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.    

[Freedom Seeker]

Truth.  Truth in reporting the news helps.  I agree that the LDN and the WMOM repeat biasedly Rosey pictures the city must approve of.  And if we get a mayor who is marketing DDA specialist it seems the propaganda will continue.  For instance the WMOM report Tuesday morning of city council meeting made no mention of police pension increase passed or any of the taxes passed by city council last Monday.  Dumb down the population.  Keep them away from bad news and everything will seem rosy.  But historically, when the populace starts noticing their wallet being dipped into, they take notice.  It's seems a big sanddune to climb in this city to get to the truth.  Thanks to X for his years of effort and enduring public berating by the city council and mayors in getting truth out.

[AQUAMAN]

And don't forget Moonbeam Kathy on interviewing the Beach Patrol, another big huge JOKE! While she talked to them for 1/2 hour, did they even look at the beach going swimmers? That is Truly where their attentions should be, not wasting time talking BS. Today there was a Beach Hazard warning, undertoes, strong undercurrents, big waves, and still, the beach was wide open, people everywhere. The Beach Patrol should have had warnings out all over the place, yet, I witnessed none, more incompetence beyond belief. And yet, Moonbeam praises them? Watch out for a drowning this summer, it's on the way.

[John Doe Jr]

Millions of OUR dollars wasted, destroying the view that sets us home everytime we see it when coming to the end of Ludington Avenue, and these asshats can't even hire a life guard!

[John Doe Jr]

I saw her hold up busy traffic today near Jebavy and Bryant. Whipped a louie short of the intersection, apparently lost... Caused a traffic comotion. I was praying she was ok, and I'm glad she decided to stop after her crazy U-turn. The traffic was really heavy at the time.

[XLFD]

Councilor Winczewski's driving appears to look a lot like how the city council will progress for the rest of the year. 

The last two meetings, they decided the best way to address Shay's legacy items and the three items of corruption I spoke of at this meeting was to have the prior mayor assassinate the character of a citizen (while violating the rules of the council, according to Mayor Holman at this meeting) and have the most senior councilor Johnson ignoring the three items of corruption he had a part in (he approved the minutes, he approved the use of taxes for Shay's reception, and he allowed the DDA treasury-dipping of Mike Lenich as a voting member of the DDA the last two years) just to say the messenger was off-based on his appraisal of a confirmed rascal.  

This is how they defend their record and their peers: ignoring the facts and real issues, defending their fellow officials regardless of their behavior, and smearing their critics without any basis.  With continued exposure of the facts to the folks, the swamp we've allowed to fester on Harrison Street will continue to drain.

[jfc123]

We need to work together to DRAIN THIS SWAMP! Enough is enough!

[AQUAMAN]

The SWAMP is HUGE now. Not many taxpayers are even Voting anymore, they are FED UP! And more are going elsewhere to live, and pay fairer taxes and fees. This LITTLE town is growing Smaller and Smaller every year. The CC doesn't care, and this situation is going nowhere for the time being. Until we get real councilors that really represent the majority, we are doomed to infrastructure that is in ruins, and will continue into infinity. It's a very sad and irreversible situation that has to change, and only VOTERS can make this necessary change for progress, and the future.

[Freedom Seeker]

Just makes one wonder why so many in the city administration are jumping ship:. In search of better lands on new shores.  

Mike Krauch just up and sells out in the middle of his term, Linda Rogers middle of her term, John Shay in the midst of so many important projects,  and Spence Riggs the great lover of Ludington and optimist extrodinairre peals out for Kent County?  What do these inner-circle government people know that the public doesn't?

[shinblind]

ABANDON SHIP   ABANDON SHIP   THIS IS NOT A DRILL.

THE LACK OF ADEQUATE LIFE JACKETS IS JUST A RUMOR, PROBABLY STARTED BY THE LUDINGTON TORCH.

ALL CITY MANAGER'S AND CITY COUNCILORS PLEASE BOARD FIRST.

THOSE REMAINING ONBOARD PLEASE ARRANGE THE DECK CHAIRS IN A DECORATIVE MANNER.

As stated before about Shay, he maxed out the city's credit card, now that the payments are due he is abandoning ship. 

[Willy]

[XLFD]

Thanks for bringing that up FS.  An interesting E-mail from 2.5 years ago that may help explain why Riggs departure, Shay's departure and the recent proposed sale of Cone Drive have an interesting bit of synchronicity:

From: John Shay
Sent: Tuesday, March 15, 2016 6:24 PM
To: Spence Riggs ([e-mail])
Cc: Fabian Knizacky ([e-mail])
Subject: Cone Drive Payments

Hi, Spence:

I would appreciate if you could check your records and let me know when Cone Drive's annual payments to the Growth Alliance will end. I think it is in 2017 or 2018. Once they end, the Growth Alliance's only significant income is the $7,000 contributions from Consumers Energy and DTE Energy. The Growth Alliance's annual expenditures total about $129,203 when excluding depreciation expenses. With about $469,000 in our checking/savings accounts, we will run out of money in about 3 years.

Please add this issue to the next agenda, so that the Board can begin a discussion at our next Board meeting on how to raise funds for the Growth Alliance, so that we can begin to prepare for this loss of income from Cone Drive.

Please contact me if you have any questions. Thanks.

John Shay
City Manager

From my understanding of the records, Cone Drive was paying a sizable amount each year for their lease/purchase of their spot at the industrial park which had been effectively filtering to support the MCGA, whose primary cost was the employment of their director (Riggs) and his expenses.  With the end of that money coming in, the MCGA cannot support a director, neither has there been any talk of Riggs' replacement in the month plus he has retired.  Of course, minus this yearly liability, Cone Drive executives have a better product to sell to Timken.  Without any replacement of the CD money, Spence has to job hunt this year, moves to GR.  With the loss of the MCGA and the COL's bottom line looking bleak, Shay amscrays to any place that will have him.  

[Freedom Seeker]

Thanks for that interesting inside information, X, something those wearing the big rose-colored glasses will never tell the public. Robbing Peter to pay Paul will eventually catch up with Peter and Paul.