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Corruption Runs Rampant In City
IRONWOOD, MI - Tuesday, August 25, 2009 - The Ironwood City Commission held a regular meeting on Monday, August 24, 2009 in the Commission Chambers on the second floor of the Ironwood Memorial Building. Commissioner Suzanne Toth, acting as mayor in place of Mayor Bruce Noren who was excused, opened the meeting at 5:30 PM with the Opening Prayer and the Pledge of Allegiance. City Clerk Karen Gullan recorded the roll. Commissioner Bob Burchell and Mayor Bruce Noren were both excused. Following the recording of the roll, Acting-Mayor Toth moved on to the Consent Agenda. The Consent Agenda is supposed to be a list of mundane, routine items that should require no discussion. The following items are on Monday night's Consent Agenda: Consent Agenda
Before voting on the Consent Agenda, Toth asked Commissioners Laabs and Lamb it they wanted anything removed from the Consent Agenda to the regular Agenda for further discussion. Neither Commissioner expressed an interest in amending the Consent Agenda. Toth then asked the citizens in attendance if anyone wanted to have any items removed from the Consent Agenda to the regular Agenda. Steve Frank, seeing errors in the minutes from the previous meeting, asked to have item #1 moved to the regular docket. The Commission voted unanimously to approve the amended Consent Agenda. Financial Report Financial Director Julie Frederickson presented the monthly cash reports to the Commission and explained that the City was flush with funds at this time because of generated summer tax revenues. Commissioner Laabs questioned an expense for asbestos removal for the Aurora Street building that was torn down earlier this month. He asked if the County was going to reimburse the City for that expense. Frederickson explained that the funds have already been paid back to the City by Gogebic County. The Commission unanimously approved to place the monthly cash reports on file. Approval of the Agenda Toth asked City Manager Scott Erickson if he had any additions or changes to the Agenda. He indicated that he had none. None of the other Commissioners had anything to add either, so the Commission voted on approval of the Agenda as presented. The Commission voted unanimously to approve the Agenda. Citizens On Agenda Items Toth asked the audience if anyone wished to speak on agenda items. Steve Frank asked to speak on the SISU Ski Fest; the minutes from the previous meeting; the Comprehensive Deer Hunt; and the Closed Session Union negotiations and "the purchase price of tax reverted properties and matters exempt by State Law." Toth asked City Attorney A. Dennis Cossi if Mr. Frank was allowed to comment on Closed Session matters. Cossi told Toth that he had the right to speak on any agenda item. Jackie Powers asked to speak on the SISU Ski Fest. Update on SISU Ski Fest Morgan Grasso gave a presentation showing the proposed route for the January 9th cross country ski event. A map was taped to the wall and Grasso indicated where the racers would be traveling. According to Grasso, four City streets will be crossed during the race. He said two pieces of private property would also be used -- land behind the Lighthouse Family Church and property owned by the Ironwood Area School District. He told the Commission that both private property owners had no issues with them using their land for the race. Commissioner Laabs asked if the City Garage would remain accessible throughout the race. Grasso indicated it would. Laabs also pointed out that the wood from trees that are cleared from the area could be sold or donated to someone and that Eric Anderson and the SISU organizers wouldn't necessarily have to pay stumpage charges. Commissioner Lamb asked if the School District had any problems with trees being cut on their property. Grasso indicated that the School District was in agreement. He also indicated that Pastor Rouse from the Lighthouse Church also approved the organizer's plans. Commissioner Toth asked if there were any other private land owners that would be impacted by the ski trail. Grasso indicated that Hovey was one, and he had contacted someone on that land. (EDITOR'S NOTE: Hovey no longer has interest in the Ayer Street property as their Option has run out.) He said most of the land was City-owned so it wouldn't be an issue. Scott Erickson pointed out that part of Lahti's land would also be used. Grasso agreed. Toth then asked Grasso at what point snowmobile traffic would be restricted due to the race. Grasso explained that he wasn't actually in charge of that issue... Eric Anderson was... but he believed that about a week prior to the race restrictions would have to be imposed. He also indicated that Anderson would probably be grooming the track thoughout the winter prior to the race, but would discontinue doing so immediately after the event was completed. Ironwood Public Safety Director Bob Erspamer asked about the road crossings. He said he had hoped the organizers of the race would have taken the time to contact him to establish how the crossings would impact traffic flow. He indicated that some of the roads that will be crossed could be closed with detour routes signed for local traffic. Jackie Powers raised a question of protocol as a member of the Planning Commission. She pointed out that any significant changes -- cutting trees; excavating; building; razing; on "open land" requires a site plan that is supposed to be submitted to the Planning Commission. She explained that more precise documentation would be required than what was presented at last night's meeting. Powers asked if Ski Fest intended on submitting a site plan or if they were even aware that such a plan was protocol. Scott Erickson agreed with Ms. Powers assessment that a site plan is required anytime changes are made to the surface of land zoned as open. Erickson told the Commission that he would insure that a site plan is submitted to the Planning Commission. Steve Frank asked Grasso why the Department of Enviormental Quality (DEQ) permits were posted on along the proposed trail. Grasso said he believed they were posted to insure that any wetlands issues were addressed. He made it clear, however, that Eric Anderson would be the best person to talk to about that matter. Frank noted that he was aware of vandalism along ABR's private land, and he asked what actions, if any, were being taken to investigate the crime. Grasso indicated that he was not the person to ask. Grasso stated, however, that no traffic on the freshly cut trails would be allowed. Laabs asked if the trail could be used for other things -- biking, hiking, snowmobiling, etc. -- after the race. Grasso said that the race was a one time each year event. Laabs also indicated that he would like to see as few trees cut as possible on the land. The Commission unanimously voted to approve the plan as presented, pending the approval of the Planning Commission. Approval of the August 10th Minutes Commissioner Toth gave Mr. Frank the floor to discuss the Minutes of the August 10th meeting. Frank indicated that the recording of the roll states that Bob Burchell was absent, which was untrue. City Clerk Karen Gullan told Frank that she realized the error after printing the minutes, and a change had already been made. Frank also indicated that on "Item F, Update on the Caves Area," the motion was for the passage of an Ordinance and that isn't reflected in the Minutes. Gullan said it couldn't be an ordinance because it wasn't assigned a number and no public hearing took place. Attorney Cossi pointed out that an Ordinance and a Resolution are essentially the same thing, except for the fact that an Ordinance has penalties for violations. Frank pointed out that there are penalties for not following State Laws related to the use of the land. Frank explained to Cossi that it was clearly stated that the Commission was voting on an ordinance. Toth tried to interrupt Frank saying, "Commissioners..." Frank continued by saying that under "Item S, Other Matters," the minutes state Ms. Toth "requested" staff to create a list of saleable properties when, in fact, she "directed" City staff to do so. Frank indicated that there is a significant difference between the two terms. Attorney Cossi told Frank that a single City Commissioner doesn't have the right to direct City Staff. Frank agreed, but he said the minutes don't accurately report what actually happened. Ignoring Mr. Franks concerns, Commissioner Laabs made a motion to approve the minutes with one correction -- that Commissioner Burchell wasn't absent. The Commission unanimously approved Laabs' motion. Water Main Value & Hydrant Replacement Bids Scott Erickson told the Commission that the City has been working on replacing fire hydrants for the past two years. This year he suggested replacing 10 hydrants and up to 10 water valves. Erickson indicated that he would be working with Bob Tervonen to determine which hydrants and valves should be tackled first. Commissioner Lamb pointed out that this was part of an overall plan to eventually replace all of the City's hydrants. She noted that this year there were only 10 hydrants instead of the usual 20 the City has been trying to correct yearly. Erickson indicated that this was partly due to the Jessiville and Norrie projects that would be replacing these items anyway. The Commission unanimously approved the advertisement for bids for hydrant and valve replacement. Northwoods Paving v. Angelo Lupino Scott Erickson requested that the Commission grant the low bid of $806,904.75 for the 2009 Local Street Paving Project to Northwoods Paving. He indicated that the bid was for "overlay" and not for complete street reconstruction of several streets that are primarily North of US-2. Erickson indicated that the utilites on the streets planned are in relatively good shape, so he doesn't anticipate any major problems with water breaks, etc. Erickson told the Commission that the focus was North of the highway because the water-sewer project planned for the next couple of years will tackle streets in Jessieville and Norrie (south part of town). Erickson said two bids were received for the project. In addition to Northwoods Paving, Angelo Lupino submitted a bid for $848,469.25. He said, although the bids were close he was recommending that the Commission approve Northwoods Paving. Erickson indicated that funds are available for the project. He also indicated that no overlays will be done next year because of all of the water-sewer projects that will be underway. He said cash on hand equal to next year's contribution will be added to this year's project. According to Erickson, the bid specifications required all bidders to submit an "asphalt mix design" to meet MDOT requirements. He said Northwoods Paving never provided the design with their bid, but he said the company assures that one would be made available if they get the bid. Angelo Lupinio was in attendance, and he pointed out that his bid was only .5% higher than Northwoods Paving, and his bid included EVERYTHING required by the bid specifications. He said the bid specs were three pages long, and in his 50 years of bidding jobs, his company has learned to dot their "I's" and cross their "T's" to make certain that everything requested in provided. Lupino said most of the time, bids that didn't provide the information required by the bid specifications are thrown out. Lupino said it isn't fair to allow a contractor to provide information AFTER the bids are received and considered. "If we don't have to follow your specs," Lupino said, "We can give you a different bid! And if they give you a different spec... we'll give you a different spec.. and we'll give you a different bid! And we'll call it an auction rather than a bid!" Lupino complained that the City's actions weren't fair. He said his estimators put a lot of time and effort into their bid proposal and made certain that it was complete and accurate. He said even though it was spelled out three different times, in three different places that an asphalt mix design was to accompany the bid proposal -- the City is considering a bid that failed to provide the information required. The Commission voted unanimously to approve the Northwoods Paving bid. Bid for Police Vehicle A single bid from Signature Ford in the amount of $22,875.00 for a 2010 Ford Explorer 4x4 XLT SSV was received for a police vehicle. Bob Erspamer explained to the Commission that very few dealers want to bid out police vehicles because they are so specialized. He indicated that a contract exists between the State of Michigan and Signature Ford, and the price they are giving for the vehicle is reasonable. Erspamer indicated that the purchase of this vehicle will be part of the USDA package which includes the purchase of civil defense type sirens to be installed throughout the City. Gemma Lamb asked how much the grant would be paying. Erspamer told her that a 40% match was required by the City. Laabs asked if Ford was the only option for police package vehicles. Erspamer indicated that the only Chevrolet available is the Tahoe, and the price is considerably higher. He said it comes complete with a V6 engine, heavy duty battery package, power steering, etc. The Commission unanimously approved the purchase of the vehicle from Signature Ford. Joint Powers Agreement & Insurance Renewal The Commission unanimously approved a Joint Powers Agreement and Contract Renewal with MMRMA for Risk Management Insurance and authorize appropriate signatures. Two Trails Along Riverside Cemetery Two additional non-motorized trails in the Northwest portion of the Riverside Cemetery property were unanimously approved without discusssion by the City Commission Monday. Comprehensive Deer Mangement Bow Hunt Karen Gullan reported that there were three changes in the rules for this year's hunt. 1. There will no longer be a "cool down" period between seasons. The seasons of the deer management hunt (DMA) this year will be from October 1st through the 25th; from October 26th through November 19th; and from November 20th through December 15th. 2. Property owners with 10 or more acres of contiguous property bordered by City land can obtain a DMA permit to hunt on their property during the DMA season. 3. The "Earn a Buck" program will be in effect. With that program every three anterless deer harvested enable the hunter to harvet a buck. They have to use their own tag for the buck, however. In addition a 40 acre parcel of property north of the railroad grade has also be added to the deer hunt area. Toth asked about the new area because she owns property in the area and she was wondering how close it came to her property. Erickson indicated it would be approximately a block. Steve Frank asked the following questions to determine if the Deer Management Plan is effective: What does Comprehensive Deer Management mean? What other parts to the Management Plan are there? What was the deer population at the start of the program? What is the current deer population? What is our target population? What is the City's goal with the program? "I really wonder," Frank said,"If disease came through and wiped out every deer in Ironwood, would we be importing deer next year so the hunt could continue?" Gullan explained that the City has been working with the DNR and Grant Emory has provided a lot of information regarding the hunt. Gullan said that Emory believes there still is a deer population problem in Ironwood. She went on to quote the annual deer kill numbers. Frank reasoned that the number of deer killed each year doesn't accurately indicate the effect of the hunt on deer populations. He maintained that a steady food supply with fewer deer simply makes for a healthier population -- not necessarily a smaller population. Heathly deer tend to and more productive breeding cycles, actually resulting in a larger population. Ignoring Mr. Franks comments, Commissioner Toth pointed out to Karen Gullan that she had a typo on the resolution in the packet. Laabs made a motion to approve the Deer Hunt Resolution. Lamb seconded the motion but asked about removal of tree stands. She was told that they must be removed three days after deers are harvested. Lamb indicated that it might be the rule, but that doesn't mean the rule is being followed. Erickson assured Lamb that the hunters will make sure people follow the rules. Commission unanimously approved the Comprehensive Deer Managment Hunt. Other Matters Commissioner Laabs held up an article from the Daily Globe and he asked Bob Erspamer about it. It was concerning a dirt bike/bicycle accident. Erspamer believed that the boy on the bike was injured, but the mother didn't want to do anything about it because the kids were playing together. Citizens With Non-Agenda Items Don Maki - Don Maki had four points he wanted to discuss. First of all, he wanted to applaud Suzanne Toth for "taking a stand" on the ATVs in the 'Caves' area. He said he lives near the 'Caves' and that he has never seen any problems there. Secondly, the told the Commission and City Staff that the handicapped door of the Marquette Street entrance to the Memorial Building is always locked. He said that the City is locked out handicapped people from the meetings. Thirdly, he said he read in the paper that the Library roof was leaking. He suggested that the Commission -- either the current one or the new one that takes over in November -- seriously consider moving the Library to the Memorial Building. And finally, he said that the union negotiations have been on the Agenda since he's been attending meetings. He said that it is time to start treating our City workers like the good citizens and workers they are. He said the workers have been without a contract for over two years and that the contracts needed to be settled once and for all. Steve Frank - Steve Frank walked up to the podium and began to give the following address that pointed out illegal actions; Charter violations; and the selective memories of certain Commissioners at the last City Commission meeting:
At this point, the three minute timer went off. Suzanne Toth said, "Mr. Frank, please wrap it up! Your time is up!" Frank replied, "Yes, I will, just like everybody else has been allowed to finish. I will." And he continued his speech...
"Mr. Frank, I asked you to please wrap up!" Toth interrupted again. "I am wrapping up ma'am!" Frank replied. "How much more do you have?" Toth questioned. "I have one more page, ma'am!" Frank answered. "You're done!" Toth demanded. "Your time is up, you are done." Frank tried to point out his First Amendment rights and the fact that laws, rules and regulations must be equitibly followed. In the past, many people have gone beyond their time, and the Commission has allowed them to finish. At the last City Commission meeting Pat Gallinagh asked to speak on an agenda item and he was allowed to speak than allowed. Toth asked for Erspamer's assistance. Erspamer told Frank that Toth was running the meeting, she wanted him to wrap up his speech so he should wrap it up. This reporter asked to speak, and once I was recognized, I asked to yield my time to Mr. Frank. "NO!" Toth demanded. "Why not?" I asked. "Mr. Cossi, am I required to yield time?" Cossi explained that the Commission has a right to set time limits and if citizens refuse to obey them they can be removed. When Frank reminded Cossi that the First Amendment insisted that any time limits on speech were to be equally inforced, Cossi warned Frank that he either sit down or he would be physically removed. "You'll be able to explain your position to a judge in the morning!" Cossi said. "I am not resisting, however I do not choose to yield my time." Frank said as Erspamer approached him, "You are violating my First Amendment rights! In the past you have allowed other people to exceed their time limit. Just last meeting... Pat Gallinagh was allowed to exceed his time..." Erspamer warned Frank that he either had to sit down or be removed because Toth was insisting. "And by removed, what do you mean sir?" "I mean physically removed if that's what I need to do!" Erspamer said. "Is that your choice?" Frank asked. "I'm giving you the choice." Erspamer explained. When Frank refused to sit down, Erspamer physically escorted him out of the room. "I am not resisting, however, I am not willingly leaving the meeting. I maintain that my First Amendment rights have been violated." Frank said as he exited. When I raised my hand to speak, I said, "Excuse me!" because Toth refused to recognize me. "Mr. Albert, you've already waived your time!" Toth claimed. "I couldn't yield it! I'm not allowed to!" I pointed out. "Can I speak, or are you going to deny my rights?" I asked. I pointed out that the City of Ironwood was out of control and that people have lost faith in the way the City operates. I said facts are never considered. I said Hurley shames us at how progressive they are while we just spin our wheels. And I expressed my concern that laws and rules are never fairly or equally followed in the City. Mr. Frank provided the Chronicle with the remainder of his speech that he wasn't able to deliver. Here is what he was not allowed to say:
After I addressed the Commission, there were no other Citizen comments.
The Commission went into closed session to discuss the status of contract negotiations with AFSCME, Local 1538 Union, and to establish purchase prices for bidding on tax reverted properties and matters exempt by State Law. When they returned it was announced that the Union contract was accepted by the Commission. Their pay raise echoed that of Public Safety -- 3% retroactive -- however, 7 day work weeks that management was pushing for were not allowed. The "me too" clause that insures the same benefits for management as labor was removed from their contract. Following Monday's City Commission meeting, Suzanne Toth requested a police escort from Ironwood Public Safety. The video below shows Mr. Frank addressing the Commission and it shows how Suzanne Toth did everything in her power to attempt to stifle his right to speak. Let it be noted that Frank's comments were related to Ms. Toth's violations of the Charter at the previous City Commission meeting. The YouTube video above is courtesy of IronwoodInfo.com and was taken by videographer Arvo Toolanen. EDITOR'S COMMENT - There have been many comments made thoughout the City, and the Chronicle has received several emails and telephone calls regarding Mr. Frank's "outrageous outburst" at Monday night's meeting. Please take note that Mr. Frank was, at no time, rude, insulting, threatening, or in anyway impolite or disruptive. It is a common practice for the Ironwood City Commission to allow people additional time when they are making an address. Anyone who has attended meeting routinely, will agree that "speaking beyond the allotted time" happens very often. The Commission has warned people in the past, but they have NEVER stopped anyone from finishing their address. The actions Ms. Toth took at Monday night's meeting were clearly a violation of Mr. Frank's First Amendment rights, and they were done for one and only one reason... in an attempt to cover-up wrongdoings by Toth at the previous City Commission meeting. It is important to note that Steve Frank made attempts to have the minutes of the previous meeting corrected to reflect what actually happened. The "official record" of the meeting -- the minutes -- were altered to hide Charter violations and other illegal actions taken at the last meeting. This is clearly a cover-up attempt by the City of Ironwood. What happened on Monday night to Mr. Frank is much bigger than the entire "Caves" Issue. Mr. Frank was silenced because he was attempting to expose corruption within the City government. Mr. Frank does not deserve ridicule. He should be commended for bringing these violations to light. People shouldn't be outraged by Mr. Frank's actions. They should be livid that three of our Commissioners will not hesitate to break the law to move their agendas forward. For the record, those three Commissioners are Suzanne Toth, Bruce Noren, and Tom Laabs. Jim Albert "Dissenters have been responsible for ending British control of the United States, for stopping slavery, for ending segregation, and for stopping an unwise war in Southeast Asia. In such situations, their opponents might well have said that the protesters hated America when really they despised flawed national policies." Margaret A. Blanchard
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