent properties and easement holders were in 100% agreement and if the closure went through the process of being reviewed by the Planning Commission, and approved by the clowncil, then I don't see why a closure, temporary or permanent, couldn't be arranged.  So we're in agreement, and it's rather telling that in the Reeds' presentations and Heather's advocacy, there isn't a lot of concern about the loss of the alley-- besides they say it's only temporary.  

This city, however, has a track record that they continue here by not explaining the process and metrics of evaluating whether this closure on October 31 will continue thereafter.  Without that, I would not vote for this as a councilor, and I'd also consider that two of the parties have not given approval for closure.  I'd send it back to the DDA/Reeds and suggest they get unanimity and take it through the Planning Commission.  In the meantime, the alley definitely needs repaving. 

[AQUAMAN]

Kinda reminds me of the West End Project that locals also do NOT Approve of, and the badly needed repaving issue that the COL keep ignoring for years.

[stump]

Lets see this winter who's going to plow the snow out of that alley. If it is privately owned by the business's in that block we better not see a city plow on it!  Also the snow removed should NOT!!!! be pushed into the parking lot for the city to remove . GOT THAT CITY COUNCIL ???????

[XLFD]

In Wednesday's COLDNews, Grand Rapids bound Spence Riggs was lauded for his three years as the "Economic Development Coordinator" at the Mason County Growth Alliance(MCGA).  The headline says the leaving is bittersweet, which is exactly what John Shay said when he left Ludington for greener pastures due south.  This wasn't unexpected, the MCGA will be looking for a lot of replacement money very shortly, and may have dropped the EDC if they couldn't convince local governments from subsidizing them. 

And why should they, even before Riggs, the MCGA has had a terrible record, and if you read this very pro-Riggs article, you will note he highlights a Retention Visit Program that had no clear success.  There is a couple of collaboration efforts mentioned where no specific accomplishment is achieved by the MCGA or Riggs.  He's like John Shay, a record of nothing.  He didn't bring any business in, it's unclear whether he prevented any leaving or aided them in expanding.  He definitely didn't help the Ludington Biological Station stay in Mason County.

He says:  "I will have to build that trust again (in GR).  Building trust is something you will always have to do.  You have to demonstrate that you are worth that trust."   His time in the Planning Commission carrying on concealed agendas for himself, and carrying water for the DDA to secure a remote lot for parking by denying a prominent businessman the ability to develop that lot-- in seeming violation of the directives of the MCGA-- only breeds a great deal of mistrust in me.  He may or may not be a cool guy to hang out with, but he had an abysmal record as a public servant, and what seems to be a mostly-wasted three years at the head of the MCGA.

[AQUAMAN]

Totally agree X, another egotistical narcissist that padded his own nest at taxpayer expense and now leaves after his unethical conflicts of interest that never mattered to him at all.

[Freedom Seeker]

So glad he's gone--such a fraud... Let's just hope those others who use public jobs to line their pockets at tax payers expense also find other jobs where their lack of ethics will catch up with them.  

[XLFD]

It's sad for our community that ethically-challenged narcissists such as Spence Riggs and Kathy MacLean lead the agencies (MCGA and the chamber) that receive special favors and money from our local and state agencies to bolster development and commerce of the area, and yet their record only shows graft, corruption, and no attainment of their stated goals.  The local Convention and Visitor's Bureau has a similar record while draining local inns and motels of their revenues with a 6% room tax.