Ludington City Council July 25, 2018: Old Minutes, New Agenda

[XLFD]

The July 23, 2018 LCC Agenda Packet looks a bit busy, but the majority of actions were rather rote which led to a meeting lasting just over 40 minutes even with some public comments and minor controversy.   Before the comment period, Mayor Holman closed a loophole that she made at the previous meeting, allowing former Mayor John Henderson the ability to be yielded another person's minutes to speak.  She said (3:35 into the meeting): 

"I did allow something that was interesting and also not legal, when I said someone else could take the minutes. When you have a three minute limit for your public comment, that is your three minutes, you can't give them to someone else, and I apologize to everyone for the fact that I did that; I just got carried away."

The Open Meetings Act requires (MCL 15.263(5)) that a public body's rules of meetings are to be recorded and available to the public, the City of Ludington adapts rules as it goes.  Ask them for those rules if you think otherwise and be shocked by their lack thereof.  The mayor says that what she did wasn't legal, but it's actually not illegal, nor would it be unethical if it was available for everyone to do.  But that meeting and this meeting had their share of rampant illegalities and 'unethicalities' as the city council learn to adapt to life after being led by John Shay.

The mayor had introduced the new interim city manager, Steve Brock (above), and his advent was noticed in the police chief's invocation, but it would be the city council's nemesis who would give the new guy his own invocation.  And if that was offsetting, he used the rest of the time to argue that the minutes of the last meeting were improperly done and that the change in the sidewalk ordinance went against the city's master plan.

July 23, 2018 Ludington City Council meeting from Mason County District Library on Vimeo.

 

XLFD:  (4:15 in):  "Let me extend a welcoming hand to new City Manager Steve Brock and invoke a hope that he has the wisdom to operate amid the conflicting interests and issues of our times with a sense of the welfare and needs of our Ludington citizens. That he possess a keen thirst for justice, knowledge and the rule of law and the ability to work together in harmony among everyone even when there is honest disagreement in issues and personalities.

I'm troubled with the minutes written for the last meeting [here's a full analysis]. Minutes should be accurate, consistent and use neutral language when describing what happens at a meeting. In my two comments, I listed five specific events that were part of John Shay's accomplishments. Although I elaborated on each one, the minutes just says that I proceeded to list five points that were, in my opinion, his legacy. It was not opinion, it was part of the unrefuted record all backed by public documents.

Now that would be fine if the minutes reflected such summaries for other speakers, but the minutes go into great detail when former Mayor Henderson speaks subjectively about a citizen, calling him vindictive and saying that he twists the truth and leaves out the facts, and that on numerous occasions he has had to correct this citizen. In the minutes it shows these false and unsubstantiated ad hominem attacks allowed by the chair were more worthy of insertion in their entirety than true facts about real documented events. I will be disappointed but not surprised if these uneven, inconsistent and biased minutes are approved tonight without change.

It must be stressed that the amendments to the sidewalk ordinance you are to consider tonight goes squarely against the City's master plan. On page 70, that plan says: "Potential amendments to city law should be focused on creating more walkable and pedestrian-oriented development."

Making properties exempt from the sidewalk mandate on an unclear set of standards and the whim of an official, will not advance the goal of making Ludington a more walkable community, and create more conflicts than it resolves. Thank you." [END]

Nobody else spoke.  After the council approved the minutes without any discussion (surprise), they dispatched the six ordinances dealing with levying setting three millage rates.  This has become an annual ritual that only becomes less than routine when the council attempts to raise the rates of the DDA and/or the operating millage through a truth in taxation hearing.  City hall does this so they can bypass the protections of the Headlee Amendments that require millage rates to go down when valuations on real property go down.  

I raised a stink last July when they spent at least $300 in order to keep the DDA rate up to collect $49 more per year.  That insults every taxpayer in the downtown district, who instead of having their taxes reduced, had it raised quasi-legally and had to pay hundreds extra besides.  This year the Police Pension millage went up substantially, but there isn't anything a citizen can do about it; the rate is established by a special law which increases it or reduces it dependent on other factors.

And while their master plan says walkability is a priority, and as PM Township adapts a rather progressive sidewalk policy  (which has little common sense behind it), the councilors unanimously took a step back in making Ludington more walkable by allowing them to use politics and fuzzy rules in order to allow people not to install a sidewalk.  What's crazy is that the property that is looking to get a waiver from the City's existing sidewalk policy (see highlight in picture below) is flat, without trees, without utility poles... perfect for a sidewalk at a place where a sidewalk is sorely needed.  

The only defense of the amendment was proffered by Councilor Kathy "Moonbeam" Winczewski, who thought this would save the City money, because they would have less 'difficult' properties to put sidewalks in.  Look to see people who don't have sidewalks and don't want sidewalks make their right-of-way more impassable and difficult.   This plan only makes sense if the City had an actual plan to make areas near school and tourist zones have sidewalks, but there is no leadership in doing that.

An engineering agreement between the City and Fishbeck Thompson Carr and Huber (FTCH) was made.  If you recall, an initial hiring of Fishbeck took place three years ago without any competitive bids.  As noted in that article, FTCH has a habit anyway of getting the nod even when they are not the low bidder.  This $1.6 million contract was again done without competitive bids, possibly costing the City many hundreds of thousands of dollars, but our city leaders say why change Fishbeck midstream?  More fiscal conservatism from Shay...

Brock was given the title of Street Administrator taken from his predecessor, and then the City allowed Joseph Ireland to split his property up on Seminole Street.  Ireland apparently wants to get even closer to John Shay than he did back when he got some other real estate from him near the Danaher water tower.  There was a legal question as to whether a survey took place, which made the approval tentative on whether there has been a survey done by Irelan.

The mayor welcomed more comments and after Chuck Sobanski introduced himself to the new hire, I said my second comment of the night:

XLFD:  (33:35 in):   "The reception held at the end of last meeting, as expected was paid for by the Ludington taxpayer, as reflected in the invoice report. We see our sewer rate doubling, we see our summer tax bills trending upward, we see city hall going tens of million in debt for infrastructure maintenance and growing unacceptable levels of pension liabilities. But sure enough we can foot the bill for more excess to celebrate a city manager running away from the problems he was instrumental in creating.

The invoice report also details that $500 was paid to musician Mike Lenich for Friday Night Live entertainment from the DDA operating fund. It should be noted that Lenich has been a member of the DDA since 2017, and received a similar payment in 2017 from the DDA for FNL entertainment. In neither year had the DDA's contracting with and employment of one of their officers at more than a de minimis amount of money been noted in their minutes as it should be, violating the city charter section 2-72(a)(3) and state law standards of conduct for public officers MCL 15.342(5).

Why do DDA officers continue to benefit directly from their public service and never have those conflicts of interest specifically noted in the DDA minutes as they are required to by law. I'm hopeful with a new city manager that we can change the culture that allows this."

John Terzano also welcomed the new CM and wished Sobanski an 80th birthday.  The mayor said they could have brought a cake if he had said something earlier, Fire Chief Funk said that he would buy it, and I clapped, the mayor said she would help.  Everybody would have helped if they had knew earlier, because it would have been brought with city credit.  

The mayor read a letter that showed an official in a good light, Councilor Moonbeam read an announcement for an AFFEW event, the coming of movies in the park were discussed, before Councilor Les Johnson launched an odd comment:  

Johnson: (39:35):  "Your honor I would just like to say I missed John Shay's last meeting and just wanted to say what a great job I thought he has done, and it's it's a shame that Mr. Rotta (meaningful stare) didn't get to know John on a personal note because he is so off-base on what he says and thinks about John Shay, but anyway, I just, I'm sorry that I missed John Shay's last meeting and I'm certainly going to miss him."

Sigh.  I found this rather insulting, since Johnson is aware of most of the personal contacts I have had with Shay over the years.  We started off in correspondence, Shay blocking and/or attaching unlawful fees to FOIA requests until the council finally took him off that duty.  He signed and served a "Letter of Trespass" on me in 2011, taking away a lot of my rights without any reason or any due process and directly making me lose a job I cherished.  He kept me from voting in 2011, disallowing me from coming into the city hall, my polling place, to debate for city office and to vote.  

I cross examined John for over an hour in a FOIA lawsuit hearing in 2011, hearing a lot of fictional testimony, that was just a little after he perjured himself on a sworn affidavit.  After I eventually won that lawsuit and another for the trespass letter, he slandered me repeatedly at the end of a city council meeting in 2013.  Councilor Johnson, you never told John Shay he was off-base on me even though his defamation was never supported by anything other than his false words.  He would repeat that libel and more at a press conference in 2016, repeatedly calling me bad names and saying I was lying about editing out an LT member's comment, when it had been established that I had not.

I sat with John at city hall for many hours in 2013 while our respective attorneys in my federal lawsuit against him and the City deposed each of us.  Shay's testimony, again under oath, conflicted with the record.  I have seen him dodge public issues that should be addressed for ten years, opting for secrecy over transparency, doing illegal acts in the process. 

My words at council meetings concerning him, unlike John Shay's against me, have always been concerning his acts as a city official and his off-based policy that was in large part inefficient, unlawful, and/or unethical.  I welcome Les or anybody else to research the record as fully as they like to corroborate my assertions, and refute them if you may.   Neither am I alone in that assessment of John Shay, because when the full record is reviewed, he had many flaws and few virtues.  That doesn't reflect badly on me, his critic, but on him and you, his boss over the last 7 years.

And you know what is even a worse reflection?  You and your other six bullies allowed flawed minutes to be passed without discussion, you all allowed a city official to yield public comments to another city official without argument, you all haven't suggested why the new sidewalk policy will achieve the city's master plan's ideals, you all have not explained why you spent taxpayer money on a reception, you all have not explained why Mr. Lenich can covertly claim DDA funds for himself when he is a voting member of the DDA, and you all cannot discern that officials directly attacking a citizen voicing his concerns on public policy and acts of public officials should not be a part of your agenda or your minutes.    

[jfc123]

Hope and pray that this new manager comes in with a regard for the city as a whole and also sees that there is some social media sites like this and CLL on their tails and want to work WITH and not against the truth! One truth to my heart is John Shays LIE that the pm bayou was dredged after 2008!

[Freedom Seeker]

Good point about the Bayou lie, JFC.  Shay and Henderson and team have made their share of enemies and the municipal marina charter boat lie and the bayou spills and lack of cleanup are certainly two big lies of shay.  Then covering up for Tykoski and Mcdirty's lack of ethics and outright lies on state rehab grants and no-bid hubby contracts and making the whistleblower (Rotta) to be the bad guy and do everything possible to use police force and legal resources to shut him out of FOIA requests and political position.  The battle had been going on too long and it was time for Shay to be booted.  Too bad he got such praise for neglecting infrastructure for so long and getting us in deep debt.  Shay got paid way too much for a doing way too little.  It was definitely time to move on.  But Les Johnson probably will never be able to see that side of John shay and XLFD is more despised for speaking the truth.

I hope Brock can be non-biased and advise and lead the council ethically.

[AQUAMAN]

Well said Freedom Seeker, I agree totally. AND here's some other comments: why does Mayor Holman insist now, at this date, that no one else can give their public 3 comment minutes away to someone else? Because SHE allowed it for a Fixed Agenda to happen, for ex-mayor Henderson, and that's just wrong and corrupt as can be. And of course, it's what she does now, after 2 weeks of us other Torchers stating we would pass our own minutes on to X. What a liar to say she now opposes it, and apologizes, Beotch! Chief's monthly report: you mean that the same crime rates that existed last year at this time are acceptable? You haven't improved on those stats.? That's your job sir! Make the crime rates DECREASE, every passing year, that's why you get over $100K/yr. for, you dummy! Moonbeam Kathy, now supporting some lot split, and the guy Joe Ireland lives in Shay and Henderson's neighborhood? What a funny coincidence. Is he one of your buddies too? And the so-called survey isn't even signed? Les Johnson: another city councilor again, for about the 10th time, attacking another citizen commenter, and says he, X, doesn't know Shyster Shay. Well, I do too, and the Shyster also threatened me with expulsion from city hall back when X also was banished, and screaming it in city hall, before a mtg., and when I complained, Mayor Henderson and other that witnessed it from only 10' away, said to me, they never heard ANY of IT! ALL the appointed councilors do their job properly, and vote YES on everything! And the New City Mgr., I fully expect him to do likewise, as is Expected and Required by the city council, be a YES MAN on everything, and you get the Appointment today!

[Freedom Seeker]

Disgusting, deplorable and despicable actions by some in charge and John Shay's arrogance in particular.  There is a lot of corruption all around the cities in the nation but I pray daily that we have more honest leadership in Ludington and if that doesn't happen, I pray that the great Judge above will use a quick track to a summary disposition of the corruption in city hall.  John Shay himself may have been an upstanding family man and an honest referee outside city hall, but I think he got caught up in covering up for staff ... IMO starting with Tykoski, and for those with "power gone to their heads."  That's why it is important to get wisdom in a city manager, one with experience and ability to work with all people and be fair and honest.  John Shay's was young and most of his experience was as an insurance adjuster except at Altmont.  He cut his teeth on Ludington and what a mess he and the team made overall.  When the bills come due, someone will have to take the blame and maybe the city council and John Henderson will wake up if they live long enough to see their great grandchildren bonded to 40-year debt from 2018 with limited credit to keep up with improvements.  Shay was smart to leave and I think sees the wisdom of Hollanders who are more fiscally responsible.  Yes, we all need very big rose-colored glasses to see the good in John Shay's legacy.

[Freedom Seeker]

And I forgot to say that this is why the city council despises Rotta:. Because he is smart, a genius at seeing through the corruption, analytical in what most can't even consider, and is quick to understand it with ethics and honesty, and Henderson calls that vindictive.  If Les Johnson would only get to know one of his ward members on a personal level, maybe he could learn what true honesty is.

[XLFD]

Let me put it this way:  Plato, Socrates, Aristotle-- morons.

That Rotta is like, really smart and a very stable genius at that, in the realm of sniffing out corruption.

Or maybe he just has an acute sense of smell, since rotten and corrupt things often give out a noticeable odor.  

One thing John Henderson and I can agree on is that for almost everything over his tenure, Shay acted as the hands and feet of the council, which means the corruption is deeper than just that one man who just left.  I would say that Shay actually worked more as the hands and feet of the former mayor than the councils of his time, if you review the records, but Henderson's "modesty" let's him take no credit/blame for the lame Shay legacy.  

Henderson has continued to lead the DDA Board for the 5 years after his time as mayor, and during that time (and before) that agency is rife with unethical and/or unlawful practices, frauds and cheats.  What motivated Johnson to speak this meeting likely was the fact that I had pointed out that Lenich has been doing the same thing that Johnson used to pull back when he owned AJ's Party Port and supplied DDA events with wine and liquor for years and never entered that fact into the minutes as the secretary of that agency.

[John Doe Jr]

Welcome to Camp Denial! There is a legend that says this island is haunted by lies and corruption. Corruption so evil, it will melt your eyes. If you want to look around here you will have to put on your Rose Colored Glasses. At first, you may get the distinct impression this whole group of campers must have been out sniffing forbidden invasive species. Their leader calls herself the Mayor, yet she may actually be a zombie. I once heard her scream," I did something illegal". I'm thinking she swallowed a mushroom or something. So, don't eat what she's eating! The camper on the end he calls himself the Chief. He just sits there. He ain't getting up. Not even for a bond fire. Possibly sedated by his own prayers. The shady guy in the middle, the camp attorney, he found a treasure map but, the survey is missing. "How will he ever get off the island?" Don't worry dick, it's probably floating in a Miller Lite bottle somewhere at the Brew Pub. Maybe the Judge or the Prosecutor can grab it next time they are down there? Yes, we can go in now, the snake in the grass is gone. Rest your fears He Slithered away... You can now point your flashlights in another direction campers. How about point them at the guy with all the facts and damning FOIA's? He is a monster! And, we all know that monsters never make friends with campers. Camper Brock acts like he isn't afraid. He came in to save the Team. Send Brock in after him!  Take one for the Team Brock! But, Brock replied,"once it gets dark and the FOIA's start to fly, I will be the first to hide!"  "You will probably have to pick a new Leader very shortly." So, the campers continued down the same path...ready to attack anything that scared them, and Brock brought up the rear with a catchy cadence."Left,Left. Left,Left,Left..."

[Willy]

I like your Camp Denial analogy John. In my opinion as long as an old camper by the name of John Henderson is involved in any way with local politics, nothing is going to change. I bet it was his idea to pass on the extra minutes to orchestrate the bashing of X. I don't think any improvement of City leadership will improve until John Henderson's negative influence stops. If the new City Manager was  politically savvy, he would contact X and find out "the rest of the story", but of course he would most likely not be considered as a permanent replacement if he crossed over to find the truth or make peace.  

What happened with the minutes approval clarifies exactly what has been going on for all these past years. An unresponsive, mindless blob of dead brain matter that has occupied the Council is still in control of the City and shows no sign of stopping the "stupidity " that infects it.

[Freedom Seeker]

One truth that can't be denied in the long run is the debt.  Spend, spend, spend like drunken sailor then abandon ship.  Can't wait to see who takes the plunge next.  And the Chief being quietly praying, just praying that his pension is available and as cushy as his job had been.  That is one thing that John shay built in his legacy:.  Cushy, over-paid jobs at least four times higher than the median of the average Ludington job with overpriced benefits and pensions that will ruin Ludington in the long run.  I'm wondering if Barnett, a seemingly Godly man is adjusting how to deal with that in his own psyche?

[John Doe Jr]

You are absolutely right Willy' The vengeance this crowd and their ring leader Henderson has for X is absolutely appalling. They will stop at nothing to get at him and slander his name to hide their guilt and silence him. The facts can't be squashed by vile attacks, and they know their game is coming to an end soon. They are absolutely desperate, and getting really sloppy about covering up their tracks. This council should be held on corruption charges. The FBI needs to step in and clean it up. They are absolutely dysfunctional and lawless. Every fact X has brought to the table has been taken as a hostile act, and they have willfully and intentionally violated his Rights because of his adamant demands to transparency and accountability. This has gone on too long. It has all been documented, at least on Vimeo. I think it's time to seek a higher court for remedy.

[XLFD]

You've likely never heard of Heather Brooke, an American journalist who went to Britain just before they invoked their own version of the FOIA (less than 20 years ago), and used it to expose the nasty flanks of their long-covert government.  She is someone I greatly respect and commiserate with.  She sagely said: 

"The way the Establishment deals with people like me is to ignore them. When you become unignorable, they will try to smear you, and that's what I feared for a long time. Now I have somehow vaulted into this space where it's difficult for someone to smear me because it would look as though they were being vindictive and spiteful."  

I know that I have been smeared without mercy from some of these truly vengeful people.  I know because some of the people I have grown to know over the last ten years have told me they heard this and that from so-and-so, and the stuff is almost always totally untrue.  You could expect that when the city manager has the temerity to say false, reputation-damaging slander at the end of meetings without any of his fellow officials batting an eye.  

Unfortunately, the wise and seasoned readers of the LT do not make up the majority of the people in this city, most living in the world spun to them by the mainstream local news and not even thinking there is a hidden political world infested with maggots right in their own neighborhood.  John Doe, Jr. does, and he definitely is not a happy camper. 

We are being blessed with the resignations of Tykoski, Castonia, Krauch, Rogers, and now Shay within the last year or so, and I would hope and pray  that by the beginning of next year we will have responsive and responsible people in their place.  I already believe the two definites, Tom Ezdebski and David Bourgette, are better than their predecessors. 

But one thing I know, if we don't expect clean and lawful behaviors by our officials, we surely won't get it.  As Heather Brooke might put it:  It is scrutiny by the general public that keeps the powerful honest.

[shinblind]

Ultimately it is  the voter's apathy that got us into this mess.

That and what passes for the local news media, news reporting that is everything it shouldn't be, lazy, cowardly and chickenshit.

Add in a educational system that ''teaches'' political correctness and self esteem in lieu of comprehension and knowledge.

And you get the kind of city government that we have gotten for the last 15 years.

A carpet bagging city manager who maxed out the city's credit cards and jumps ship when the bills come due.

And a city council that is so inane with its unnatural love and smugness that it wouldn't surprise anyone if they erected a shrine to Shay in the council chamber where everyone could genuflect upon entering.

But the bottom line is the dumb and weak willed voters.

And how do you change that?