Unbelieveable! The COL and their censorship about the PM Bayou!

[jfc123]

I spoke out, rather nervously, since this is not what I do on a daily. The shock and awe that I saw when I replayed the video vs. the minutes in the meeting, WOW!!!

Minutes:

John Chippi, Macomb Township, representing Tamarac Sportfishing Dock owned by John and Diane Chippi, commented on the 2008 storm where the wastewater treatment plant failed and took out the sewer line out along with dumping 15 million gallons of raw sewage into the PM Bayou. He noted that nothing has ever been cleaned up or done in the Bayou. He stated that this has put his parents’ business out of business. The City has dredged the City Marina and is looking at potentially upgrading the City Marina, but nothing has been done to the Bayou.

My comment starts at 1:43:37 ish.

I thought this was public record? A legal binding concern? Maybe just not in Ludington where they twist your comments? I don't need more of them to put words in my mouth!

Absolutely nothing like what I said! The 1.2-1.8 million left out. The 2-3 times they dredged their own marinas. The fact that Madison road is still in the bayou along with the several of our docks, RAW sewage, several times and that they ran w/o a wwtp permit for 4 plus years and are working on a temporary one because I complained that they did not have one? Also deleted was that we have not had any communication since 2013. This is where the kayak man should have launched, in safe harbors!

All we want is our property restored to what it was prior to the failure of your waste water treatment plant! How hard can that be in this city that only knows how to spend your tax dollar. I can not get over the comments in another thread that one councilor said most signers are tourists. Most that love and want the west end project axed are locals because the stupidest thing in it is cutting parking! That area needs more parking not less! The tourists that signed stay up so they can get first dibs on the state park camp sites. Sad he has no clue?

[jfc123]

Thank you for that info X! This is the smoking gun! Misappropriation of funds cut and dry. All the proof is there thanks to the recent MDEQ report that states that the bayou has been untouched!

Where did the $140,000 go?

Maybe the state AG will find out?

Corruption! No wonder they edited my comment!

[shinblind]

Am curious about something jfc

How is the deed to your property written up?  For that matter what about the other owners of the bayou?

I know a lot of waterfront owners title give them property rights to the water's edge.

(I also know people who still hold title to land that were submerged by impoundments.)

If your title description and others is the water's edge then the bottom land under in PM Bayou would be considered State Land or possibly City Land.

It would definitely change the ...landscape. 

[jfc123]

Interesting point shinblind, will look into that, I thought that the old land rights projected into half way into the bayou so the whole east end would be ours except for a sliver owned by the COL. Minus of course the two land owners east also. One thing I do know is there is a lot of city property (Madison street and all of the rest that went in) in the bottom of that bayou along with some of our docks and a big bunch of better cover our ass because the fraud has been exposed!

There is a reason the cities master plan wants our and all of the others property there.

[Willy]

It seems to me that if you own to the center of the bayou then the mess on the bottom would most likely be considered yours. I'm also assuming that what happened when the drain busted and washed into the bayou would be considered an act of God, and again I'm assuming the City would not be liable for a clean up. I hope you own only to the water's edge.

[jfc123]

Like I said Willy, I am not sure but God can not make an undersized waste water treatment plant fail due to being over taxed.

If I had a heart attack and ran my car into your home, also an act of God, would I not, or my insurance of course, be held accountable? And could I leave it there for going on 8 years now?

Did we put the Creamy Corners drain there? Do we maintain it? Comon! This is a stretch. If it was our fault our insurance would have fixed it, but it was not.

If this drained into the city docks what do you think would have happened?

[Willy]

I don't mean to be negative but as it stands I think that all of the possibilities  should be considered. Have you contacted an attorney? I would check your deed and determine where your boundaries are located. Then if an attorney says this is the City's responsibility I would take it to court because it doesn't appear that Shay and the Council are taking this seriously.

[shinblind]

I wonder if the fill they put where Madison washed out after the 1986 flood wasn't contaminated  by carcinogenic material.

Recall that Karboske had the bottom soil tested after the 1986 washout and it was "clean" to dredge. When he tested it after the 2008 flood event it was contaminated. What was the phrase they used, "No Human Contact".

Either the carcinogenic material came from the drain or fill.

If Creamery Corner Drain tested clean for carcinogenic material upstream from the old City Dump and especially upstream from Madison, then one would have to suspect the fill material used in 1986 was contaminated. 

In that case an act of God defense has less standing.

[XLFD]

If I recall correctly at the bayou meeting in July 2013, City Manager Shay was putting forth the point that if there was to be work done at the PM Bayou that the city's portion as a stakeholder would be very minor (less than five percent) because that was the frontage they had at the bayou.  The city's position, was that work done should be funded in a proportional basis like this, if they were not capable of getting grants or support from the state.  That may be the case for some considerations, but what if only one of the owners was responsible for the contamination they must resolve?  Shouldn't they be more, or even solely liable for cleanup?

Neither the state agencies or the private marina representatives legally debunked the city's idea, but one would think that if the city and/or county was complicit in allowing the contamination to take place, that they would have more culpability.  A nearby city dump and lax pollution regulations at nearby industrial sites before the area became a marina Mecca are indicated as the source for some of the heavy metals in the sediments. 

[AQUAMAN]

You are a very well read and intelligent individual Dianne, & I applaud you for revisiting many of the Torch's archives to get the entire perspective of our endeavors around Ludington for many years now. It's was obvious in 2016 as it is yet today, that fraud and malfeasance of funds to clean up the PM Bayou happened, and where did the money go? Someone, or several people, know exactly what happened. Like I said earlier, jfc123 should hire a good attorney, and start legal actions against the city, and John Shay personally. It will be the only way to sort this huge mess out.

[AQUAMAN]

Dianne, thank you for the compliments, a lot of credit also goes to about 3-4 dozen other individuals that contribute to the Torch in great ways. You'd be surprised by all the Trolls we've had to endure since inception, maybe 200 or so. They usually just come here to violate other members and the terms of service, and never read the archives, links, documentation, and stats. to prove whom is on the ball with facts. It's X in a big way that investigates for many articles that are worthy of reading, thanks.

[jfc123]

Thank you for your interest in this Dianne! Why did they not do the right thing back then, all I can hear is a backroom conversation saying, Imagine one less marina and all the charter boats we will get! Although they were limited to how many they were supposed to have in the first place, which was never followed! It is clear and concise corruption that  they left us to rot, and they probably searched our bank accounts and seen we can not afford a lawyer! I pray karma pays them for what they have done to us! Government crushing small business is sickening! Also Aquaman than you for your kindness!

[Brad]

Again sorry for what your family has and is going thru.  I still hope for the dredging to happen in time before all is lost.  I also still wish your family would of been able to afford to go after the COL, MCDC, DEQ, etc.  As of right now I am thinking of the disrespect your elderly parents has gotten from Shay and Krauch.