Have you read the Arizona Immigration enforcement bill?

There has been a lot of information out there against the new Arizona Law. The issue against the new immigration law is whether it's constitutional, discriminatory and racist. Here is the SB1070 final version that got passed and signed into law. Does the law usurp the Supremacy Clause of the Constitution? Does the law call out a specific group? Does the law, which requires local agencies to comply with federal immigration law, violate anyone's 4^th Amendment rights? Let's take a look at the bill to determine (http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/summary/s.1070pshs_housechanges.doc.htm):

As passed the Senate, S.B. 1070 requires officials and agencies of the state and political subdivisions to assist in the enforcement of federal immigration laws and establishes crimes related to illegal immigration.  Specifies requirements for employers who assert an entrapment defense for intentionally or knowingly employing an unauthorized alien.

 
 

The House of Representatives adopted a same-subject strike everything amendment that does the following:

 
 

Purpose

 
 

            Requires officials and agencies of the state and political subdivisions to fully comply with and assist in the enforcement of federal immigration laws.  Establishes crimes involving failure to complete an alien registration document, hiring or soliciting work under specified circumstances, and transporting or harboring unlawful aliens, and their respective penalties.  Specifies requirements for employers who assert an entrapment defense for intentionally or knowingly employing an unauthorized alien.

 
 

Background

 
 

Federal law provides that any alien who 1) enters or attempts to enter the U.S. at any time or place other than as designated by immigration officers, 2) eludes examination by immigration officers, or 3) attempts to enter or obtains entry to the U.S. by a willfully false or misleading representation is guilty of improper entry by an alien.  For the first commission of the offense, the person is fined, imprisoned up to six months, or both, and for a subsequent offense, is fined, imprisoned up to 2 years, or both (8 U.S.C. § 1325).

 
 

The U.S. Immigration and Customs Enforcement (ICE) is the primary authority for enforcing immigration laws.  ICE was created in March 2003 as an investigative branch of the Department of Homeland Security.  ICE was the result of combining the Immigration and Naturalization Service and the U.S. Customs Service.

 
 

In 2007, Arizona enacted the Legal Arizona Workers Act (LAWA), prohibiting an employer from intentionally or knowingly employing an unauthorized alien and establishing penalties for employers in violation.  The U.S. Citizenship and Immigration Services office administers the Systematic Alien Verification for Entitlements (SAVE) Program.  The SAVE Program, together with the Social Security Administration (SSA), administers E-Verify, which allows employers to electronically confirm the employment eligibility of all newly hired employees.  LAWA requires all Arizona employers to use E-Verify to verify the employment eligibility of new hires.  Proof of verifying the employment authorization of an employee through E-Verify creates a rebuttable presumption that an employer did not intentionally or knowingly employ an unauthorized alien.

 
 

The fiscal impact is unknown; however, there may be additional costs associated with criminal prosecution and detention of persons who are accused and convicted of the crimes established in this legislation.  Additionally, the addition of new fines associated with this measure may also have an impact.

 
 

Provisions

Enforcement

 
 

1.      Requires a reasonable attempt to be made, when practicable, to determine the immigration status of a person:

a)      for any lawful contact made by a law enforcement official or agency of the state or political subdivision and

b)      if reasonable suspicion exists that the person is an unlawfully present alien.

 
 

2.      Adds an exception to the requirement for law enforcement to make a reasonable attempt to determine a person's immigration status if the determination may hinder or obstruct an investigation.

 
 

3.      Requires anyone who is arrested to have the person's immigration status determined before the person is released.

 
 

4.      Requires the person's immigration status to be verified with the federal government pursuant to federal law.

 
 

5.      Prohibits a law enforcement official or agency of the state or a county, city, town or other political subdivision of the state (political subdivision) from solely considering race, color or national origin in implementing the requirement for determining and verifying immigration status, except to the extent permitted by the U.S. or Arizona Constitutions.

 
 

6.      Specifies that a person is presumed to not be an unlawfully present alien if the person provides any of the following to a law enforcement officer or agency:

a)      a valid Arizona driver license or nonoperating identification license;

b)      a valid tribal enrollment card or other form of tribal identification; or

c)      a valid U.S. federal, state or local government issued identification if the entity requires proof of legal presence in the U.S. before issuance.

 
 

7.      Specifies that this section and the act do not and shall not be construed to implement, authorize or establish the REAL ID Act of 2005, including the use of a radio frequency identification chip.

 
 

8.      Requires ICE or Customs and Border Protection (CBP) to be immediately notified on discharge from imprisonment or assessment of any monetary obligation that is imposed on an unlawfully present alien who is convicted of a violation of state or local law.

 
 

9.      Permits a law enforcement agency to transport an alien who the agency has received verification is unlawfully present in the U.S. and who is in the agency's custody to:

a)      a federal facility in this state or

b)      any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency.

 
 

10.  Requires a law enforcement agency to obtain judicial authorization before securely transporting an unlawfully present alien to a point of transfer that is outside of Arizona

 
 

11.  Prohibits officials or agencies of the state and political subdivisions from being prevented or restricted from sending, receiving or maintaining an individual's immigration status information or exchanging that information with any other governmental entity for the following official purposes:

a)      determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state;

b)      verifying any claim of residence or domicile if that verification is required under state law or a judicial order issued pursuant to a civil or criminal proceeding in the state;

c)      pursuant to federal law; or

d)     if the person is an alien, determining whether the person is in compliance with federal alien registration laws.

 
 

12.  Disallows officials or agencies of the state or political subdivisions from adopting or implementing policies that limit immigration enforcement to less than the full extent permitted by federal law, and allows a legal Arizona resident to bring an action in superior court to challenge an official or agency that does so.

 
 

13.  Requires the court, if there is a judicial finding that an entity has committed a violation, to order the entity to pay a civil penalty of at least $1,000 and not more than $5,000 for each day that the policy has remained in effect after the filing of the action.

 
 

14.  Requires the court to collect and remit the civil penalty to the State Treasurer for deposit in the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) Fund.

 
 

15.  Permits the court to award court costs and reasonable attorney fees to any person or any official or agency of the state or a political subdivision that prevails by an adjudication on the merits in a proceeding brought to challenge immigration policies or practices.

 
 

16.  Specifies that law enforcement officers are indemnified by their agencies against reasonable costs and expenses, including attorney fees, incurred by the officer in connection with any action, suit or proceeding brought pursuant to this statute to which the officer may be a party by reason of the officer being or having been a member of the law enforcement agency, except in relation to matters in which the officer is adjudged to have acted in bad faith.

 
 

17.  Requires this section to be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of U.S. citizens.

 
 

18.  Allows a peace officer, without a warrant, to arrest a person if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the U.S.

Willful Failure to Register

 
 

19.  Adds, as a state offense in addition to any violation of federal law, willful failure to complete or carry an alien registration document if the person is in violation of a related federal law.

 
 

20.  Permits, in the enforcement of this section, an alien's immigration status to be determined by:

a)      a law enforcement officer who is authorized by the federal government to verify or ascertain an alien's immigration status; or

b)      ICE or CBP pursuant to federal law.

 
 

21.  Specifies that a person sentenced pursuant to this section is not eligible for suspension of sentence, probation, pardon, commutation of sentence, or release from confinement on any basis except:

a)      if temporary removal is authorized by the Arizona Department of Corrections related to inmate employment with the prison, cooperation with voluntary medical research, medical treatment, participation in certain community action activities or compassionate leave; or

b)      if the sentence imposed by the court has been served or the person is eligible for release pursuant to earned release credits.

 
 

22.  Directs the person to pay jail costs and an additional assessment of at least $500 for the first violation or at least $1,000 for subsequent offenses.

 
 

23.  Requires the court to collect and remit the assessments to the Department of Public Safety (DPS) for a special GIITEM subaccount, which DPS must establish. 

 
 

24.  Subjects monies in the subaccount to legislative appropriation for distribution for gang and immigration enforcement and county jail reimbursement costs relating to illegal immigration.

 
 

25.  Specifies that the offense does not apply to a person who maintains authorization from the federal government to remain in the U.S.

 
 

26.  Specifies that any record related to the immigration status of a person is admissible in any court without further foundation or testimony from a custodian of records if the record is certified as authentic by the government agency that is responsible for maintaining the record.

 
 

27.  Classifies the violation as follows:

a)      a class 3 felony if the person commits the violation while in possession of a dangerous drug, precursor chemicals used in the manufacturing of methamphetamine, a deadly weapon or dangerous instrument or property that is used for committing an act of terrorism;

b)      a class 4 felony for a second or subsequent offense or if the person, within 60 months before the violation, accepted a voluntary removal from the U.S. or has been deported;

c)      a class 1 misdemeanor in all other cases.

 
 

Unlawful Stopping and Solicitation of Work

 
 

28.  Specifies that it is unlawful, if a motor vehicle is stopped on a street, roadway or highway and blocks or impedes the normal movement of traffic:

a)      for a motor vehicle occupant to attempt to hire or hire and pick up passengers for work at a different location;

b)      for a person to enter the motor vehicle in order to be hired by a motor vehicle occupant and to be transported to work at a different location.

 
 

29.  Stipulates that it is unlawful for a person who is unlawfully present in the U.S. and who is an unauthorized alien to knowingly apply for work, solicit work in a public place or perform work as an employee or independent contractor in Arizona.

 
 

30.  Classifies these offenses as class 1 misdemeanors.

 
 

31.  Defines solicit and unauthorized alien.

 
 

Unlawful Transporting or Harboring

 
 

32.  Specifies that it is unlawful for a person who is in violation of a criminal offense to do or attempt to do the following if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the U.S. in violation of law:

a)      transport or move an alien in Arizona, in furtherance of the illegal presence of the alien in the U.S., in a means of transportation;

b)      conceal, harbor or shield an alien from detection in any place in Arizona, including any building or means of transportation.

 
 

33.  Stipulates it is unlawful to encourage or induce an alien to come to or reside in Arizona if a person who is in violation of another criminal offense knows or recklessly disregards the fact that such coming to, entering or residing in this state is or will be in violation of law.

 
 

34.  Subjects a means of transportation used in the commission of a violation to mandatory vehicle immobilization or impoundment.

 
 

35.  Exempts the following persons from these offenses:

a)      a Child Protective Services worker acting in the worker's official capacity; and

b)      a person who is acting in the capacity of a first responder, an ambulance attendant or an emergency medical technician in an emergency response situation.

 
 

36.  Classifies these offenses as class 1 misdemeanors and subjects offenders to fines of at least $1,000, except that a violation that involves 10 or more illegal aliens is a class 6 felony with a fine of at least $1,000 for each alien who is involved.

 
 

Investigations of Employers

 
 

37.   Specifies that it is an affirmative defense to knowingly or intentionally employing an unauthorized alien that the employer was entrapped.

 
 

38.  Requires the employer to admit by the employer's testimony or other evidence the substantial elements of the violation in order to claim entrapment.

 
 

39.  Stipulates that an employer who asserts an entrapment defense has the burden of proving the following by a preponderance of the evidence:

a)      the idea of committing the violation started with law enforcement officers or their agents rather than with the employer;

b)      the officers or their agents urged and induced the employer to commit the violation; and

c)      the employer was not predisposed to commit the violation before the officers or their agents urged and induced the employer to commit the violation.

 
 

40.  Stipulates that an employer does not establish entrapment if the employer was predisposed to knowingly or intentionally employ an unauthorized alien and law enforcement officers or their agents merely provided the employer with an opportunity to do so.

 
 

41.  States that it is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identities.

 
 

42.  Allows the conduct of officers and their agents to be considered in determining if an employer has proven entrapment.

 
 

43.  Directs employers to keep verification records of their employees' work eligibility through E-Verify for the duration of the employee's employment or three years, whichever is longer.

 
 

Miscellaneous

 
 

44.  Permits a peace officer, in the enforcement of Arizona's human smuggling law, to lawfully stop any person who is operating a motor vehicle if the officer has reasonable suspicion to believe the person is in violation of any civil traffic law.

 
 

45.  Establishes the GIITEM Fund, consisting of the following:

a)      civil penalties from entities that adopt or implement policies that limit immigration enforcement and

b)      monies appropriated by the Legislature.

 
 

46.  Requires DPS to administer the GIITEM Fund.

 
 

47.  Specifies that monies in the GIITEM Fund are subject to legislative appropriation for gang and immigration enforcement and for county jail reimbursement costs relating to immigration.

 
 

48.  Stipulates that the terms of the act regarding immigration have the meanings given to them under federal immigration law.

 
 

49.  Requires the act to be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of U.S. citizens.

 
 

50.  Contains intent and severability clauses.

 
 

51.  Titles the legislation the Support Our Law Enforcement and Safe Neighborhoods Act.

 
 

52.  Makes technical and conforming changes.

 
 

53.  Becomes effective on the general effective date.

 

Is Arizona’s new Illegal Immigration law justified?

"As Americans, we must stand up against this law. It's a travesty, and it's a moral outrage," said Elena Letona at a recent demonstration against Arizona's new illegal immigration law (http://www.boston.com/news/local/massachusetts/articles/2010/04/25/arizona_immigration_law_draws_praise_outrage_in_boston/). Illegal immigration has been a hot button topic for decades and it appears now that Arizona is tired of it. Prior to the legislation being moved through Arizona's state Legislature a local rancher was killed by an illegal immigrant. The new law allows for police to ask for proof of citizenship to anyone they choose to ask. Governor Jan Brewer signed the legislation into law on Friday as Arizona continues to deal with approximately 460,000 illegal immigrants.

Alison Peek writer for the Salt Lake City Political Buzz Examiner wrote, "When Arizona Governor Jan Brewer signed the toughest immigration law in the United States, she opened the door to profiling, discrimination and racism. It was one of the biggest steps backward this country has seen in more than 225 years." Really? I'd argue the health care mandate is a bigger step backwards. Why are we so scared to profile? If a police officer asks for proof of citizenship how does that translate into discrimination and racism? A process is established to enter the country in a legal way and states like Arizona has battled and been handcuffed in cracking down on illegal immigration until now. It is time to get tougher on illegal immigration. Right now the largest segment of the world's population entering into the United States is Latin America.

We are going to need immigration to replace our ranks as the baby boomers age. So, if people want to come into our country to live and work then just comply with the law of the land. If you enter the country illegally then you need to be deported back. The influx of illegal immigrants taxes our health care system, burdens our schools system, and creates additional concerns for our police. That being said isn't well within the right of Arizona to enact such a law to keep their legal citizens safe? The trouble with immigration to begin with is that politicians use it as means to garner votes. If the system is broken then fix it. Don't turn a blind eye to the issue or when States, like Arizona, pass law to crack down on illegal immigration do not call it racist or discriminatory. Of course it is discriminatory because it discriminates against illegal immigrants. While the focus on the Arizona law is on the ability of police to ask for proof of citizenship the law also cracks down on those that hire illegal immigrants.

Hamburg City Council Minutes – February 23, 2010

Mayor Malz called the regular meeting of the Hamburg City Council to order at 7:00 p.m. Councilmember Steve Trebesch, Councilmember John Barnes, Councilmember Larry Mueller, Councilmember Brian Cummiskey, City Clerk Jeremy Gruenhagen, Deputy Clerk Sue Block, Maintenance Worker Dennis Byerly, and Fire Chief Brad Droege were in attendance. Also in attendance were Ron
Trick (YA Township), Richard Odoms (150 Jacob Street), Julie Gamber (851 William Street), Dave Wroge (YA Township), Chris Lund (612 Kim Avenue), Jared Mackenthun (Hamburg Fire Department), Mike Miller (Hamburg Fire Department), Gary Marquardt (Hamburg Fire Department), Joe Weckman (340 Jacob St), Justin Buckentin (Hamburg Fire Department), Vicki McRoberts (CCSO), and Sheriff Bud Olson (CCSO).

 

Miscellaneous Business (Public Comments)

• Girl Scout leader Julie Gamber (851 William St) asked Council for the use of the Hamburg Community Center on Friday, February 26, 2010, to sort boxes of Girl Scout Cookies.
  
  • Council did not have any objections to the request.
    
• Richard Odoms presented Fire Chief Brad Droege with a plaque for being nominated 2009 Officer of the Year for cities less than 2000.
  

 

Agenda Review (Added Items) and Adoption

• Added – Updated Claim Lists for February 2010
  

Councilmember Mueller moved to adopt the agenda with the one addition, seconded by Councilmember Barnes and motion unanimously carried. All Council members were present.

 

Approve the January 26, 2010 Minutes

• Approval of the January 26, 2010 minutes was moved to the next City Council meeting.
  

 

Old City Business

• Number 1 – Meeting with Senator Ortman – she will be attending tonight's Council meeting.     
  
• Number 3 – Expanding the Hamburg Community Center can be removed for the list. This is more of     a yearly budget item.
  
• Number 4 – Taking pictures of city property and equipment is an on going project.
  
• Number 5 – Install hand railing on stairs by the City Shop is a spring item.
  
• Number 6 – Handicap bathroom in Hall – Mr. Cummiskey is working on.
  
• Number 7 – Request use of Franchise money to purchase projector screen – not completed yet.
  
• Number 8 – Specs for 2010 lawn mowing – will be on the next council agenda.
  
• Number 9 – Dealing with nuisances will be followed up in spring.
  
• Number 10 – City Clerk Gruenhagen updated Council about the H.I.P. group's finances. They have     $5,080.23 in savings and $1,027.32 in a CD. The group will be meeting Friday,     February 26^th, and hoping to attend the March 9^th City Council meeting to update     council on their future plans. They would like to a mass mailing to all residents of     Hamburg to try to draw more members. They asked if the city could provide them with     address labels of all city residents. Council did not have any objections in providing the     labels.
  

 

Fire Department Report

 

Fire Department Equipment Listing

• Fire Chief Droege handed out an updated Fire Department Equipment list.
  

 

2009 FEMA Grant

• The grant is out however Chief Droege has not heard if Hamburg will receive the grant.
  

2010 Pipeline Safety Awareness & Emergency Response Programs for Emergency Responders

• Gary Marquardt and Paul Dudgeon will be attending these meetings on March 22^nd, 2010 at Hutchinson, MN.
  

City Electric Sign

• Chief Droege asked if Council has ever considered putting a plaque on the city sign listing what groups helped purchase the sign and when it was purchased.
  
• Council discussed this idea and Mayor Malz said he would contact Pete Sauter
  on prices.
  

Fire Department Retirement – Mike Miller

• Fire Chief Droege asked Council to accept the retirement of Mike Miller from the Hamburg Fire Department. He has served 20 years in the department and his retirement would be effective March 3^rd, 2010.
  

Councilmember Mueller moved to accept the retirement of Mike Miller from the Hamburg Fire Department for his service of 20 years, Councilmember Barnes seconded and motion unanimously carried. All Council members were present.

 

Fire Calls

• Chief Droege reported that the Fire Department missed not having a fire call for two months by one day. Today they had a medical and a kitchen fire.
  

 

HD Rescue Truck from Chelsea, MI

• Chief Droege informed Council that the Young America Township had a day meeting last Tuesday or Wednesday and they voted to go along with the purchase of the Rescue Truck. Washington Lake Township has not had a meeting to decide on the purchase.
  
• Chief Droege brought up the way to pay for upgrading the Rescue Truck and that would be to have the City of Hamburg, YA Township, and Washington Lake Township each pay $37,900, which includes interest. Sell the current Rescue Truck which was purchased with Relief Association money and city money. The amount received in the sell of the current Rescue Truck would go directly to the City of Hamburg. Chief Droege has been told that the cities current Rescue Truck should sell for $15,000 or more. Subtracting the $15,000 from $37,900 leaves $22,900. If council would take the $2,000 that the Relief Association gave the city to help pay for the Ambulance it would leave $20,900 for the city payment.
  
• At the Fire Departments meeting last night the vote to purchase was 14 yes and 11 no.
  
• Dave Wroge (YA Township) gave a brief statement to Council that the Young America Township was behind the purchase of the Rescue Truck from Chelsea, MI.
  
• Fire Chief Droege, attending members of the Fire Department, and Council discussed and commented on the purchase of the Rescue Truck from Chelsea, MI.
  
  • Mayor Malz thought it would be a good addition to the Fire Department.
    
  • Councilmember Mueller commented that this has been put off for 3 or 4 years and questioned how much longer it can be put off.
    
  • Councilmember Barnes commented that he can not justify the purchase when there is nothing wrong with the truck the department has now. Also, the truck being purchased has higher mileage then the one the Fire Department currently has.
    
  • City Clerk Gruenhagen questioned if Council did approve the purchase how soon Chelsea would want payment, Fire Chief Droege did not know. City Clerk Gruenhagen commented that if the purchase goes through a Certificate of Indebtedness would have to be issued then a Resolution approving the Certificate of Indebtedness would have to be passed at the next Council meeting.
    
  • City Clerk Gruenhagen also commented that with the possible LGA cuts for this year the city could lose $37,700 and next year approximately an additional $27,000. With these cuts it would be hard for the City of Hamburg to be part of the financial contributors for this truck.
    
  • Councilmember Trebesch added that the only way to finance the purchase of the Rescue Truck would be by joint venture between the two Townships and the City. The city alone would not be able to afford the truck.
    
  • Councilmember Cummiskey stated his concern of not knowing the answer from Washington Lake Township.
    

Councilmember Cummiskey moved to decline the purchase of the heavy Rescue Truck at this time, Councilmember Barnes seconded the motion. Mayor Malz; motion made and seconded all in favor, Councilmember Cummiskey aye and Councilmember Barnes aye. Mayor Malz; all opposed Councilmember Mueller aye and Councilmember Trebesch aye. Mayor Malz also opposed (and questioned if he could vote).

 

Mayor Malz asked what happens now.

 

Councilmember Trebesch moved to go ahead with the purchase of the Rescue Truck as Brad has it set up. Mayor Malz asked for a second. Councilmember Mueller seconded. Mayor Malz; motion made and seconded to approve the purchase of the used Rescue, all in favor, Councilmember Trebesch aye and Councilmember Mueller aye, Mayor Malz also aye. Mayor Malz; all opposed Councilmember Barnes aye and Councilmember Cummiskey aye. Mayor Malz, the vote is three to two. Motion made, seconded, and carried, it passes.

 

City Clerk Gruenhagen will have City Attorney Mac Willemssen draft the Equipment Certificate of Indebtedness for the Council to pass the resolution approving the sale
at the next City Council meeting.

 

Fire Chief Droege will notify Chelsea that they will receive the money in about a month.

 

Councilmember Barnes questioned Councils voting on the purchase of the Rescue Truck. It was unclear if the vote was for or against the purchase.

• City Clerk Gruenhagen will listen to the tape tomorrow and ask City Attorney Mac to clarify the vote as it was stated. He will also ask about the voting rights of the mayor.
  

 

Carver County Sheriff Bud Olson

• Sheriff Olson and Vicki McRoberts (CCSO) gave a presentation on the Sheriff's Office website and how to use it. One thing mentioned was that the public can receive alerts from the Sheriff's office by signing up for the notices on the website.
  

 

Dennis' Report (Public Works & Utilities)

 

Lift Station Repairs (Replace Brackets for Pumps)

• Maintenance Worker Byerly received two estimates on replacing the slide brackets on the two Grinder Lift Station pumps.
  
  • Council discussed and decided that the estimated costs were not comparing the same items for repair.
    
  • Council requested Maintenance Worker Byerly talk to both companies and ask for more clarification of their pricing and resubmit their quotes.
    

 

Water Wells Usage - Water Consumption for 2009

• City Clerk Gruenhagen informed Council that when going through the cities audit it was noticed that the amount of water pumped vs. water usage did not match. What was pumped was 14.5 million gallons of water and what was billed for was 11 million gallons. Possible reasons for the 3 million gallons of water not accounted for could be from the City Shop, Community Hall, and Centennial Park not being metered, old meter readers within the older homes reading slower, and the water leak in the Park. To help account for all water usage two city buildings and the park need to be metered.
  
• Council discussed and decided to monitor the water usage and what was pumped on a monthly basis. The acceptable difference should be less then 10%.
  

Community Hall/Community Center Repairs – Electrical Repairs

• Maintenance Worker Byerly questioned if these electrical repairs were for the Community Center outside night lights.
  
  • City Clerk Gruenhagen replied that all the outside lights at the Community Center have been changed to match.
    
• Maintenance Worker Byerly informed Council that the government will be coming out with new regulations on what type and size of florescent light that can be used.
  

Shop Door Key

• Councilmember Mueller reported that the Shop door has been installed and suggested that the Fire Department should be given a key for the door.
  
  • Maintenance Worker Byerly will give them one.
    

Paint Ceiling Grids – Community Hall

• Maintenance Worker Byerly informed Council that he has all the ceiling grids at the Hall painted, twice.
  
• Council discussed when and where to pick up ceiling tile. They decided to wait until the ceiling tile go on sale at Menards.
  

 

Councilmember Cummiskey had to leave the meeting due to a fire call.

 

Wax Hall Floor

• Councilmember Mueller advised Maintenance Worker Byerly not to wax the Hall floors until the ceiling tile project is completed.
  

Storm Sewer – City Shop Area

• Keep on list and wait until the weather is warmer, spring, to contact Henning's.
  

AFC Recall Repair of Hydrants

• Maintenance Worker Byerly will call when the weather warms up.
  

Picnic Tables

• Maintenance Worker Byerly will call STS (Sentence to Serve) to paint the picnic tables.
  

Ice Dam

• Mayor Malz asked Maintenance Worker Byerly to break up the ice ledge and when it is warmer disperse the water by William Street and Park Avenue.
  

 

Senator Julianne Ortman

 

Senator Ortman gave an overview of what was happening at the State Capital.

• There are many people running for re-election and the atmosphere at the capital is very political. It seems to be overriding everything they do.
  
• Two very major spending bills.
  
  • One is the 1.2 billion dollar deficit for this biennium that goes through the close of 2011. There has been no discussion at the capital on this.
    
  • On March 2^nd there will be a new budget forecast and that will tell them what has happened with revenues since the last time they checked. She believes the revenues will go down again and the 1.2 billion dollar deficit for this biennium will grow creating a bigger problem.
    
  • The Bonding bill has been voted on twice for the amount of a billion dollars and her concern is not what the projects are for but the size and scope of the projects. In the budget 725 million dollars were set aside for this years bonding bill but a billion dollar bond was passed. There are consequences in doing this over the life of the loan it is an additional $487 million dollars that will have to be figured out on how to pay this over the next biennium. The Governor has threatened to veto the bill so the bonding bill may be pulled back to started over.
    
  • The other major spending bill is the GAMC (General Assistance Medical Care) bill. This program the Governor un-allotted but it is a major priority within the state to continue to pay for individual's health care. If it is a major priority they will have to figure out how it will affect the school program and other programs within the state.
    
• A more threatening issue is the longer term deficit. This biennium the state has a 1.2 billion dollar deficit but this is some where between 5.6 and 8 billion in the next biennium, 2012 and 2013. The reason why it is between 5.6 and 8 billion is because the budget forecasters are saying 5.6 billion but if you look at the numbers in current loss spending, what is currently promised to spend money on in 2012 and 2013 would cost the state 38 billion dollars. In this biennium the state is only going to receive revenues of 30 billion. The budget forecasters are predicting that the states revenue will go up in the next biennium and the state revenue will be 33 billion. Senator Ortman does not see where that statement has a sense of reality in it.
  
• Senator Ortman and Council discussed various ideas and different ways to possibly raise the states revenue, the proposed LGA cuts and how it will affect the City of Hamburg. They also discussed the cities concern over how to fund the I & I project and all the required unfunded mandates imposed on the city.
  

 

Deputy Clerk Report

 

Delinquent Utility Bills

• All residents that were delinquent were sent letters requesting payment.
  
• Emily Siebold will be sent a letter tomorrow requesting a $100 payment every other week instead of the current $50 every other week.
  
• Nick Nordin (419 Railroad St) still owns the property so he will be sent the monthly water bills.
  

Minnesota Municipal Clerks Institute (MMCI)

• Deputy Clerk Block sent in a grant request for the July MMCI conference. Waiting to hear if she was granted one.
  

Minnesota Notary

• Deputy Clerk Block informed Council the process for her to become a Notary and the cost.
  
  • Council discussed and noted that during previous discussion they do need Deputy Clerk Block to become a Notary for the city.
    

 

 

• Councilmember Cummiskey moved to authorize Deputy Clerk Block to spend up to $200 on obtaining her Notary, seconded by Councilmember Mueller and motion carried. All Council members were present.
  

 

Clerk/Treasurer Report

 

LGA Cuts

• The possible proposed cut in LGA for the City of Hamburg is $37,729. The city would go from $59,179 in LGA funding to $21,450.
  

2010 NYA Area Guide (City Ad & Hall Ad)

• Council discussed whether or not to list the City and Hall in the 2010 Annual Guide To The Area. Council decided to only list the Hall in the Guide and include the cities new official website address in the Hall ad.
  
• Councilmember Barnes moved to put a quarter page ad in the amount of $199.00 for the Hamburg Community Hall in the 2010 NYA Annual Guide To The Area, seconded by Councilmember Trebesch and motion unanimously carried. All Council members were present.
  

I&I Abatement Program

• The two public easement meetings were held on February 16 & 18, 2010 with only about 10 or 11 residents attended out of the 35 contacted.
  
• City Attorney Mac sent City Clerk Gruenhagen a copy of the letter that can be sent out to residents affected with the easements. City Clerk Gruenhagen will get the letter drafted up and mailed out.
  
  • Council decided to include a friendly reminder date for return in the letter.
    
• Councilmember Mueller commented that having the access easements as two year temporary instead of permanent. This could help with getting the residents to sign.
  
  • Council discussed and one decision was to have all easements listed on plan reviews and enforce it.
    
• City Clerk Gruenhagen and Mayor Malz will be meeting tomorrow, February 24^th, with the MPCA in St. Paul to discuss the 2010 Project Priority Listing for Storm Water. Senator Ortman will also be attending.
  

2009 Financial Audit (Abdo, Eick & Meyers)

• The 2009 Financial Audit has been completed and all went well except there is a water usage discrepancy. The amount of water usage and what was actually pumped was way off. One reason why the reports were off was because the auditors were using the wrong reports to calculate the account receivables for both reports. There were a few other factors on why the reports were off however the water usage will be monitored monthly from now on in hope of finding out why the discrepancy.
  

EAID Grant

• City Clerk Gruenhagen will continue to pursue this grant. The money would be used for an automatic door opener for the Community Center. He will draw up a resolution for the next council meeting.
  

MRWA Annual Water & Wastewater Conference (March 2-4)

• City Clerk Gruenhagen and Maintenance Worker Byerly will be attending the conference.
  
• Morning rounds need to be covered on Thursday. City Clerk Gruenhagen will work with Maintenance Worker Byerly on getting them covered.
  

LMCIT Public Employee Bond Coverage

• The auditors recommended $75,000 would be sufficient for employee bond coverage. City Clerk Gruenhagen will check out prices for this amount of coverage.
  

State Primary

• The State Primary may be changed to August 10, 2010.
  

Time Off Request

• City Clerk Gruenhagen requested March 25^th to April 9^th off as vacation days.
  
• Councilmember Barnes moved to grant City Clerk Gruenhagen's time off request from March 25, 2010 to April 9, 2010, seconded by Councilmember Mueller and motion unanimously carried. All Council members were present.
  
• Councilmember Cummiskey moved to have Deputy Clerk Block work 40 hours per week while City Clerk Gruenhagen is on vacation, seconded by Councilmember Mueller and motion carried. Councilmember Barnes abstained.
  

 

City Council Reports

 

Councilmember Mueller (Sewer & Water)

• Councilmember Mueller brought up the subject of hiring a part-time seasonal worker for lawn mowing and general maintenance work. Keeping Maintenance Worker Dennis Byerly at 36 hours per week and hiring a part-time worker at $8 to $10 would be less expensive than having Dennis work 40 hours per week.
  
• Council discussed the savings to the city, how many hours they would work per week, what types of jobs the person could do, and requirements for hire.
  
  • City Clerk Gruenhagen commented that if a part-time person would work 10 to 15 hours per week it would cut the cities cost by 25% to 50%.
    
  • City Clerk Gruenhagen will check on how much Workman's Comp. would cost for a part-time worker.
    
• Councilmember Cummiskey (Streets)
  
• Councilmember Cummiskey suggested putting on the city sign a reminder to city residents to fill out and return their 2010 Censes form.
  

Councilmember Trebesch (Buildings)

• Councilmember Trebesch volunteered to do city rounds is needed on weekends.
  
• Councilmember Trebesch requested a key for the new shop door.
  
  • City Clerk Gruenhagen replied that he can stop by the city office and pick one up.
    

Councilmember Barnes (Parks)

• Reminder to have City Clerk Gruenhagen check tonight's tape about the purchase of the Rescue Truck. If it passed correctly or not.
  

Mayor Malz

• Mayor Malz asked to make sure the resident on Railroad Street receives a letter about shoveling his sidewalk and tying up his dog further back from the sidewalk.
  

 

Approve Claims List for February 2010

 

Claims List for February 2010

• Councilmember Barnes asked about check number 14284, Ancom Communications, repair of two headsets.
  
  • Councilmember Cummiskey replied that it should read "bought" two radios and the money to purchase the radios was donated by the Hamburg Fire Department Relief Association.
    

 

 

• Councilmember Barnes commented on check number 14300 to Richard Malz for mileage to Chelsea, MI to look at the used Rescue Truck they had for sale. Before the trip Councilmember Barnes had informed Mayor Malz of his objection to the trip until it was brought before Council for their approval. When the cost to the city is in the hundreds it should be brought before Council first.
  
  • Council discussed this issue and decided to have City Clerk Gruenhagen check into how other cities handle out of travel.
    
  • City Clerk Gruenhagen will also check into the cities current out of sate travel policy to find out what it states about reimbursement for mileage.
    
  • Council decided to hold payment of check number 14300 to Richard Malz in the amount of $694.50 until the cities travel policy is clarified.
    

Councilmember Trebesch moved to approve claims 14283 through 14309, claim number 14267, the three ACH payments withholding claim number 14300 from payment until clarification at the next council meeting, seconded by Councilmember Barnes and motion unanimously carried. All Council members were present.

 

Councilmember Cummiskey moved to add and approve claim number 14311 in the amount of $40.00 to the Office of the Secretary of State for Deputy Clerk Blocks New Notary Appointment Fee, seconded by Councilmember Muller and motion carried. Councilmember Barnes abstained.

 

Councilmember Barnes moved to adjourn the Hamburg City Council meeting at 10:16 p.m., seconded by Councilmember Trebesch and motion unanimously carried. All Council members were present.

                                        Submitted by:

                                        Sue Block                        Deputy Clerk

Arizona Legislature is heating up

Arizona is becoming the hotbed of legislative actions. Recently the State Legislature of Arizona passed a bill to crack down on illegal immigration, currently the bill awaits the Governor's signature, and now the House passed, narrowly, legislation that would require that all Presidential candidates provide proof of citizenship prior to being added to the state ballot. Rep. Tom Chabin (D-Flagstaff) pleaded, "When you undermine the sitting president of the United States, you undermine our nation, and it makes us look very ugly" http://www.msnbc.msn.com/id/36723409/ns/politics-more_politics/. Sen. Jack Harper (R-Surprise) countered that, "It's our ballot. The parties need to prove that their nominee is eligible to hold the office of president to be on our ballot."

Granted the legislation comes from the controversy that surrounded the eligibility of Barack Obama to be President of the United States. Regardless of which side of the "birther" movement one is on, for a state to require proof of citizenship makes sense. Every state has their own guidelines for how people are placed on the ballot. The major parties typically are added to all state ballots but other "third" party candidates to not get on the ballot.

Another argument being made in Arizona against the legislation is that it will give the Secretary of State too much power. If the guidelines are clear as to what is required to prove citizenship I do not see or understand how it empowers the Secretary of State. The United States Constitution calls out clearly the requirements to hold office and the legislation being discussed in Arizona does nothing to usurp the Constitution. Actually I am a bit surprised that such guidelines are not already in place. Is Arizona overstepping their State powers by passing such legislation? Does the bill undermine President Obama?

In 40 years of Earth Day celebrations the Earth is still here

Today marks the 40^th Anniversary of Earth Day. The day that we are suppose to be aware of our non-stewardship of Mother Earth will lead to our downfall. When Earth Day started 40 years ago several predictions were made to help promote the cause. Chris Baker, morning talk show host on 100.3 FM, placed these statements made by Earth Day predictors on his blog today of which he obtained from reason.com:

"We have about five more years at the outside to do something."
• Kenneth Watt, ecologist

"Civilization will end within 15 or 30 years unless immediate action is taken against problems facing mankind."
• George Wald, Harvard Biologist

"We are in an environmental crisis which threatens the survival of this nation, and of the world as a suitable place of human habitation."
• Barry Commoner, Washington University biologist

"Man must stop pollution and conserve his resources, not merely to enhance existence but to save the race from intolerable deterioration and possible extinction."
• New York Times editorial, the day after the first Earth Day

"Population will inevitably and completely outstrip whatever small increases in food supplies we make. The death rate will increase until at least 100-200 million people per year will be starving to death during the next ten years."
• Paul Ehrlich, Stanford University biologist

"By…[1975] some experts feel that food shortages will have escalated the present level of world hunger and starvation into famines of unbelievable proportions. Other experts, more optimistic, think the ultimate food-population collision will not occur until the decade of the 1980s."
• Paul Ehrlich, Stanford University biologist

"It is already too late to avoid mass starvation."
• Denis Hayes, chief organizer for Earth Day

"Demographers agree almost unanimously on the following grim timetable: by 1975 widespread famines will begin in India; these will spread by 1990 to include all of India, Pakistan, China and the Near East, Africa. By the year 2000, or conceivably sooner, South and Central America will exist under famine conditions….By the year 2000, thirty years from now, the entire world, with the exception of Western Europe, North America, and Australia, will be in famine."
• Peter Gunter, professor, North Texas State University

"Scientists have solid experimental and theoretical evidence to support…the following predictions: In a decade, urban dwellers will have to wear gas masks to survive air pollution…by 1985 air pollution will have reduced the amount of sunlight reaching earth by one half…."
• Life Magazine, January 1970

"At the present rate of nitrogen buildup, it's only a matter of time before light will be filtered out of the atmosphere and none of our land will be usable."
• Kenneth Watt, Ecologist

"Air pollution…is certainly going to take hundreds of thousands of lives in the next few years alone."
• Paul Ehrlich, Stanford University biologist

"We are prospecting for the very last of our resources and using up the nonrenewable things many times faster than we are finding new ones."
• Martin Litton, Sierra Club director

"By the year 2000, if present trends continue, we will be using up crude oil at such a rate…that there won't be any more crude oil. You'll drive up to the pump and say, `Fill 'er up, buddy,' and he'll say, `I am very sorry, there isn't any.'"
• Kenneth Watt, Ecologist

"Dr. S. Dillon Ripley, secretary of the Smithsonian Institute, believes that in 25 years, somewhere between 75 and 80 percent of all the species of living animals will be extinct."
• Sen. Gaylord Nelson

"The world has been chilling sharply for about twenty years. If present trends continue, the world will be about four degrees colder for the global mean temperature in 1990, but eleven degrees colder in the year 2000. This is about twice what it would take to put us into an ice age."
• Kenneth Watt, Ecologist

Now the scare tactics have been used in recent years to push for tougher gasoline standards, cleaner coal, and the use of alternative fuel sources. Debate has raged over the Al Gore's global warming mantra while hackers attempted to provide evidence of data manipulation. It is interesting to read these statements and compare them to some of the more recent conversation on global warming and man's dire need to curb greenhouse gases. The question is did any of these predictions come true? I do not see people in New York, LA, Chicago or Miami wearing gas masks to walk around. I just filled up my car, paid $2.81 a gallon, yesterday even though Kenneth Watt claimed by 2000 we'd be on the brink of having none; it's 2010.

Don't get me wrong I am not advocating the raping of Mother Earth. It does make sense for us to look for cheaper, cleaner ways of producing energy. If we did not move society forward we'd all be stuck riding horses still to get around. We do need to be good stewards of Mother Earth or she will erupt another volcano and more than likely it will be bigger than the one in Iceland; bye bye California. Take time toward to honor Mother Earth and the bounty she offers us. At the same time be aware of the global warming craze or our children will be looking back in 40 years talking about all the dire predictions as noted above.

Letter from Sen. Ortman – 4-21-10

4/21/2010

 

Dear Friends,

 

Over the last two weeks, some of the Senate's largest items that must be completed before Session ends have been put on hold. We have yet to see a health care finance omnibus bill; the Legislature is still waiting to hear how much money the state will be receiving from the federal government for health care purposes. That money could have a significant impact on what we are able to accomplish in the health care omnibus bill. Please see my newest article, No Gift, which addresses the Federal health care plan on my Senate InTouch webpage:

 

http://www.senate.mn/members/member_bio_personal.php?mem_id=1044&ls=86

 

Additionally, we are waiting for the courts to rule on the lawsuits against the Governor's 2009 unallotments. If the courts rule against the Governor's cuts, the State will again be responsible for finding the appropriate funding for those projects.

 

Governor Signs Jobs Bill

Recently, the Governor signed a bill into law that would provide over $100 million in tax credits over the next three years for small businesses intended to promote jobs across Minnesota. Included in these credits the Angel Investor Tax Credit, a credit for the renovation of historic buildings, a CARZ credit added to the preexisting JOBZ credits. Unlike JOBZ, CARZ is available to qualifying motor vehicle assembly facilities anywhere in the state.

 

This bill represents a crucial step forward for Minnesota in terms of economic development initiatives, job creation, support for small businesses and entrepreneurs, and science & technology investments. The bill had strong bi-partisan support in the House and Senate. We can be proud of the fact that we had consensus in our State government on one of the most important goals for Minnesota during this difficult economy: new jobs.

 

From the District…

Recently, I had an opportunity to meet with a group of people from my district who work in the senior care industry. Providing adequate funding for the needs of our aging population has been a priority for me during my time in the State Senate. I asked this employee, "Charlie" (names have been changed to protect privacy) to share his story with me and the E-Update group. The narrative below was written by the Human Resources Director at a Senior Care Facility in my district. I am pleased that I had the opportunity to get to know "Charlie." I have also heard from many others who share Charlie's situation through e-mails and letters to my Senate office. I welcome the opportunity to share his story with you now, below.

 

Charlie (a Certified Nursing Assistant) works as a care attendant and activities assistant in our assisted living memory care program. He has been with this Senior Care Facility for over a year and loves his job. He is amazing with the residents and says that this is the most satisfying work he has ever done. He averages 82 hours per two week pay period and picks up additional shifts whenever they are available. Charlie is 50 years old and lives with Type 1 Diabetes. He makes $11.67/hour and is covered under our senior care facility's health insurance plan. He pays $237.00/month and the organization pays $355.80 on his behalf for his health coverage for a total cost of $593 each month. His deductible is $2,500.00. He has six prescriptions for his diabetes, depression, and asthma. At the current time, he fills his diabetes medication only when he is able and chooses not to test his blood sugar because he can't afford his testing supplies. His depression and asthma medicine have not been refilled for over 9 months. Charlie has a house payment of $1,024.00/month. Without even doing the math we can see that no matter how hard Charlie tries to be self sufficient he cannot make ends meet. Charlie came to my office last week and stated that he didn't know what to do. He has always taken care of himself and has never relied on public assistance. He is a proud man and doesn't want someone else to take care of him. However, because he can no longer afford his insurance and the cost of his medicine, he needs to make a choice between two really bad options. His first option would be to continue to work but ignore his medical needs by skipping his medication so he can continue to have a place to live and put food on the table. His second option is to reduce his hours enough so he reaches an income level that would qualify him for the state health plan. Even if he chooses his first option he will ultimately end up on some sort of public assistance, because his health will decline to the point where he is no longer able to work.

 

We cannot continue to cut reimbursement rates for nursing homes. The Governor has proposed cuts to budgets that fund nursing homes, but the legislature has consistently pushed back against those cuts. This year, the legislature will reject these cuts again. The Governor may suggest a budget, but ultimately it is the legislature that decides how funds are spent, and the legislature is not ready to cut these necessary funds.

 

Energy Independence

 

I came across an article that I'd like to share with you. It covers a U.S. Geological
Survey assessment for an oil reserve called the Bakken Formation. It lies under North Dakota, Montana, and the Rocky Mountains. The Bakken Formation, according to the new survey published 2 years ago, contains 3.0-4.3 billion barrels of technically recoverable oil. If you are interested in learning more about the Bakken Formation, please read more here:

 

http://www.usgs.gov/newsroom/article.asp?ID=1911

 

Thank you for reading this week's E-Update! If you have thoughts or responses to any of these issues, including Charlie's story, I would welcome the opportunity to hear from you. I deeply appreciate your involvement and thank you again for your interest.

 

Sincerely,

Julianne Ortman

State Senator

District 34

“Too Big to Fail” does not apply in a Free Market society

Last Friday the following letter was sent to me, and million others, by President Obama on the need for Wall Street reform. The new battle on Capitol Hill is pitting American's vs. Wall Street. Perhaps Obama jumped the shark as a recent Pew Institute, http://pewresearch.org/pubs/1569/trust-in-government-distrust-discontent-anger-partisan-rancor; poll resulted in the trust in government hitting all-time low. What one will not see in the letter below is the slush fund and unchecked power attempting to be passed by the Obama administration. "Too big to fail" is a misnomer and should never be uttered again. The repeal of the Glass-Steagall Act under President Clinton kicked off the derivative fiasco that caused the "financial meltdown". Combine the repeal and artificially low interest rates led by Alan Greenspan, we have meltdown that all of us experienced.

Had our government left the Glass-Steagall Act alone and not felt that every American had the right to own a home despite being unable to pay for them, we would not have experienced the "meltdown". Government is not the answer to all of our ills. We do need to regulate the industry but it needs to be done judiciously and not without a check-n-balance or slush fund system which is being proposed by Democrats. Ask yourself why did the SEC file a civil suit against Goldman Sachs on the very day that Obama sends out this email?

 

Chris --

It has now been well over a year since the near collapse of our entire financial system that cost the nation more than 8 million jobs. To this day, hard-working families struggle to make ends meet.

We've made strides -- businesses are starting to hire, Americans are finding jobs, and neighbors who had given up looking are returning to the job market with new hope. But the flaws in our financial system that led to this crisis remain unresolved.

Wall Street titans still recklessly speculate with borrowed money. Big banks and credit card companies stack the deck to earn millions while far too many middle-class families, who have done everything right, can barely pay their bills or save for a better future.

We cannot delay action any longer. It is time to hold the big banks accountable to the people they serve, establish the strongest consumer protections in our nation's history -- and ensure that taxpayers will never again be forced to bail out big banks because they are "too big to fail."

That is what Wall Street reform will achieve, why I am so committed to making it happen, and why I'm asking for your help today.

We know that without enforceable, commonsense rules to check abuse and protect families, markets are not truly free. Wall Street reform will foster a strong and vibrant financial sector so that businesses can get loans; families can afford mortgages; entrepreneurs can find the capital to start a new company, sell a new product, or offer a new service.

Consumer financial protections are currently spread across seven different government agencies. Wall Street reform will create one single Consumer Financial Protection Agency -- tasked with preventing predatory practices and making sure you get the clear information, not fine print, needed to avoid ballooning mortgage payments or credit card rate hikes.

Reform will provide crucial new oversight, give shareholders a say on salaries and bonuses, and create new tools to break up failing financial firms so that taxpayers aren't forced into another unfair bailout. And reform will keep our economy secure by ensuring that no single firm can bring down the whole financial system.

With so much at stake, it is not surprising that allies of the big banks and Wall Street lenders have already launched a multi-million-dollar ad campaign to fight these changes. Arm-twisting lobbyists are already storming Capitol Hill, seeking to undermine the strong bipartisan foundation of reform with loopholes and exemptions for the most egregious abusers of consumers.

I won't accept anything short of the full protection that our citizens deserve and our economy needs. It's a fight worth having, and it is a fight we can win -- if we stand up and speak out together.

So I'm asking you to join me, starting today, by adding your name as a strong supporter of Wall Street reform:

http://my.barackobama.com/StandForWallStreetReform

Thank you,

President Barack Obama

LGA dependence endangers City Budgets

Sunday morning is a time when I am able to get caught up on the prior week events and prepare for the upcoming week. As I am making breakfast, sausage and waffles, I read this headline in the Star Tribune's Twin Cities +Life section: Excelsior looks to lease out city land. City Council member Mary Jo Fulkerson is quoted as saying, "We do have lake property that everybody in the county uses and it's a potential revenue stream. Everybody is suffering for this lack of local government aid. We are looking at various things to be able to balance the budget." Fulkerson is correct that many cities around Minnesota are seeing a budget crunch because of cuts to local government aid.

Yesterday I had a conversation with one of Hamburg's City Council members about, among other items, local government aid. As cities around Minnesota plan their budgets the unknown of how much local government aid (LGA) is on the mind of every City Clerk. We both agreed that LGA funds need to be viewed as a bonus or potential money and not be factored in to the city budget. Much like a bonus one may receive from a job. It is okay to keep it in mind, the bonus or LGA Funds, but should not be counted on becoming reality until it happens. This does not mean City Councils should not earmark how to use LGA funds instead City Councils should not count on it as part of their operating budgets. The same philosophy needs to be applied in St. Paul too. By looking at LGA money as a bonus and not part of the operating budget cities should not experiencing deficits going forward.

The other aspect of the article that raised my ire was the statement by City Manager Kristi Luger, "We literally get nothing from the state now…We need to look at all of our resources and one resource we do have is land." Several years ago a decision in Excelsior was made to eliminate softball tournaments at the Excelsior Commons. The City of Excelsior made it increasingly more difficult for organizers to attract teams that once flocked to the Commons during the summer. Many summers of my youth entailed several trips to the Excelsior Commons to watch my dad and mom participate in softball tournaments. One of the biggest tournaments was Carmichaels which attracted hundreds of people. The place was packed starting Friday evening until the final game on Sunday afternoon. Now, I recognize that softball tournaments alone will not make up for the loss of LGA funds but it definitely would benefit the city and businesses of Excelsior.

Responsible government is the order of the day and for our local governments to become dependent on LGA is a microcasm of a greater problem of American co-dependence on Big Government solutions.

Tax Day Rallies; What will be tomorrow’s headline?

Today is April 15^th. Have you filed your taxes? The bigger story today will be the millions attending Tea Party rallies around the United States. In Minnesota there will be 8 or 9 rallies with the largest one likely to be in St. Paul. I understand that many have formed their opinion of the Tea Party movement by what they gleam from MSNBC, CNN, ABC or other media outlets. I challenge everyone to make your own mind up by attending a rally today. Do not let the media through their slant or bias taint your understanding of the Tea Party movement.

The powers that be in the United States are using us as pawns in their game of power and see the Tea Party movement as another means. Groups on the Left will be attending the Tea Party rallies today to disrupt the rallies and attempt to blend themselves into the group in order to get sound bites for the mass media. This is not to say that a fringe element within the Tea Party muffles the message as the mass media has focused on them instead of the core.

Our 1^st Amendment right of freedom of assembly will be tested today as well. I am sure there will be counter rallies to the Tea Party as well. Although last year there was one in St. Paul that had a total of five people. No matter what side of the debate one is on, we can all agree that our current government is heading us to the cliff. The CBO has reported that our current spending is unsustainable and will lead to deficits unseen. So, get out there and have your voice heard. Be part of the action instead of having it reported to you. See with your own eyes and hear with your own ears as to the message being sent forth by the Tea Party. I do not expect anyone to agree with all their points but at least one will be able to hear them unfiltered.

Hamburg City Council Agenda – April 13, 2010

7:00. Call City Council Meeting to Order @ 7:00 PM

• Pledge of Allegiance
  
• Miscellaneous Business (Public Comments)
  
• Agenda Review (Added Items) and Adoption
  
• Approve Minutes for February 23, 2010
  
• Old City Business (Memo)
  

 

7:10. Fire Department Report

• Severe Weather Awareness Week
  
• FEMA Grants/US Fish & Wildlife Grant/DNR Grant
  
• Fire Department Vehicle Upgrades/Repairs
  
  • Engine Pump Testing
    
  • Rescue 11 Update – New/Old
    
  • Engine 12 Transmission Repairs
    
  • Rescue 12 Brake Repairs
    
• Regional Grant for Pagers
  

 

7:25. Carver County Commissioner Jim Ische & Attorney James Keeler, Jr.

• County Road 50 Agreement between City & Carver County
  
• County Plans for LGA Cuts
  
• Other Items for Discussion
  

 

7:45.    Joe & John Hubler

• Renovation of Old City Hall Building (411 Maria Avenue)
  
  • Memo from Ann Perry
    

 

8:05.    H.I.P. Group (Hamburg Improve Parks)

• Presentation of Future Plans
  

 

8:25. Dennis' Report (Public Works & Utilities)

• Project List (Added Items)
  
• Estimates for New Lawnmower
  
• Estimates for Sidewalk Replacement (Parkside Tavern)
  
• Estimates for Seal Coating (Donald Avenue)
  
• Crack Sealing (City Streets)
  
• Part-time Seasonal Help
  
• Sweep City Streets/Flush Hydrants
  
• Lift Station Repairs (Replace Brackets for Pumps)
  
• Water Wells Usage – Water Consumption
  
• Picnic Tables (Paint)
  
• Recall on Fire Hydrants (Update)
  
• Community Hall/Community Center Repairs
  
  • Hall Ceiling Tiles/Wax Floors
    
• Storm Sewer Repair (City Shop)
  
• MDH Drinking Water Report
  

 

 

 

 

• Ziegler Power Systems (Annual Preventive Maintenance)
  

 

8:50. Deputy Clerk Report

• Delinquent Utility Bills Report
  
• Email from Richard Odoms (Data Request)
  
• MCFOA Conference – July 12, 2010 to July 16, 2010
  
  • Received $150 Grant for Conference
    

 

9:05. City Clerk/Treasurer Report

• I/I Abatement Program (Sanitary Sewer/Storm Water Improvements)
  
  • Easements for Project
    
• Donation of Optec IIIP Eagle Voting Equipment
  
  • Donate Equipment to Brown County, Wisconsin
    
• Letter from Sheriff Bud Olson
  
  • Child Safety & Drug Prevention Education Program
    
• League of Minnesota Cities Letter
  
  • Budget Cuts (MVHC & LGA)
    
• Brush Pile Site Dates – Sign Up Sheet
  
• Informational Items
  
  • Quarterly Foreclosure Report
    
  • Sheriff's Invitation to Tenth Annual Recognition Night
    
  • Mediacom Letters (New Channels & Rates)
    
  • Carver County Adult Use Businesses Public Hearing
    
  • Carver County Water Management Plan Open House (May 13^th)
    
  • Sheriff's Report for March 2010
    

 

9:25. City Council Reports

• Councilmember Mueller Report (Sewer & Water)
  
• Councilmember Cummiskey Report (Streets)
  
  • Handicap Bathroom for Hall
    
• Councilmember Trebesch Report (Buildings)
  
• Councilmember Barnes Report (Parks)
  
• Mayor Malz Report
  

 

9:45. Approve Claims List for April 2010

 

9:50. Adjourn Meeting

 

 

 

 

 

 

 

 

 

"The times set forth above are estimated.  Some subjects may take a longer time to discuss and take action on; some subjects may take less time than set forth."