Go West, Young Man...

[XLFD]

... and Grow Up, City.

 

City Clerk Luskin reports in the minutes for the 8-22-2011 City Council Meeting:

"George West, City of Ludington, received a letter to replace his sidewalk and he explained that the damage done to his sidewalk was the result of the City putting a tree in a couple of years ago. The DPW Clerk looked into this and found that no report had been filed with the DPW office. He then explained that Kevin Spuller, Carr Creek Construction, who currently has the City’s sidewalk replacement contract and has not been able to obtain insurance as the insurance agency is suing him. George West explained that he did not feel comfortable using the City’s contractor for his sidewalk replacement so he obtained the services of Tony and Sons. The work was completed on August 17 and Tony went to get reimbursed by the City for 50% of his cost and was told that the City only uses the services of the low bidder who was Kevin Spuller. George explained that he then discussed this with the City Manager who stated that the City uses Kevin Spuller and anyone who has signed up for the sidewalk replacement program would have the services performed by Kevin Spuller and would be reimbursed for 50% of the cost. George then mentioned that Kevin Spuller is not licensed and his Carr Creek business license is void which was confirmed by him with the DLEG. He told Council that he had a copy of Tony & Sons’ license and insurance certificate. He is asking that the City reimburse him $1,020 which represents 50% of the cost of his sidewalk replacement. Mayor Pro Tem Engblade explained that the City tries to get the best rates for sidewalk construction and the people who have been doing it in the past have been doing a very good job. However, he did refer this to the Public Safety and Public Utilities Committee for review."

 

I know George West primarily as a process server for the local courthouse, having utilized his skill in the past a couple of times when I was managing apartments.  He also handles sheriff's auctions of real property, notably handling the sale of 201 N. Washington from Freddy Mac to Heather Venzke and Nick Tykoski   the-mysterious-house-on-north-washington  .  He runs a "West Investigations" company out of his house on South Washington, and last time I ran into him, he was far from being a radical element-- straight as an arrow, like I used to be.

 

From the record, he received a notice from the City to replace his sidewalk according to this policy   Lud SW Replacement Program.  Instead of using the City's contractor for sidewalk installation, due to this company, Carr Creek, allegedly not being state licensed, George West had the sidewalk installed by local state certified company, Tony & Sons, at the reasonable cost of $2040.  He then tried to have the City pay half of the cost, as per city procedure   LCC Sec. 46-71 Sidewalks .

 

The City Manager, that would be John Shay, said that Ludington sidewalks were only replaced by Kevin Spuller (Carr Creek) and those in the program would only get reimbursed by going through Spuller's company, according to West's assertions.  Apparently, George West pointing out the fact that Kevin Spuller's Company is not licensed by the Dept. of Energy, Labor & Economic Growth (DELEG) made little impact on the Ludington City Manager, that would be John Shay.

 

Under Michigan law, all contractors offering to do work which totals $600 or more in labor and materials must be licensed by the Department of Energy, Labor & Economic Growth (DELEG).
  MAHB    (see paragraph 2)  MCL 339.2403

 

Any sidewalk repairs more than 25 feet will cost over $600, so the City has apparently got into a contract with an unlicensed company to do almost all sidewalk replacement work against the dictums of Michigan law.  And according to the City Council Meeting held 11-09-09, low price and licensing weren't the factors in hiring Carr Creek as the exclusive sidewalk replacement program contractor (who hasn't been changed since):  "Moved by Councilor Castonia, seconded by Councilor Holman, to award the sidewalk replacement bid to Carr Creek Construction because of the City’s past experience with Carr Creek and the fact that Carr Creek can meet with the DPW Superintendent on a regular basis whereas, Professional Concrete from Kaleva would only replace the sidewalks when there were several of them in need of replacement. Motion Carried."  

LCC 11-09-09

 

Carr Creek having exclusive rights for the Sidewalk Replacement Program for two years just because of a close connection to the DPW superintendent sounds like it would take competitive out of the competitive bid process, and may smack of cronyism.  Kevin Spuller, even though he lives way out in Branch, until this year was a Ludington public official serving as a boardmember of the Parks Advisory Board until that Board disappeared this year. 

 

Being that Kevin Spuller, and Carr Creek, have decided to be unlicensed (according to George West)and continue to work for the City of Ludington under the strident backing of its City Manager, that would be John Shay, leaves the City once again open to a lot of liability issues   Some Problems w/ unlicensed contractors in MI, as well as has the City of Ludington knowingly violating the law.

 

Here's hoping that Mr. West gets his $1020 and a little bit more for the time and bother that the City Manager, that would be John Shay, has caused him in the simple act of repairing his sidewalk.  And one could only hope that money would come from John Shay's pockets bulging with over $100,000 per year for poorly managing this city.

[Willy]

Who needs to read the LDN when one can get all the information they need from The Torch. Another nice job X. I was listening to a Wisconsin radio channel today and the discussion was about that most towns the person on the radio had dealt with had corrupt  officials. I guess that holds true for Michigan has well.

[XLFD]

Thank you very much, Willie.  Laws dealing with ethics that a city has are worthless if they are not enforced.  And who are the enforcers?  Someone who went to college and got a degree in management, couldn't make it in the real world, and then got into politics (without having received any votes) to apply that knowledge in running a city.  Ethics are indeed optional, as is any knowledge of the law, even though you are the chief executive.  Am I referring to anyone in particular?  Could be...

[Marty Redman]

I read the LDN when I'm up there, and the E edition.  They haven't even touched on this story.  This is potentially big time trouble for any city to hire unlicensed contractors. 

 

I hope they pick a fight with Mr. West and he goes Wild, Wild West on them.  Nothing funner than seeing city ooficials and county ooficials spat- until you throw in a state and federal ooficial.

[XLFD]

This story showed up in the LDN on Wednesday in the "Ludington City Council- Summary of Minutes", it said, quote:  "One public comment made regarding the contractor for the City's sidewalk replacement program."

They kind of glanced over it when you consider they devoted twice as much space to someone complimenting the City for demolishing a burned-out house.  You got to wonder whether they decided to use a licensed contractor for that. 

[XLFD]

Here is George West's appearance at the City Council meeting (starting at about the 6:30 mark in the video, ending about 5 minutes later) where he establishes his case.  This deputy sheriff and investigator puts the Shay machine into a big hurt.  Look for Johnny to very quietly capitulate on this one.

110822lcc from Mason County District Library on Vimeo.

[Willy]

It's going to be interesting to see how the City handles this one. If I were the City officials I wouldn't want George on my bad side knowing he can do a lot of digging into the dealings of the Councilors.

[XLFD]

It's going to be an interesting opportunity to see how strong the bond is between the City of Ludington and the County of Mason.  And it reminds me of my initial run-in with the City Hall clique. 

I had left two piles of wainscoting (paneling) out by the curb after the floods occurred in June 2008.  The front page of the LDN had said there would be a special pick-up for paneling, drywall, and one or two other normally forbidden things, and I prepared the paneling as per the special rules and placed it out the night before.  It was not picked up. 

A few days later, I find a City  enforcement note on a side door saying that the piles needed to be taken care of.  I agreed; but when I called, I was told by Carol Anne Foote that the city never picks up wood, and I pointed out what the newspaper had said.  Apparently, the City has never heard of wood paneling, so she swore up and down I was wrong, and I maintained that the City, via their waste-contractors, was honor-bound to pick up the paneling I had put out. 

She cried to the Fire Chief, I was chided by him, and went to see the Jerry Welton, the code enforcer the next day.  Even with the LDN article, dictionaries with the definition of 'paneling' defined with wood being its usual make-up, my assurance that these piles were put out on time, Mr. Welton would not give an inch.  "Our waste company has never picked up wood."  I not only had to haul my wood out, but had to apologize to Ms. Foote for hurting her feelings by calling the City dishonorable.  It was, is, and will be lacking honor until the current bunch gets out or gets under control.

[AQUAMAN]

I think George West made some very valid and important points, and to me, it's surprising, perhaps shocking, that Mr. Shay and Company didn't come off their haughty policy to state they emphatically do NOT support unlicensed and uninsured contractors of past and recent. Mr. West sought out the best alternative available, maybe should have advised officials for clearance of this in advance, but, communications seem at a loss on the sidewalk work in this particular case. Whose fault, I can't say with the current information, but certainly, the City should NOT have made this an issue at this late date, and after the information provided them regarding Carr Creek's legitamacy issues. Just write the man his check, he deserves that much, esp. after demolishing the sidewalk himself also to avoid any civil complaint and save money on the work. Where's our esteemed leader, Henderson? How come everyone is now addressing their fellow council members by first name, not Councilor so-and-so? I also concur with the NO Wake signage in the channel request, long past due, and in dire need. Posting at the ramps, ok, not the marinas, they already know. The vast majority should be put down the sides or buoys on the channel entering the harbor and down the PM Lake. Those buoys need USCG permission first though imho. Great find and post for the Torch, keeping an EyE on Ludville as usual.

[XLFD]

City Manager Shay and City Mercenary Attorney Wilson are both left speechless as to the concerns of George West, and you can see Shay wanting to talk, but thinking better of it.  After all, this is a public meeting and any flim-flam he might want to say defending his contractor, the City's policy to maintain and push an unlicensed contractor's services, or what he may have said in a 'private conversation' with Mr. West that might fall outside the pale, might reflect poorly on him.

And why does the so-called independent-contractor of Gockerman, Wilson, Sailor, and Hessian, Dick Wilson sit idly by?  Because there is no valid defense to what George West presented that would hold muster. 

[AQUAMAN]

As Wanda and Kaye have both stated on numerous occasions, just attend the CC meetings and you'll make a difference. WTH does this video tell us all? It should be obvious that the CC is turning a DEAF EAR on the public, again and again. George West was basically shut down, and his argument for deferring to a substitute contractor for his sidewalk could not have been more sound and legal, anyway you look at it. But SHAY KNOWS BETTER? Due to a policy that doesn't fit this particular case...wow. Then there is the new CAT Ordinance, another SHAY Follie! A local lady made an excellent case for not having the ordinance, then the very man whom started the CAT complaint also came forward and stated the situation is now under control and the CAT complaint is no longer a problem. So, what does the CC do? Yupper, they go ahead with their "agenda fixed in advance of the meeting" and all unanimously vote YES to passing that sour pill anyhow! WTH does the public need to say, do, witness, and participate in when the damn meeting is "FIXED IN ADVANCE"? I've also witnessed this scenario of warped governing operating for way too long in Ludville, it's time this shoddy type of governing be put into correct perspective, and dealt with accordingly, legally, and with the publics input and participation in greater numbers, and soon imho.

[Wanda Marrison]

What was "agenda fixed in advance of the meeting"?

[Sweater Cows!]

I believe he is saying that the COL council has already made up their mind about these things. correct me if I'm wrong AQ.

 

So, how can any citizen coming to the meetings change or persuade the councils view when they already have decided what they will decide(my add---whether behind closed doors or in their own minds).

 

And the city has hired/approved? an unlicensed contractor? No Bond, or Insurance too?

If the person won't take the effort to get a lisence WHY would the city work with them at all. It is not as if it is difficult to get the license (even I could do it if I bought that thick book and memorized it and took the test, and I have never done that sort of work)---but I know a guy who learned the book only and got his lisence, just to do it, and does not even do that work.

 

Unless the non-licensed contractor is some sort of radical anti-licensing proponent who does not believe in government control of those things(an issue in our industry in Ohio) then there is no reason not to be licensed, and even then, join an org. working to repeal the requirement of licensing or find a different line of work or get legal.

 

And i think any man who is anti-licensing would be FAR from the sort who would take a broad contract with a CITY or ANY gov't organization.

 

Also, what gives the city the right to say who a person can have do the work. A LEGIT way would be for the city to get 3 or so estimates on what it would cost per square foot or yard to do the job, then set a percentage they will pay (or all) to the HOMEOWNER once the job is complete regardless of if thte homeowner has a prefered contractor or s/he does it themselves.

 

The homeowner gets a set amount/square foot/yard once the project is complete, just send the bill to the city and they get paid. It should not matter who does the work, just that it is done.

 

In auto insurance it is illegal for the insurance company to tell a claimant who is to do the work or who they will pay. It is up to the insurer only to re-imburse the vehicle owner, and the owner to reimburse the shop. Even if the check is made out to both parties, the insurer is not liable to the shop, only the vehicle owner.

 

Same should be here, the homeowner gets re-imbursed for their "loss" and they pay whoever fixed it(no matter who it is, even themselves), the city could require a reciept for the work from the person who did the job and that they have been paid by the homeowner, then city pays homeowner. Or have a form for the homeowner to re-direct payment to the repairer if they cannot pay at time of job.