Scottville City Clowncil Meeting, October 4, 2021: Juvenile Delinquence

The 1506th regular meeting of the Scottville City Commission (aka clowncil) convened shortly after 6:30 PM on Monday October 4th with a modest agenda and a modest sized crowd at city hall.  The first three items the clowncil considered promised more money coming in to the city's coffers, the fourth was to spend some of that money on engineering fees, and the last item was to figure out when to hold trick-or-treat for Scottville.  

The road to conduct that business was more interesting than usual.  All clowncilors were present but there was a noticeable lack of police presence during the first part of the meeting with Chief Murphy absent even during his time to give the SPD report, he would arrive a bit later on with quite a bot of stubble, apparently getting an early start on No-shave November or auditioning for an undercover narcotics operation.  

            

He didn't miss much.  After ignoring the usual public comment period, City Manager Newkirk spoke of applying for reconstruction of the railroad intersection on South Main Street, which would effectively be done without any local funds if approved.  Other than that there was no other reports of interest or correspondence, which led to the first item of business.

After looking over the economics of Riverside Park campsites, Clowncilor Alway made a motion to eliminate seasonal campsites.  Notably, he had also wanted to eliminate monthly rentals at the last meeting as well, but that was shot down in a 3-3 vote.  The mathematics seems to be favorable for offering monthly sites, but even if the seasonal sites are occupied only 52% of the time by non-seasonal campers (the rate at which other sites are occupied), they will gain about $12,000 per year.  Their vote makes economic sense.  Only Commissioner Seiter would vote against the motion.

The clowncilors then voted to add delinquent and outstanding lot lawn mowing services and water bills as special assessments to the city's winter taxes.  These weren't controversial at all, but the city attorney noted that the included vote of 7-0 should be removed from the resolution before it gets approved (as noted here); Clowncilor Alway noted that it turned out to be true after everyone voted to add the $5000 to the delinquents' winter tax bills.  The same vote happened with the water bills with the city manager noting in both cases that the mowing services and water use bills have already been shouldered by the City of Scottville, this was just a means to recoup their money.

The clowncil was visited by two representatives from engineering company Fleis and Vandenbrink to revise the water system asset management plan at a cost of $4200.  This plan will effectively prioritize the places where water infrastructure needs to be maintained or replaced, with recent water main issues where the pipes were thought to be recently replaced, most officials considered this a wise investment.

Their last order of business was setting the night for area trick-or-treating.  With the school superintendent hoping the COS would coordinate the annual kid pilgrimage with the school's trunk or treat activities happening on Saturday the 30th, Clowncilor Alway made a motion for that day.  After a brief discussion effectively in favor of that day, the motion passed 7-0.

Then came the interesting part of the meeting, the public comment.  This reporter couldn't make out the name of the first person other than Susan, but she made a very smart argument for the minutes to reflect votes on issues when they are not unanimously made, noting that state and federal legislative bodies have their personal votes published in their minutes and registers.  When the clowncil had time to respond to this logical point, Clowncilor Alway focused on one of her minor points, in that one who makes a motion or seconds it does not have a duty to vote for it later on.  She never averred that was the case. 

The council packet including the minutes from the last meeting shows that a 3-3 vote on seasonal campsites did not show who voted for what.  You would think that if a city clerk charges the city treasury 7.5 hours of overtime for writing up minutes that could be drafted by a competent individual at the meeting, that she could at least enter something this relevant.

The second speaker was former Commissioner Sue Petipren who advised that trick or treating always in her memory took place on Halloween in Scottville, and she was understanding but a little upset that the day for that was moved without the consideration of tradition.  This pumpkinhead has to agree with that, tradition trumps convenience.  This clowncil would likely put the celebrations for Christmas on Saturday if it didn't fall on that day this year.  The good side for area kids is that they can have two days of real trick or treating this year if they hit Scottville and Ludington.

The third speaker was seasonal Riverside Park camper Al Erickson, who made a passionate argument (after the fact) that the park should keep seasonal spots open, mentioning his own personal reasons for being a seasonal camper there over the last few years.  

All of these plain folks made points that could have been best presented before the clowncil conducted their business, as the city charter guarantees.  They were relegated to the end of the meeting where the clowncil could either ignore them or misrepresent them as Mr. Alway did, without fear of rebuttal.  This continuing violation of the Scottville city charter served as the inspiration for my comment, the three folks speaking before me only added fuel to it:

XLFD:  "I think the three speakers that went before me illustrate the point I'm to make.  When the Scottville City Clowncil unlawfully decided to effectively amend the city charter with a simple consent agenda vote in April, the resolution passed showed that the attorney who drafted it had no idea of the legal definition of procedure.  In the city charter it delineates a numbered procedure to follow in order, if that isn't clear enough, all commission meetings before 2021 followed that process in order, additionally throwing in a public comment period at the end of the meetings too.  

A procedure is defined as a series of actions conducted in a certain order.  Your city attorney likely understands that in legal procedures, sentencing does not come before a trial, nor does a guilty verdict come before a complaint is filed.  Much earlier and much wiser city officials realized that their accountability to the public would be better served by hearing the citizens before they conducted their business, business that often affects the public who elects them to office on the understanding that they will want to hear what the public is saying. 

Mayor Spenser, Vice mayor Alway, and the rest of the clowncil, show by their ignorance of their own charter, whether intentional or not, that they have zero interest in hearing what their constituents want as they break their oaths of office.  By the timing of your breach of duty back in April, it strongly suggests that you decided to clip the public's right to speak at the lawful and proper time as a response to somebody regularly coming in from Ludington and claiming city officials were guilty of various crimes against the public trust.  

That man from Ludington must have an awful lot of power to force all city government officials to unlawfully violate their charter and consequently their oaths of office.  The problem is that he only has the power to state the obvious truths that stand without refutation by city officials and are solidly backed by documentation.  It's not that man's power that has led this clowncil down the path to infamy, it's this clowncil's collective weakness, poorly supported by a city attorney who has little knowledge of municipal law or legal definitions.  Thank you" [END comment]

Will the corruption-soaked clowncil continue showing weakness by shying away from the public they supposedly serve at these meetings?  Will they get the fines for their violations of the charter added to their winter taxes?   Will the strength of the public eventually rise up to fill the power vacuum at city hall?

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Good comment. X. I hope that the Scottville councilors come to their serious senses to give the people they represent a voice before they vote.

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