Ludington City Council Meeting, December 4, 2017: Competing Agendas

The Ludington City Council appears to be driven primarily by unelected leaders of city hall, and to a lesser extent, interest groups and cronies that seek favor from those leaders. When was the last time you heard an initiative proposed by a winning city councilor, mayor, treasurer or clerk candidate during campaigning that was actively and actually made into city policy or legislation after their victory? If you come up with a nothing-burger over the last ten year period plus, I must admit a similar result.

I am ill-at-ease for having three seemingly arrogant and corruptible people originating from much different parts of the state moving here after the millennium and being the key policy-makers for Ludington over the last dozen years. I am not suggesting that out-of-towners should have no say in what happens with Ludington, that would make us a bad host. What I'm suggesting is that it is the ultimate in being a bad guest for somebody to come here and unilaterally take command of what is to be done in the host's house, using the host's money, and being unconcerned about the host's opinions and taste.

So whether it be City Manager Shay, LPD Chief Mark Barnett (both from SE Michigan), or Community Development Director Heather (Venzke) Tykoski (from the GR area) setting the standards, what often is left for lost is the legacy of Ludington and its citizens, while they try experiments to make the town better in their eyes-- themselves having their own legacy of failures on many fronts.

The matter of legacy wasn't on the agenda, but it was in the first public comment period, which I brought up a couple of expenses dealing with Legacy Park. expenses that should not have been borne by the taxpayers-- according to CDD's Tykoski and DDA's Tooman.

December 4th, 2017 Ludington City Council meeting from Mason County District Library on Vimeo.



XLFD: (2:25 in) "In reviewing the payment of the bills invoice distribution report for this meeting, I noticed in the DDA operating funds the spending of $2000 to the local Lake FX Media LLC in making a Legacy Park Fundraising video. Back in August, I had mentioned the use of $248 for a Doppel Dock meeting at Jamesport Brewing Company was a misuse of public funds by the DDA, and one of many examples in these reports that contradicted the city's independent contractor Jen Tooman's statements that Legacy Park would only be supported by private contributions, not public funds from the DDA or the city.

At the end of that August 28th meeting, Councilor Johnson and John Shay tried to say the $248 payment was for alcohol spirits for a party held more than three months prior, more than two credit card billing cycles previous to the August meeting where it came to the council for payment. Under further inspection, this city credit card charge payment was made by the city's independent contractor, Jen Tooman long after the Doppel Dock party had been held, paying to a business she had worked at for many years. What was the contractor doing with a city credit card in the first place? There's a lot of layers of bad public accountability practices here that could only happen with the consent of administrators who condone such corrupted policies.

Spending $2000 of DDA funds for a Legacy Park fundraising video is just the latest installment of this city's episodes of using public money for purposes that defy city and state law, defy city official's words, and defy common sense and sensibilities. This includes the $220 donation from the public body known as the DDA to the Shop with a Cop program funneled through the Walk of Trees program I mentioned at the last meeting without refutation as to its illegality and inappropriateness.

Nor is there reason, your Honor, to continue to ignore the $1430 unaccounted for in the last year's Shop with a Cop program. The good people who donated last year and this year deserve to hear why some city administrator took that charity money away from needy kids without facing the consequences of their actions, thereby sullying the reputation of that charity in Ludington and beyond. Thank you."

Whereas the assertions against Tooman and the use of public funds was never addressed during the meeting, City Manager Shay did respond to the Shop with a Cop allegations near the end of the meeting.


Jefferson Henry of the Pere Marquette Lake Watershed Council went next at 5:15 in to praise the city clerk and alert the officials that his group was set to release a video regarding the PM Lake that they would be interested in, but may not fully appreciate dealing with the WWTP discharge into that lake. Though the video was not timely released the next day, the 13 minute video should be enlightening on several fronts, from what I got from Mr. Henry after the meeting.

The City then went into a public hearing on the budget, with John Shay saying little about it, relying on his presentment of the previous week. Tom Tyron spoke first, stating he didn't like the city being in the red for this and next year. Then came my turn:

XLFD: (10:10 in) "A $5.6 million budget can be somewhat unpredictable in practice, but it should be noted that two years ago, John Shay was telling us of tremendous $100,000 plus deficits coming in 2017 and 2018 that would make the City dig deep down into their rainy day funds. Yet, just recently, we've been told that in 2017 the City actually had a surplus.

Late last year up to earlier this summer, we were told there would be a $264,000 deficit in 2018, a number capitalized on by our city leaders trying to discover new ways to take even more money from the citizens whose sewer bills will almost double over a period of three years in order to pay for the city's long-term neglect of the Wastewater Treatment Plant. Mysteriously here at budget time a couple months later, the deficit has shrunk to $50,000, or $68,000 depending on the source.

The city manager gave us the budget message at the last meeting but never explained the $200,000 discrepancy in numbers for 2018. One would think that finding nearly a quarter million dollars, or about 4% of the budget, to nearly balance the ledger would warrant some explanation when it isn't otherwise clear where that money came from or where the cuts came from.

The easy fluidity of the numbers of the budget along with the poor accounting practices I noted in my earlier comment and throughout the year, should be of great concern among those citizens and councilors who want full accountability and sound management decisions for every tax dollar spent. Thank you for any further explanation."

To John Shay's credit, he did describe a fair variety of factors that added up roughly to the difference (something that might have been added to the budget message for clarity), right after John Terzano gave a surprising endorsement at 12:00 of the benefits of the city's employees, encouraging the council not to balance the budget on the backs of the city's workers and provide them with a living wage. While I would generally agree with the sentiment, the fact that city employees have fringe benefits at a level much greater (75%+ of wages) than the Ludington public and rather generous wages to boot.

If Mr. Terzano compared similar jobs in the private and public sector of Ludington, I think he would be surprised at just how livable of a wage City workers have. He may have also been fed some propaganda by Curt VanderWall who attended the meeting, sat by Terzano, and who was there pushing legislation to secure retirement benefits for local government employees in Michigan, even those who have recklessly handled their entitlements, like Ludington has under Shay. Shay and Councilor Krauch continued the love affair with the oft-ignored employees before the budget was passed unanimously.

The City Clerk and Treasurer had their salaries raised by 2% by the usual December ordinance establishing their compensation. They then retracted a tax break for a planned development at 424 S James, basically because they did not qualify as they had residential units. Don't worry, they may qualify for other tax breaks.

No other business on the agenda, they went to the second public comment period. Fourth Warder Chuck Sobanski led off with an appeal to the council for a Christmas ornament for the ward on the corner of Second and Madison, where the reopened Fourth Ward Market sits, he even said he would pay for it and complimented them. This seems to have been received well.

Then it was my turn, I addressed a familiar topic with a recent optimistic turn taken by the State:

XLFD (30:00 in): "The City of Grand Rapids is doing something extra special this holiday season and beyond, and I know that many on this council look to GR for guidance and inspiration on many issues. With little fanfare, the city's water department changed its practices since April to pick up the entire cost to replace lead service lines even the portion beyond the city shut off valve which is privately owned.
The switch foreshadows a looming change in state policy and follows a DEQ directive from March 2016, instructing water systems to stop conducting partial replacements of lead service lines, which can create a worse problem. Should the state rules for cities pass, Ludington could be required in the near future to fund the replacement of every lead service line in the city over the next 20 years; in the meantime, a desktop audit of all service lines would be required under the rule changes the state is considering. The data sharing agreement you signed onto at the last meeting will tie into that audit.
Earlier this year, I humbly asked that the City of Ludington make it a policy to exchange out lead goosenecks when they come across them on water mains in the course of their work for the sake of our kids and their kids. It looks like the State is planning on making them do that and more, to the 80 year old plus pipes that have stunted our citizens growth over that same period and helped push Ludington kids to the top of the State's elevated blood lead levels for too long. Get in front of the changes like Grand Rapids. Thanks."

I was barely able to sit down before Councilor Kathy Winczewski rose and got some old lead pipes from a cabinet near the overhead projector. While she prepared her visual aid, Councilor Krauch endorsed Sobanski's suggestion before Shay weighed in:

Shay: (34:50) "The allegations that the City or more specifically the DDA is illegally spending money on the Walk of Trees program, and that's related with the Shop with a Cop program, and again, we've had some unfounded allegations that we are improperly spending money there as well, with respect to the more recent "Walk of Trees" issue, the Walk of Trees program for those who don't know, Needlefast Evergreens or Nickleson's Trees donated Christmas trees for those in need, and they had some stores donate lights to the trees, and in addition to that, I believe it was 14 individual businesses donated $20 each or $280 total for the decorations.
So those trees are right now in the James Street Plaza, and then those families who are participating in the Shop with a Cop program, those trees will be transported (I believe Nickleson's will be doing that) Nickleson's will be transporting those trees to people in need, so the DDA has issued two checks, one was in the amount of $220, one was in the amount of $60, for a total of $280, and we have received $280 in donations-- so basically the DDA was spending the donated money (watch the odd facial 'tells' while he talks here) as it came in for these families that are in need that they could have a decorated Christmas tree for the Christmas holiday. I don't see anything wrong with that, and to say that the DDA is spending money without the donations is absolutely false...
Councilor Les Johnson: I just want to be clear, John; that has nothing to do with the taxpayer money?
Shay: No, the money is coming in from donations, we take that money and then spend it (cross talk) And this was brought up to Mr. Rotta last year, which, you know, he is conveniently forgetting to mention that we did receive money for the Shop with a Cop and we spent all but roughly $2000 of that money, that is going towards today, it's not going for any other purpose. For him to say otherwise is false.

After that it immediately segued to Councilor Winczewski with another attempted refutation, this time about lead pipes; this went on for a while and contained a lot of misinformation doled out by this former chemistry teacher and will be analyzed fully in That Sinking Winkie Feeling. Suffice it as a teaser that she exposed a lot of folks to danger. Shay chose his words wisely to supplement her words, before the council adjourned.

John Shay's defense of donations falls short on believability and what one should expect from a public body. For his refutation, we need only seek this link from Ludington's City Attorney, aka Mika Myers called "What Constitutes a Lawful Use of Public Funds?" The lengthy article says, among many other things: "outright donations of public funds for charitable or similar purposes is not permitted, no matter how worthy the cause may be.". When money enters the general fund of the COL or the DDA operating fund, it is a public fund, no matter how it got there.

The legal article explains the Michigan Constitution section (IX,18) that involves lending credit and summarizes: "the opportunities for a local government to make a contribution that would serve only a generalized public-wide purpose are very limited. A local government should not make any expenditures of this type..." There was no reason for the '14 businesses' donating money to the City through its DDA; Needlefast Evergreens had their own donation receiving enterprise on their website and via the phone. It was unlawful to use the DDA as a totally unnecessary middleman, just as it was to use the COL's general fund last year for the SWAC program.

Shay makes a suggestion that I am saying the $2330 overage last year is not being used for the SWAC program this year, and I have never alleged that, simply because they haven't did the program yet for this year, so that cannot be determined. I am certain that the records of last year had that overage, plus two $250 Walmart gift certificates that were portrayed as being used, but there is no record of what it purchased, or anything pointing to where it might have went.

And there is another $900+ in a Meijer gift certificate which was also portrayed in the records as being spent, but it definitely wasn't on the SWAC program, nor do we know what was purchased. Chief Barnett earlier this year intimated that amount of cash was used for the "Stuff a Blue Goose" program in the purchase of toys to stuff in a MSP vehicle. There is no verification of that, but even if there was, it would have been a misappropriation of SWAC funds (which were apparently housed in the general fund during that time) donated to a MSP program.

So as you can see (and will see in the lead article) the city's agenda, which included the budget and other meaningful issues, was overshadowed to a much larger extent by the discussions of the agendas of common citizens, like myself, Sobanski, Terzano, and Henry. This is a good sign that the agendas of our three agenda-driving guests can eventually be overcome.

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shame on all of them. absolutely appalling.

And the fact that Ludington has employed an out of town City Attorney brings the count of invasive species to 4. Foreigners ruling Ludington has been a war cry for Aquaman for years. Something I must agree with. But unfortunately the lazy voters have elected lazy City Councilors who, instead of doing their jobs, have eagerly turned their responsibilities over to other people who ran away from their own home communities and who have now found a community willing to eat the BS they freely give out. The old saying about getting what you vote for could be an eye opening campaign slogan for some locals seeking election to the Council in the next election. I must say again X that this is another stellar Council report. 

It makes sense that Shay and the gang want money from SWAC and any other charities to be handled by the City because it makes them look good. They can say, "look how good and generous I am, I help little kids and their families". It doesn't matter that they are bucking the rules because all they can think about is how magnanimous they appear to the public but you have exposed their slight of hand maneuvers.

Well said guys. And I must also comment on a few things I noticed too: where is CC Rathsack? Hasn't been to the last 3 mtgs., that's 6 weeks absency! Sick? Fed up? Not representing the 1st Ward per his election, and that's not acceptable imho. Brandy? Gone completely MUTE NOW? Bourgette? Where's he? Was just appointed recently, and missing already? And Moonbeam Cathy is now a lead goosemeck expert too? She makes silly points about Lud. replacing all the lead pipes since after WWII, in the 30's. Fyi Moonbeam, your history is way off. WWII ended in 1945, not the 30's. And furthermore, I don't believe Lud. replaced any before the 90's, and still Shyster said in earlier mtgs. that they would NOT replace any past the city valve, NOT on private property, as Shyster Shay said they are doing now. Speaking of the Shyster, again, giving his dirtiest stares at X at start, middle, and end of mtgs., and also says X is not credible regarding funds of the public being spent on charity. Question: if only 60 families got the SWAC meals, how come only 14 families got 20 trees in the walk tree program? And why would private corps. only give a scant $20 donation? That wouldn't even pay for 1 family meal. Where did that amount come from? And as I said before, if Nickelson's donated the trees to start with, and delivered them, why do they need any donations from the public to begin with? A LOT of unexplained budget items that have lost me, and if the Copeyan Park fishing dock can't be fixed for 3 tens of 1% of the $5 Million budget, that alone should give reason not to approve that expensive over the top budget for 2018.

And, if you get 7 persons in a room to agree or disagree on ANY Subject, you can Never Get Them ALL to agree on anything, at the Same TIME! How come the Lud. CC almost ALWAYS Agrees on everything ALL THE TIME? Anyone else wonder that silly question?

Programmed Robots is what I say, in all earnest, has to be, because this isn't normal human instincts or reactions to ANY proposal. And yet it has been the standard operations for years now.

It's easy to see why the decisions get made in these committees and get transmitted across the full council before it see the light of the city council meetings.  They often hold these committee meetings one right after the other, with little concern about 'holdover' councilors sitting in, and no concern that inter-committee matters are discussed between councilors between or after meetings.  These committee meetings are far from being strictly of advisory purposes as they are portrayed as being, nor do they conform to the Open Meetings Act as they have insisted they do.

The common denominator in all of this is Shay. Whatever comes out of the committees and how information is interpreted, approved or disapproved is Shay's decision. That's why the total agreement between the Councilors is so obvious. If Shay did his job as he should and the Council did their jobs as they should there would be open discussions not only between the Councilors but also with the public.  Brandi Henderson tried to involve the public but was quickly silenced. In my opinion she was told to tow the line or there would be no further support for her political career.Not from the City, LDN or the major players in the business community. Brandi doesn't realize that she started out to be an authentic representative of the people but her political ambitions came before the people she represents so she buckled under to pressure put on her by the establishment. To bad for the public.

Very true Willy, all I see is that Shyster makes continuous recommendations to the council to approve this that or the other thing, and then the entire council votes it in. Is there any place online that people can go to see the time and dates of the committee mtgs.? It should legally be posted so the public can attend, right? I think that is the main place to go to investigate what's going on behind closed doors, if the public is allowed to attend, then go to council mtgs. on Monday nites afterward. The Parks committee would be where I'd recommend going to learn why they can't budget the fish dock at Copeyan Park for repair this winter, and Krook Krauch is the chair of that I believe.

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