Floodgate: A Mayor's Promise, A Citizen's Complaints, Unkept!

[XLFD]

Last week, the Ludington Torch investigated further the problems of flooding first noted on WMOM radio by a citizen's complaint, by the Torch staff's reviewing the records, and making FOIA requests.  With the FOIA requests responded to, we can now declare that something is definitely amiss.

 

In last week's article, Rowe, Rowe, Rowe Your Boat the initial complainant, Allison Prince, had claimed she had made at least two formal complaints with the City of Ludington since 2006 regarding the flooding that occurred at her house due to the bad drainage on the nearby industrial properties.  The City Manager, John Shay, in his capacity as FOIA Coordinator, has confirmed that no such formal complaints have been filed with the City. 

 

In his reply to the FOIA request for records showing:  "Any written citizen/homeowner complaint regarding flooding/runoff issues in the Rowe Engineering/Strait's Steel area since January 2006, include any records showing any site plan reviews or corrective actions by any City employee/agency to address the problem."   FOIAC Shay sent me the following response, a six page .pdf file:  2012 5-11 Flooding FOIA  Note that the only records of any complaints or corrective actions happened on May 3 and 4 of 2012.  Nothing else.  We do commend City Manager John Shay for his speedy action on this topic once it got broadcast to the WMOM listening area.

 

However, it makes either Allison Prince a liar or John Shay a withholder of records, as no formal complaints were produced.  My money is on the latter.

 

The other issue that arises is Debbie Rasmussen's complaint in front of the City Council on 7-14-2008 and revisited by her in the 7-28-2008 meeting.  We have the City Clerk noting in the minutes that:  "His Honor Mayor Henderson asked that the Planning Commission and Site Plan to review this and see what the City can do to resolve this issue." 

 

The Planning Commission minutes are available at CoL MOD in their entirety.  The PC has no mention of anything since 2008 on their agendas or minutes, and Shay's response confirms that the issue has not been addressed by that public body.  Nor did the records asked for include any inkling of the City's attempt to "resolve the issue". 

 

The Mayor was plenty active around the same time getting his pet project passed and completed, the transient docks at the City Marina.  But no sign of any involvement with the flooding problems of city residents.  Mayor Henderson has long ago given up any interest in the City's infrastructure, but if you own a downtown business and want a tax break, an OPRA established, a rental rehab or facade grant, you're golden.  Forget the rest of us taxpayers breaking our piggy banks to support these businesses with increased tax burdens while our roads, water pipes, and sidewalks crumble under us.  And our neighbors' basements flood, even though Strait's Steel and Wire have received tax breaks twice since 2006 voted to them by the City Council unanimously. 

 

No doubt Mayor Henderson was too busy thinking up a new circus act to bring folks downtown and completely forgot his pledge made to a citizen, experiencing difficulty because some of the Mayor's business partners/friends cut some corners out on North Harrison.  And some folks, connected downtowners the most vocal, want eight more years of this.  Seriously?!

[Willy]

If the flooding was such a problem, why did she contact the City only twice in 6 years? And who determined that the flooding was caused by runoff from the factory. Is it possible she had sewage back up from sanitary lines? Did the water come in through the foundation? Did she have a contractor out to determine where the water originated and how it was entering the dwelling? Did she take photographs? Most cities don't get involved with private property disputes so I'm suprised that Ludington would get involved. I'm not diminishing her problem but if she really wants to solve it then she should take a more active role in trying to determine the where, how, when and why's of her situtaion.

[XLFD]

From the prior statement of Debbie Rasmussen back in July 2008 to the council:  "... questioned whether there were any guidelines regarding the runoff of water for factories and buildings in the City. City Attorney Roger Anderson stated that the zoning ordinance does require a site plan review which is to minimize runoff of properties on to adjourning properties. {She} stated that the amount of runoff water from the factory during this last big storm was 5 feet with 10-15 yards of dirt. There are no drainage pipes and Straits Steel and Wire built a gravel bed with pvc pipes which goes right into the parking lot and because she is the neighbor her house received the largest amount of runoff. She has asked that the City address this issue." 

 

Records show that Strait's did a site plan review just this last year, but apparently they didn't investigate whether their drainage pipes fell within zoning allowable runoff levels, since this was not sent with the FOIA response, above. 

[Marty Redman]

If theres something a city should get involved in its the sewer-water-drainage problems of the area.  If Prince and Rasmussen have complained a couple times each since 2006 there should be something in the records.  Why isn't there any records??  Its because if, if,  Straits gets called by the city they promise to look into it and it don't get done