Incompetent U.S. Congress ‘kicks can’ . . . and ‘passes buck’ to next President and Congress . . . Passes short-term spending bill to fund Federal Government thru Dec 9

Captain Rick: The Senate and House passed a short-term spending bill that prevented a government shutdown at the end of the week. It has White House backing.

This legislation allows Congress to ‘kick the can down the road’ until after America elects a new President and new members of Congress. With a bunch of ‘lame ducks’ residing in congress at that time, you can bet they will again ‘kick the can down the road’ with another short-term spending bill to fund the government until after a new President and Congress take office in January. That’s when the excitement begins …

Fights over raising the debt limit broke out between the Obama White House and ruling Republicans in Congress in 2011 and 2013, unsettling Wall Street and foreign investors. The two sides struck a deal in 2015 to suspend the debt limit until Obama left office. The federal debt limit has been suspended since late 2015, but the law is set to be reinstated on March 16, 2017. The current debt limit of $20.1 trillion will be breached and another funding emergency will be at hand to prevent another U.S. government shutdown.

Government shutdowns in the past have become a ‘joke’ in that certain federal employees are told to stay home without pay, until Congress passed legislation to fund the government, which often included increasing the national debt and awarded compensation for all lost pay … meaning their time off was really an extra paid vacation; an insult to hard working employees of ‘Main Street’ America. The ‘Shutdown Game’ can not continue much longer because America is coming ever so close to falling off of the real and pending ‘Fiscal Cliff’. Many federal programs like Obamacare, Medicaid, Medicare and even Social Security are projected to implode in coming years without serious spending/taxation reform.

The U.S. National Debt has more than doubled since President Obama took office; from $9 trillion to $19.5 today. It is exploding at rate of $1.35 trillion each year. More than $10 trillion of ‘red ink debt dollars’ have been spent to keep the federal government functioning during the Obama Administration.

About 15% of money spent by the federal government has no revenue to support the expenditure and thus adds to the national debt. Much of this debt spending goes to states and cities in the form of federal grants. Our states and cities ‘drink up’ the grants like it is ‘free money coming from heaven’. Their philosophy is ‘if we don’t get the grant, some other city or state will’. What an awesomely greedy and fiscally reckless way to think. Shame on every city and state in America for slurping up these slush grants which add to the mushrooming U.S. National Debt. Our cities and states are a main contributors to the growing problem of America’s National Debt … debt which will be placed upon future generations to pay back … including our children and grand children. It’s a serious matter to think about.

I hope the next President and Congress will begin to balance the budget and curtail deficit spending. Saving America from falling off of the real and pending ‘Fiscal Cliff’, will not be easy. It will require ‘belt tightening’ by people, cities and states across America and most importantly by the U.S. Federal Government and our elected representatives in the U.S. Congress.

Gilbert Watch.com … a great site in Arizona … that everyone in our world can look up to

Captain Rick: Once in a while I come across a website that is worthy of my recognition and promotion. Such is the case with GilbertWatch.com. Its publisher, Anita Christy, works endlessly for no pay, like me, to convey important information. Anita…this is a tribute to you and the great service that you provide to many in Gilbert, Arizona and beyond.

Click the image link above to view a Gilbert Watch report that features Atridim News Journal and its Gilbert Council Scorecard. From it you can access the entire Gilbert Watch site. I appreciate Atridim News Journal being listed as a resource on the Gilbert Watch ‘Resources’ menu. 

ATRIDIM NEWS JOURNAL introduces a new page…Resources

I created this page as means to appreciate and recognize blog sites that are outstanding in excellence…especially those that promote ATRIDIM NEWS JOURNAL by reblogging ANJ posts or presenting links to ANJ. The world works so much better when we all work together. I am pleased to present Gilbert Watch as ATRIDIM NEWS JOURNAL’s first resource.

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Gilbert Arizona: Town Council approves new Advisory Board to research 2012 ICC Building Codes before becoming law

Captain Rick: Gordon Ray is a chief research investigator for NNCIA, a group of citizens working to prevent Gilbert Arizona from adopting unnecessary 2012 ICC Building Codes into law. He presents guest commentary on this important subject facing Gilbert and thousands of cities across America. Gordon is a leader of liberty that people from all cities across America and beyond should pay attention to.

Guest Commentary

by

Gordon Ray

Gilbert, Arizona

To all Defenders of Freedom of Choice and Liberty,

The town management of Gilbert, AZ came up with several reasons that they felt the town council should adopt the 2012 ICC Building Codes into law before any of the councilmen had a chance to even read them.
The ICC 2006 codes were adopted on November 13, 2007 with no discussion from council. The following statement was also adopted at the same time!

Any person found guilty of violating any provision of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed two thousand five hundred dollars ($2,500) or by
imprisonment for a period not to exceed six (6) months, or both such fine and imprisonment. Each day that a violation continues shall be a separate offence punishable as herein described.

A group of concerned citizens found out about the plan and they started to do some research into town management’s reason for adoption of the 2012 ICC codes. The result of the research has been enlightening, to say the least! The citizens group found out, through their research, that every single reason for adoption presented by town management, in their opinion, was flawed.

The town management continued to press for adoption. The citizens group began an education campaign to gain support for their movement to make the codes voluntary (per the ICC preface page) except for structural items and
life/safety items.

As the citizen’s group studied, they found out that the ICC is just a non-profit group of businessmen with ties directly to the executive branch of the federal government! Did anyone pay attention when President Obama proclaimed March as "National Building Code Month"? These men found out that they can make a lot of money by stacking committees to approve certain building products that would then be listed in the codes they wrote. These men would then sell their code books to town and city councils and get the councils to pass the codes into law for them!
Once the codes were law, their products would be mandated for use by every builder and would then make millions for the code writers and their people.

It appears that all towns and cities think that they need to adopt the latest codes for "status reasons" so that they do not look as being "backwards" to other communities. With that apparent mindset by the town of Gilbert, the citizens group came up with 3 amendments to be added to the adoption of the 2012 ICC codes that would limit the enforcement of the codes to important items only.
They are as follows:
Amendment #1 – Omit the Energy and Green Code completely (must not be adopted as optional).
Amendment #2 – Restrict enforcement of the ICC codes to the existing plan review and inspection checklists, which are already in place. These existing checklists can be reviewed, amended, and updated as needed by the Town Council. With only the important code items being enforced, it makes for more consistency in plan reviews and especially in field inspections. (not to mention the reduction of the time involved reviewing plans and making inspections.) 
Amendment #3 – Establish an ongoing review process to identify and remove mandates that are not life/safety.
Our group feels that the important life/safety issues were addressed and implemented many years ago in previous codes. They have now become common practice. We propose keeping those items in place. We do not see a need to become "more safe" with thousands of dollars of useless codes adopted every three years! We do not feel in danger when we enter an older home or building that was built under the former outdated ICC code or any other code for that matter.

Here are some questions to consider when you think that we NEED to be on the latest and greatest codes:
When you made the decision to buy the home you are in now, did you for even one second consider the "code" the home was built under in making that decision? Or, did you think, because this is an older home, is this home going to be a safe home for my kids? Or did you just think "how will this home serve my family’s needs"? Knowing full well that you could add or change anything you want to make the home serve the needs of your family after you moved in.
We want safe homes like everyone else! We do not want to be forced to buy products or to be mandated, by law, to install all the unnecessary items that should be optional in a "free market"  that are now called out in the ever-changing ICC family of codes.

Gordon
For more information on this subject, visit: http://www.nonewcodes.com/

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Building Codes

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Guest Commentary

Gilbert Arizona Council faces controversial vote to adopt ICC’s 2012 Building Code

Captain Rick: The Council of Gilbert, Arizona will vote Thursday on the controversial issue of adopting ICC’s 2012 building codes. Local builders say adoption of this code upgrade is forcing elevated costs because of non-life-safety standards, especially ‘energy-saving’ and ‘green’ ones, which ultimately end up being passed to the home buyers.

I believe the ICC is a ‘money hungry’, ‘union-like’ organization that is on track to become the world’s “Big Brother”…being fueled by our local government’s sensation for being a blind follower and investor of citizen tax dollars in ‘blind waste’. I despise the ICC sucking in my fellow Gilbert citizens as victims. Other cities, states and countries should pay close attention to this so that they do not also become victims of the ICC “Big Brother”.

I consider this an extremely important issue…one of the most important in my 16 years as a Gilbert citizen.

I share with you an email I sent to the Town Council of Gilbert, Arizona today:

Mayor John Lewis and Councilmembers,

I urge you to reject approval of incorporation of the 2012 ICC Code into Gilbert building code law, unless amended as follows…

I urge you to approve an amendment to eliminate or make voluntary the ‘Green’ and ‘Energy-saving’ sections of the code.

While these sections contain some good ideas and new technology, they also contain some bad ideas and technology that is already obsolete. I offer the case of the CFL bulb as a prime example. It is stipulated in the 2012 ICC code, yet this technology is already obsolete, proven to be a ‘waste hazardous’ detriment to our land fills. CFL lighting is rapidly being overtaken by LED lighting. A few short years ago all of the HDTV sets in the world were back lit by CFL lighting. That is all history. Solid state LED lighting has totally taken over the HDTV industry. The same is rapidly taking place in the home lighting arena. This is just one example of outdated technology stipulated in the 2012 ICC code.

If ICC is paying attention, I suspect we will see them catch up and incorporate LED technology in the 2015 code. The important point I make is that technology is expanding at a far greater speed than the intelligence of the ‘old world idiots’ at ICC. To make any of their ‘green’ and ‘energy-saving’ technology mandatory, would be like taking a chain an wrapping it around the legs of our builders. The ONLY intelligent way to keep up with the rapidly expanding world of technology is to make all of this ‘stuff’ voluntary. Lets let technology be the driver…not some archaic set of outdated ICC code.

Think what would have happened to HDTVs if America let the ICC dictate how HDTVs were designed and built. We would be living in the dark ages. Its time to loosen the reigns of government and let the professionals take control (none of which reside at the ‘money hungry, union-like’ ICC). It will produce a lot finer America.

I would like to see Gilbert set a shining example for the world to view…how we do things right…not by following other communities that have lost the ability to think and innovate…needing to incorporate ‘caveman’ technology as presented by the ICCs ‘Green’ and ‘Energy-saving’ codes.

I also believe it would be of great benefit for Gilbert to create a new commission of volunteers to help mold future Gilbert building code law. I envision this commission to be on a similar level of or at least an extension of our planning commission. Perhaps they could be assigned the task of wading thru the massive, mile-high, mountain of ICC codes and determine what is really good for Gilbert.

It is no secret that I am not fond of the ICC, a union-like, not-for-profit corporation that is using its vast wealth to become our world’s ‘Big Brother’. I see the citizens of Gilbert lie among its endless sea of victims.

By making these codes voluntary, it gives builders extra options, but does not obligate them to suffer losses realized from bad and often outdated code. Gilbert code should stipulate code which primarily promotes life safety. It should not mandate energy efficiency or green technology…but rather encourage the ideas as voluntary.

For increased understanding of ICC Building Codes, please read my series of posts on ATRIDIM NEWS JOURNAL: https://atridim.wordpress.com/category/building-codes/

Captain Rick

View the minutes of this historic Gilbert Town Council meeting in the first comment below. 

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Building Codes

Gilbert Town Council

Gilbert Council Proper Votes

Gilbert Council Scorecard

Victor Petersen: Gilbert’s budget represents a decrease in government efficiency by spending more tax dollars per citizen … “Where spending leads, taxes must follow”

Captain Rick: Councilmember Victor Petersen says Gilbert Arizona’s new budget represents a decrease in government efficiency by spending more tax dollars per citizen. The Town Council recently adopted a $466 million budget for FY14 that included a massive increase in employee compensation due to a new over-inflated pay structure and addition of several new $80,000 to $100,000 positions. The $12 million (12%) increase in general fund spending results in a spike in general fund costs of an average of $39 for each of Gilbert’s estimated 233,000 citizens and presents a 6% decrease in government efficiency.

The spreadsheet Victor presents below demonstrates this spike in costs. As an engineer, I examined its calculations and confirm they are accurate. The slope of the incline for the coming year closely resembles the incline experienced during the three reckless spending years leading up to the stock market crash and ‘Great Recession’. Considering the anemic condition of our economy, with GDP growth well below what is considered healthy, this new spending spree concerns me greatly. We can not afford another year or two of addition reckless spending. I applaud Victor for bringing this important information to our attention. I believe cities across America and beyond will be interested in the data Victor presents.

Victor was one of two councilmembers that voted ‘NO’ … against adoption of the budget as presented. This has earned him Captain Rick’s “PROPER VOTE” on ATRIDIM NEWS JOURNAL’s “Gilbert Council Scorecard”, which keeps track of how Gilbert Councilmembers vote on important, controversial issues.   

I invited Victor to present guest commentary on ATRIDIM NEWS JOURNAL concerning his vote on this important fiscal event. He graciously accepted. I am honored to present …

Guest Commentary

by

Victor Petersen

Councilmember, Gilbert, Arizona

The latest budget adoption represents a decrease in government efficiency in Gilbert. One of our strategic initiatives is "High Performing Government," which is a worthy goal but our council has settled for less performance by spending significantly more tax dollars per citizen than in years past.

It is especially troubling that the data suggests that we are heading off in the same direction that lead to the demand for a tax increase which is represented in this graph by the bubble from FY 06 to FY 10.

This data shows that the amount we are spending for ongoing costs per citizen are increasing significantly. It’s troubling that it appears to be heading off in the same direction we saw before the big push for a sales tax increase. The simple fact is that where spending leads taxes must follow. I fear the direction that has been taken will require correction just like the data shows happened for the tax push years and correction was and is a painful process.

The bottom line is that instead of getting more efficient by making each tax dollar work harder we are actually seeing the opposite trend. I believe we owe it to ourselves and the taxpayers to improve in governmental efficiency and raise the bar we have set.

It must be recognized that most of this ongoing increase is due to the massive increase in compensation passed by the council. While some increase was merited Councilmember Taylor and I proposed a lesser increase which would have put total compensation more inline with the market and saved millions per year.

I am all for progress when it means replacing something good with something better, but I am a conservative when it’s proposed to replace what’s best with something less. I want to conserve the successes of the past and build on them for greater successes in the future. I believe in the right of our citizen’s to expect and even demand this and I believe in our staff’s ability to achieve it. We have set the bar here in Gilbert in government efficiency and we are the only ones who can raise it. We owe it to our citizens and to ourselves to do it.

Victor Petersen

____________________________

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Gilbert Council Scorecard

Previous Gilbert Council PROPER VOTE Reports

Gilbert Town Council Reports

Gilbert Arizona Reports

Jared Taylor: Gilbert missed opportunity to continue course of fiscal responsibility with adoption of $466 million FY14 Budget

Captain Rick: Councilmember Jared Taylor says Gilbert, Arizona missed a great opportunity to continue a course of fiscal responsibility when the Council adopted the $466 million budget for FY14 that included the addition of several new $80,000 to $100,000 positions with no value added for the town’s 230,000 citizens.

Jared was one of two councilmembers that voted ‘NO’ … against adoption of the budget as presented. This has earned him Captain Rick’s “PROPER VOTE” on ATRIDIM NEWS JOURNAL’s “Gilbert Council Scorecard”, which keeps track of how Gilbert Councilmembers vote on important, controversial issues.

I invited Jared to present guest commentary on ATRIDIM NEWS JOURNAL concerning his vote on this important fiscal event. He graciously accepted. I am honored to present …

Guest Commentary

by

Jared Taylor

Councilmember, Gilbert, Arizona

The Town budget discussion for 2014 was a great opportunity to continue a course of fiscal responsibility. The budget represents many things, particularly the priorities of an organization.

As I looked at the budget proposals for fiscal year 2014 (FY14), many positive things were included to build a safer cleaner community. However, there were also areas of concern which made the Town government less efficient and less valuable to our citizens. For example, Town Staff recommended a number of administrative positions that cost approximately $80,000-$100,000 annually for each position. These positions would add no direct value to the lives of our citizens.

The larger concern of this budget for me was the increased burden it places on each citizen without increasing the value of the Town services to each citizen. In other words, we are not getting new parks or services although we are paying more for what we get. This increased rate of spending outpaced inflation at a rate which created multi-million dollar deficits.

The recommendation to have the budget follow the rate of inflation was based on the wise advice by Councilmember Jenn Daniels to create a policy to guide this and future budgets. This policy would avoid Council from going through the details of the budget, but would give the Town Manager the direction and flexibility to manage the Town within responsible limits.

The primary argument to increase spending was to fully fund what is known as WIGs. (A.k.a. Wildly Important Goals) One of the major outcomes for the WIGs is for the Town to be more operationally efficient. Unfortunately, we are not becoming more efficient with this budget, but less efficient. Other concerns were presented that we are not able to find enough money to cut although those were quickly addressed.

In the end, a budget with too much spending was passed by a 5-2 vote. Further, this budget was not based on an agreed upon policy or a serious cost containment strategy. The FY14 budget’s rate of growth outpaces inflation and puts us on a path to run a deficit in 1-2 years. Any uptick in sales tax revenues will mask this for a few years, but when another downturn hits, we’ll be forced to make a decision to raise taxes or make drastic cuts again. The recommendation to follow the rate of inflation more effectively controls our spending and is more aligned with other costs hard-working taxpayers are facing day-to-day.

I’m committed to a small and efficient Town government. Our staff aspires to be a “high-performing government” on paper, but unfortunately doesn’t consistently follow high-performing practices of other organizations. We can do better and I’m looking forward to working with them more to understand ways to stay focused on adding value to our citizen’s lives.

Government should not be a jobs program. Government exists to protect individual rights. As Abraham Lincoln said 150 years ago, government should be “of the people, by the people, for the people” and our budgets should reflect this commitment. I will continue to work to make it so in Gilbert.

Jared Taylor

____________________________

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Gilbert Town Council Reports

Gilbert Arizona Reports

The ICC: Is it ‘Big Brother watching you’ ? …. an abuse of power and civil liberties ?

Captain Rick: The ICC (International Code Council) is becoming ‘Big Brother’ to control the makeup of your home…the methods and products used in its construction and the products that you can use or install after purchase. These codes are infiltrating local building codes across America, Canada, Australia, Europe and beyond.

The ICC’s intentions are to write a code to regulate every building method and product used such that every house and building on earth is 100% safe and 100% efficient…by their standards. I ask…’who are they…big brother’? I see this as a major intrusion of liberty and increased cost for citizens of America and beyond. These codes contain many good elements concerning safety and and some for efficiency, but for the most part, they are an endless wish list of regulation that invades the liberty of people and forces them to absorb significant added cost for little or no proven gain.

Big Brother’s face looms from giant telescreens in Victory Square in Michael Radford’s 1984 film adaptation of George Orwell‘s Nineteen Eighty-Four. Since the publication of Nineteen Eighty-Four, the term “Big Brother” has entered the lexicon as a synonym for abuse of government power, particularly in respect to civil liberties.

The Cost of ICC’s madness

The ICC is getting rich milking local and state governments and builders $1347.95 for a single user license of the complete collection of the 2012 building codes on CD ROM. If every state, major city and builder in the U.S. purchased one license, the ICC’s income would exceed $1 Billion. This material is also being marketed in Canada, Mexico, Australia, Europe and beyond. It is easy to assume actual ICC income is well beyond that and the entire sum plus a myriad of added expenses at the state and local levels are all passed on to the end user…the citizens of America and beyond. I view the ICC’s efforts as a major financial rip-off of citizen’s tax dollars and more importantly…their liberty. I wonder if the ICC is becoming part of ‘Big Brother’ as presented in George Orwell’s ‘Nineteen Eighty-Four’…a lexicon for abuse of government power, particularly with respect to civil liberties.

More Information:

I welcome you to view my previous blog post on this matter of extreme importance: https://atridim.wordpress.com/2013/06/07/u-s-building-codes-facing-major-upgrade-is-this-a-good-plan-or-a-recipe-for-disaster-some-excited-some-fear-is-liberty-at-stake/

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Associated ATRIDIM NEWS JOURNAL Report Categories:

Building Codes: https://atridim.wordpress.com/category/building-codes/

Gilbert Council Proper Vote Scorecard: https://atridim.wordpress.com/category/gilbert-council-proper-vote-scorecard/

Gilbert Town Council: https://atridim.wordpress.com/category/gilbert-town-council/

U.S. Building Codes facing major upgrade … Is this a good plan or a recipe for disaster ? Some excited, some fear ! Is Liberty at stake?

Captain Rick: Gilbert, Arizona Councilmembers face an important vote in coming weeks to determine if Gilbert will adopt the 2012 ICC building codes into Gilbert building code. Many local residents are concerned, some fearing the city will control what kind of light bulbs they can use and more. This is a viable concern that all Americans should devote significant interest to. The liberty of all Americans is at stake!

During the past few weeks I have heard lots of concern from friends in Gilbert concerning this important pending vote. Some concerns seem to be based on fear, but many on realistic concern. As a long-time, happy, home owner in Gilbert, I wish to help everyone understand this important decision by utilizing my life-long engineering skills, which span the mechanical, electrical and electronic spectrum, to help sort out the good from the bad…the right from the wrong…so that the most intelligent decision is reached. My hope is that our council’s decision will establish Gilbert as a national leader of intelligent building code enhancements…not a follower of code hype that supports illogical dreams of energy efficiency and safety.

History of the ICC  (International Code Council)

It’s  a conglomeration of codes compiled by three of the nations most respected code groups:

Building Officials Code Administrators International (BOCA) were used on the East Coast and throughout the Midwest of the United States

Southern Building Code Congress International (SBCCI) were used in the Southeast

International Conference of Building Officials (ICBO) covered the West Coast and across to most of the Midwest.

By early 1990s it became obvious that the country needed a single coordinated set of national model building codes.

The nation’s three model code groups decided to combine their efforts and in 1994 formed the International Code Council (ICC) to develop codes that would have no regional limitations.

After three years of extensive research and development, the first edition of the International Building Code was published in 1997.

By the year 2000, ICC had completed the International Codes series. It has released an updated version of the code every three years since. The latest and most controversial is the 2012 edition.

ICC Building Code Requirements

Building code requirements generally apply to the construction of new buildings and alterations or additions to existing buildings, changes in the use of buildings, and the demolition of buildings or portions of buildings at the ends of their useful or economic lives.

As such, building codes obtain their effect from the voluntary decisions of property owners to erect, alter, add to, or demolish a building in a jurisdiction where a building code applies, because these circumstances routinely require a permit.

The plans are subject to review for compliance with current building codes as part of the permit application process.

Alterations and additions to an existing building must usually comply with all new requirements applicable to their scope as related to the intended use of the building as defined by the adopted code.

Some changes in the use of a building often expose the entire building to the requirement to comply fully with provisions of the code applicable to the new use because the applicability of the code is use-specific.

A change in use usually changes the applicability of code requirements and as such, will subject the building to review for compliance with the currently applicable codes.

Existing buildings are not exempt from new requirements, especially those considered essential to achieve health, safety or general welfare objectives of the adopting jurisdiction, even when they are not otherwise subject to alteration, addition, change in use, or demolition. Such requirements typically remedy existing conditions, considered in hindsight, inimical to safety, such as the lack of automatic fire sprinklers in certain places of assembly, as became a major concern after the Station nightclub fire in 2003 killed 100 people.

ICC Building Requirements in Question

This is a developing report. I look to my fellow Gilbert neighbors and all concerned to help develop this report by commenting with your concerns and ideas for improvement.

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Associated ATRIDIM NEWS JOURNAL Report Categories:

Building Codes: https://atridim.wordpress.com/category/building-codes/

Gilbert Council Proper Vote Scorecard: https://atridim.wordpress.com/category/gilbert-council-proper-vote-scorecard/

Gilbert Town Council: https://atridim.wordpress.com/category/gilbert-town-council/

Sign the petition to have Gilbert govern itself  by having ICC codes treated as suggestions and recommendations only: http://www.ipetitions.com/petition/gilbert-can-govern-itself/

Important Info from other sites:

Out of Control EPA and Arizona Code Enforcers: http://www.gilbertwatch.com/gilbertwatch/index.cfm/blog/out-of-control-epa-and-arizona-code-enforcers/

Quest for Excellence – Best Done Through Mandates or Personal Choice?: http://www.gilbertwatch.com/gilbertwatch/index.cfm/blog/quest-for-excellence-best-done-through-mandates-or-personal-choice/

Gilbert Arizona Town Council set to eliminate Study Sessions … My words of Caution

Captain Rick: The Gilbert Arizona Town Council is set to eliminate study sessions that precede each council meeting. As a viewer of every Gilbert council meeting since 1997, I shared my concern with our council.

A copy of my email to the Gilbert Town Council on May 11, 2013:

Mayor Lewis and Council,

As a viewer of every council meeting and study session televised since 1997…and frequent council commentator, you know I am an avid supporter of council study sessions. They often contain info that is more meaningful and educational than that presented during the ‘show biz’ council meeting.

I know all of you have a busy schedule and your time is precious. Mine is also…so I understand. From council study discussion on 4/30, it sounds like most are in favor of ending the study sessions.

I have one simple request to make that I hope every member of council will honor. Please ensure all staff presentations, that have been a vital part of the study sessions, will become part of the regular council meetings. To me, they are a vital contribution to the process.

I encourage all to consider Ben Cooper’s remarks concerning the probable increased need to postpone council decisions…should more investigation and research be needed.

My ‘Proper Vote’ will always go to those who get it right the first time…not those who were the first to ‘jump on a popular ship headed for nowhere’. I urge all to slow the pace and get it right the first time. We did not elect you to be ‘speed demons’ or ‘show biz artists’. We elected you to represent our great town of Gilbert, Arizona with wisdom.

Captain Rick

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Associated ATRIDIM NEWS JOURNAL Report Categories:

Gilbert Town Council: https://atridim.wordpress.com/category/gilbert-town-council/

Gilbert Council Proper Vote Scorecard: https://atridim.wordpress.com/category/gilbert-council-proper-vote-scorecard/

Gilbert Arizona: https://atridim.wordpress.com/category/gilbert-arizona/

3 Gilbert Arizona Councilmembers achieve Proper Vote Award to stop Federal Grant spending that grows the U.S. National Debt

Captain Rick: Our cities welcome federal grant money, thinking the federal government has an endless supply of money that can be spent on anything its heart desires. The fact is the U.S. general fund is bankrupt, spending $1.1 trillion more than revenue received. Most federal grant dollars dished out by HUD are dollars printed with red ink…that add directly to the U.S. National Debt. Its time local government says NO to spending this red ink.

Three Gilbert Arizona Councilmembers have come forward to set an example for America to follow by placing their vote of NO for receiving federal grants from the U.S. Department of Housing and Urban Development (HUD). They are American pioneers. I hope other state and local representatives across America will pay attention to their lead and join the journey to save America form fiscal ruin.

The issue presented to the Gilbert, Arizona Town Council on April 4, 2013: Item 20: HUD Federal Grant of $748,764 for the benefit of low/medium income residents and to alleviate conditions of slum and blight, of which 20% ($149,753) is approved for administrative costs.

Councilmember statements presented during the meeting

 Jared Taylor

We have 16.8 trillion in national debt. Every day since Sep 28, 2007 we have added $3.86 billion to our national debt. The money for this appropriation doesn’t really exist. It may be something that congress passes on a bill, but the United States government is absolutely broke at the federal level. The local and state levels have constitutions and statutes that require us to have balanced budgets. The national government doesn’t and the are running massive deficits and so while they pass these allocations that say there is money available, it doesn’t exist. We are borrowing money from the Federal Reserve and its loaned money from China. That concerns me. What we are doing is putting a future burden on our children and that is not fair.

 Eddie Cook

The federal government doesn’t have the money. If we believe these are things we need to do, lets do it on our own dime…our own money. Taking federal money is just not the right decision at this point.

 Victor Petersen

Where we have power, we have responsibility. Tonight we have power over some of those funds. If we are going to participate in that federal spending, I don’t think it’s a good choice and I don’t think we can resolve ourselves of that responsibility. We need to temper our anxiety. If we do that I think we loose our moral position to complain about spending at the federal government.

Captain Rick’s PROPER VOTE Award: I have awarded Councilmembers Petersen, Taylor and Cook for their ‘Proper Vote’ of ‘NO’. Their awards have been added to my Gilbert Council Scorecard:

Captain Rick’s Gilbert Council Scorecard: My scorecard keeps track of all of the ‘Proper Votes’ from previous important and controversial votes:  https://atridim.wordpress.com/gilbert-council-scorecard/

I welcome your comments, likes, shares and following of my blog! (If not visible, click the red title above)

Info from previous reports:

Federal Grants: https://atridim.wordpress.com/category/federal-grants/

U.S. Debt Crisis: https://atridim.wordpress.com/category/u-s-debt-crisis/

Fiscal Cliff 101: https://atridim.wordpress.com/category/fiscal-cliff-course-101/

U.S. Jobs: Stalled . . . 5 Million discouraged Workers hopelessly Unemployed

Captain Rick: The December Jobs Report marked the tenth month in a row of lackluster job creation. Only 155,000 jobs added, just above the red break-even line of enough jobs to keep pace with population growth. That leaves 4.8 million discouraged workers … hopelessly unemployed.

1.84 million jobs were created during 2012. That sounds huge, but it only broke even with the 1.8 million needed to keep pace with population growth.

U.S. Unemployment rate is inept and meaningless … the real unemployment rate is about 15%

I no longer report on the U.S. Labor Department unemployment percentage, which basically counts only those who are registered and receiving unemployment compensation. It does not include the other half of the workers that dropped off of the government’s ‘radar screen’ … the 4.8 million who have exhausted their unemployment compensation and remain discouraged and hopelessly unemployed. The Labor Department should abandon the ‘unemployment rate’ and replace it with a figure that is closer to reality. The actual unemployment rate, sometimes called the ‘underemployment rate’, stands at about 15%, among the highest since the Great Depression of the 1930s.

The growing number of hopelessly unemployed is worrisome

Studies widely show the longer a person is unemployed, the weaker his or her chances are of getting a job. At some point, long-term unemployment can lead workers to become permanently detached from the labor force. That’s not good for the economy.

How long will it take to reduce unemployment to pre recession levels?

The Hamilton Project, an economic research arm of the Brookings Institution, publishes a “jobs gap” calculator that estimates just how long it will take to get back to pre recession levels, assuming the only major job market dropouts are Baby Boomers who are retiring. At the current rate of hiring, the Hamilton Project estimates it would take until 2025 to get back to a pre-recession job market. I must caution … that report does not consider the monumental fiscal challenge America faces with the upcoming Fiscal Cliff Sequester and Debt Ceiling issue. If President Obama and the U.S. Legislature continue to ‘kick the fiscal can down the road’, it could be far beyond 2025 before America recovers to pre recession unemployment levels, possibly never.

Caution for U.S. State Governors and City Managers

If you think America is on the road to recovery … THINK AGAIN !!! America is on a very serious fiscal downhill slide …headed for the ultimate ‘Fiscal Cliff’. Continue to spend money like there is ‘no tomorrow’ or prepare for coming reality by shoring up fiscal defenses.

Get Educated about the serious fiscal problems facing America … and the world

A great source: Captain Rick’s Fiscal Cliff Course 101 … The course starts at the very bottom.

Michigan becomes 24th “right-to-work” state … new law weakens unions’ power

Captain Rick: Michigan Gov. Rick Snyder signed legislation Tuesday that now allows workers at union-represented employers to forgo paying dues. Michigan, the birthplace of the United Auto Workers where 17.5% of employees are represented by unions, is by far the most heavily unionized state to pass “right-to-work” legislation. This has the potential of starting a move to crack the union “job-killing” stronghold in the American northeast.

I chose the short video above as the best of many to give you a quick overview of this monumental legislation.

What is a right-to-work law?
A right-to-work law is a statute in the United States of America that prohibits union security agreements, or agreements between labor unions and employers that govern the extent to which an established union can require employees’ membership, payment of union dues, or fees as a condition of employment, either before or after hiring. Such laws are allowed under the 1947 federal Taft–Hartley Act. Before then, an employee who ceased being a member of the union for whatever reason, from failure to pay dues to expulsion from the union as an internal disciplinary punishment, could also be fired even if the employee did not violate any of the employer’s rules.

What is the benefit of a right-to-work law?

Right-to-work states have done better in terms of growing jobs, according to State Budget Solutions, an advocacy group that supported the measure. Right-to-work states saw employment expand by 8.2% between 2001 and 2010, while those without the law experienced a 0.5% decrease, according to the group’s analysis of Bureau of Labor Statistics figures.

Which states have a right-to-work law?
Right-to-work laws now exist in twenty-four U.S. states as shown in the map below. In my humble opinion, they are the 24 states which are leading America out of the past doldrums of “shipping” millions of well-paying American jobs to China, Mexico and may other foreign countries because of the endless greed of American labor unions for more power and wealth. I am proud of my state of Arizona for being a “right-to-work” pioneer and leader. Arizona was the first state to pass “right-to-work” legislation way back on November 22, 1948. Arizona has since enjoyed the company of 23 other states who have a desire to do what is best to grow jobs at home in America.

Captain Rick’s closing thoughts

Nationwide, union membership stands at 11.8% and is decreasing daily. That is good. I look forward to the day when it reaches zero. There was a day nearly a century ago that unions played an important role in protecting the safety and well being of American jobs. After World War II, unions became nothing more than a money-making scheme for a few to get rich at the expense of many. During the latter half of the last century America has witnessed the destruction of much of America’s manufacturing base along with the end of millions of well paying jobs that were sent overseas because they could be done at less cost. I hold American unions mostly to blame for this travesty. American unions are running out of “suckers” so they are relentlessly perusing the only remaining frontier for their financial greed … service jobs in the government sector which consists mainly of teachers, police, fire and other civic employees. The union thought is that these jobs can not escape America, so they have free reign. I hope our elected civic servants will be wise to this ploy and help prevent one of the last American job frontiers from destruction.

Proclamation read in Spanish during Gilbert Council Meeting … A violation of Article 28 of the Arizona Constitution?

Captain Rick: During the September 20, 2012 Gilbert Town Council meeting I witnessed a council proclamation read in Spanish for a duration of 4 minutes, declaring Gilbert Hispanic Heritage Month. This occurred between between the council meeting quorum call and adjournment, identifying it as an official action. The proclamation was sealed with Gilbert Mayor John Lewis’s signature.  The proclamation session was lead by Councilmember Eddie Cook who stated “folks here can follow along in English and the folks at home could as well”.  There was no means provided for anyone at home to follow along in English. For the entire English-speaking audience via TV and the internet, it appeared to be a 4 minute speech in Spanish, with no understanding of what was being said. I was one of many citizens in Gilbert, Arizona that was astounded. This appeared to be a violation of Article 28 of the Arizona Constitution, the ‘English Only’ law, receiving 74% voter support as Proposition 103 in the November 2006 election. I set out on a journey to find the answer to the question … Was this a violation of Article 28 of the Arizona Constitution?

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Council Inquiries, responses and thoughts

I asked Gilbert Mayor John Lewis about this council action.

Gilbert Mayor John Lewis (10/2/12): “Your attention to detail is appreciated. When this was discussed, we were told that Article 28 of the Arizona Constitution (English-only provision) applies to “official business of the Town” and speaking another language in the “Presentation” portion of the agenda was not in violation of Constitution. If you have different information, please let us know”.

My thought … I was honored with the Mayor’s reply, but it left me wondering. Yes, it does apply to ‘official business’ … but the ‘presentation portion’ was clearly in the ‘official business’ portion of the meeting. It made little sense to me. I continued my investigation.

I asked Gilbert Councilmember Eddie Cook about this action.

Gilbert Councilmember Eddie Cook (10/2/12): “I was planning on proclaiming the proclamation in English that night, but staff approached me and said they had a member from staff that would make the proclamation in Spanish. They indicated that the English version would be shown on the screen in the chamber. I’ve now asked staff to research this matter as to possible violation to the State Constitution that all business be conducted in English including the reading of proclamations. Once I receive the report, I will contact you again.”

My thought …  That sounds like a very honest answer. It impressed me as did his promise to contact me with an update:

Gilbert Councilmember Eddie Cook (10/9/12): “I did ask staff to research this issue. The Town Attorney researched the question of whether reading the Mayor’s proclamation of Hispanic Heritage Month in Spanish violated Article 28 of the Arizona Constitution. The Town Attorney indicated that Article 28 was not violated because a Mayor’s proclamation is not an “official action” as that term is defined in Article 28. The Town Attorney indicates that the Mayor’s proclamation is a unilateral proclamation of the Mayor and was not an official action of the Council. I’d be open in hearing your feedback.”

My thought … Councilmember Eddie Cook gained my respect in his replies. Concerning the Town Attorney’s research mentioned: “a mayor’s proclamation is not an ‘official action’ as defined in Article 28” and “the Mayor’s proclamation is a ‘unilateral proclamation’ and was not an official action of the Council” … I found myself in a state of dismay. This made no sense to me, based on research that I had already conducted.  It left me wondering how far off track Gilbert’s legal advise has strayed. I continued my research that was well underway.

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Journey to find the truth … with extensive research and experience 

I set out on a journey to research Prop 103 and Article 28 of the Arizona Constitution. It consumed countless hours of time.  I was equipped with my 40-year engineering career experience and accomplishments of having achieved 8 United States Patents for mechanical design and the skills developed working along side of numerous patent attorneys to decipher the ever-so-slight difference between infringing on a patent or not. My research shows that Article 28 of the Arizona Constitution is clearly written and an easily understandable document in comparison to the complexity of patent documents I have critiqued.

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Research of Proposition 103 … overwhelmingly approved by Arizona voters (74%) in 2006 as Arizona’s ‘English Only’ law which molded Article 28 of the Arizona Constitution

The early part of my research looked into the foundation of Prop 103. Why was it presented to Arizona voters? The best answer is well presented in the actual wording of Prop 103:

Whereas, the United States is comprised of individuals from diverse ethnic, cultural and linguistic backgrounds, and continues to benefit from this rich diversity; and

Whereas, throughout the history of the United States, the common thread binding individuals of differing backgrounds has been the English language, which has permitted diverse individuals to discuss, debate and come to agreement on contentious issues; and

Whereas, in recent years, the role of the English language as a common language has been threatened by governmental actions that either ignore or harm the role of English or that promote the use of languages other than English in official governmental actions, and these governmental actions promote division, confusion, error and inappropriate use of resources; and

Whereas, among the powers reserved to the States respectively is the power to establish the English language as the official language of the respective States, and otherwise to promote the English language within the respective States, subject to the prohibitions enumerated in the Constitution of the United States and federal statutes.

Source: http://www.azsos.gov/election/2006/info/pubpamphlet/english/Prop103.htm

Prop 103 became law and amended Article 28 of the Arizona Constitution.

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Research of Article 28 of the Arizona Constitution

Article 28 of Arizona Constitution can be summed up as follows:

1. English as the official language; applicability Section 1.

(1) The English language is the official language of the state of Arizona.

(2) As the official language of this state, the English language is the language of the ballot, the public schools and all government functions and actions.

(3)(a) This article applies to:

(i) The legislative, executive and judicial branches of government.

(ii) All political subdivisions, departments, agencies, organizations, and instrumentalities of this state, including local governments and municipalities.

(iii) All statutes, ordinances, rules, orders, programs and policies.

(iv) All government officials and employees during the performance of government business.

(b) As used in this article, the phrase “this state and all political subdivisions of this state” shall include every entity, person, action or item described in this section, as appropriate to the circumstances.

Source: http://law.justia.com/constitution/arizona/28/1.htm

The bold highlights above represent the responsibility of local government and municipalities, like Gilbert, to follow this law in all areas including orders, programs and policies by all government officials and employees during the performance of government business.

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Research of Article 28 of the Arizona Constitution … the Definitions

I investigated the definition of “official action” as defined in item 2 of Definitions in Article 28 of the Arizona Constitution. It reads as follows:

1. Definitions

Section 1. In this article, unless the context otherwise requires:

1. “Government” includes all laws, public proceedings, rules, publications, orders, actions, programs, policies, departments, boards, agencies, organizations and instrumentalities of this state or political subdivisions of this state, as appropriate under the circumstances to a particular official action.

2. “Official action” includes the performance of any function or action on behalf of this state or a political subdivision of this state or required by state law that appears to present the views, position or imprimatur (definition: sanction, approval, support) of the state or political subdivision or that binds or commits the state or political subdivision, but does not include:

(a) The teaching of or the encouragement of learning languages other than English.

(b) Actions required under the federal individuals with disabilities education act or other federal laws.

(c) Actions, documents or policies necessary for tourism, commerce or international trade.

(d) Actions or documents that protect the public health and safety, including law enforcement and emergency services.

(e) Actions that protect the rights of victims of crimes or criminal defendants.

(f) Using terms of art or phrases from languages other than English.

(g) Using or preserving Native American languages.

(h) Providing assistance to hearing impaired or illiterate persons.

(i) Informal and nonbinding translations or communications among or between representatives of government and other persons if this activity does not affect or impair supervision, management, conduct or execution of official actions and if the representatives of government make clear that these translations or communications are unofficial and are not binding on this state or a political subdivision of this state.

(j) Actions necessary to preserve the right to petition for the redress of grievances.

3. “Preserve, protect and enhance the role of English” includes:

(a) Avoiding any official actions that ignore, harm or diminish the role of English as the language of government.

(b) Protecting the rights of persons in this state who use English.

(c) Encouraging greater opportunities for individuals to learn the English language.

(d) To the greatest extent possible under federal statute, providing services, programs, publications, documents and materials in English.

4. “Representatives of government” includes all individuals or entities during the performance of the individual’s or entity’s official actions.

Source: http://www.azleg.gov/FormatDocument.asp?inDoc=/const/28/1.htm

The above words in bold black represent the definitions that are relative. Item 2 clearly includes Gilbert’s action as an “Official Action”. The exception of sub point (i) does not apply to Gilbert’s action because Gilbert’s action was formal and binding. Even if it had not been formal and binding, representatives of Gilbert would have had to make it clear that the transactions or communications were unofficial and not binding. No Gilbert representative made such a declaration during the meeting.

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Research Conclusions

In my expert opinion, the Gilbert action was a violation of Article 28 of the Arizona Constitution.

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Closing thoughts … How do we correct this mistake and prevent a similar violation from happening again?

I think an apology from our Mayor would go a long ways … something along the lines of … “we made a mistake, we are sorry, we will take measures to prevent this from happening again.”

I welcome such a reply and would be very pleased to revise this blog post to contain our Mayor’s response below …

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Gilbert Mayor John Lewis and Captain Rick converse to find a solution

Gilbert Mayor John Lewis (10/21/12): Rick, The additional information related to the Spanish is helpful and will now require another step to ask for Legal assistance as “interpretation” is reviewed. Obviously, we want to follow the law with exactness. Before reading the Gilbert information, I was most intrigued with the “electoral” vote update that you provided. Thank you for sharing. I look forward to your next update. Mayor Lewis

Captain Rick (10/21/12): John, thank you for your honorable reply. I look forward to you sharing the results of your new legal look into this important matter. I will be pleased to display them below. Thanks also for your kind words about my “electoral vote update”. Captain Rick

Gilbert Mayor John Lewis (10/23/12): Rick, I conferred with our Town Attorney regarding this matter. She points out that on a matter such as this there may be different opinions. However, after reviewing the law and the materials you provided, it is her opinion that there was not a violation of Article 28 by the reading of the proclamation in Spanish. She believes this to be the case because (i) the proclamation is not an official act of the council and (ii) the actual proclamation of the Mayor was written in English. Additionally, the reading of the proclamation was not even by a member of the staff or council. The strongest argument that the reading was an “official act” is that the reading was done at a council meeting and broadcast on Channel 11 and through streaming video. People may differ in their opinions, and the issue may not be black and white in its clarity, but it is the opinion of the Town Attorney that Article 28 was not violated. John Lewis

Captain Rick (10/25/12): John, thanks for your reply. It appears that this important issue remains in disagreement and requires higher powers to decide if this action was a violation of Article 28 of the Arizona Constitution. My readers are free to draw their own conclusions. I trust that Gilbert understands that this action was botched badly and will take measures to prevent a reoccurrence. Captain Rick

Captain Rick Gilbert’s ‘Eagle Eye’ on our Council since 1997

GDP report: U. S. economic growth revised sharply lower + ‘Caution’ for the future

Captain Rick: The U.S. economy grew significantly slower in the second quarter than the sluggish pace reported in August. Q2 GDP was revised to 1.3%, down from 1.7% reported in August. This came as a surprise to most economists. It wasn’t surprising to me. What I found surprising is why last months Q2 GDP estimate was increased to 1.7% from the previous 1.5%. So, I am not surprised to see that it fell back to 1.5% and more. The surprised economists are already busy forecasting GDP will come in at 1.9% in the third quarter. Perhaps they will be equally surprised when it doesn’t. I should mention that 1.9% is still well under what is needed to break even. I believe economists need to retire their dart boards and start paying better attention to what is really transpiring around our world, as I have been doing for many years. It helps take the surprise out of things.

Gross domestic product (GDP) is the broadest measure of the nation’s economic health. 3% economic growth, represented by the red line in the chart above, is necessary to provide enough new jobs to keep pace with U.S. population growth. America has fallen short in all but two of the past three plus years. This means that the percentage of eligible workers who are working continues to drop almost every month. Real unemployment is continuing to increase, in spite of the bogus and meaningless unemployment percentages the U.S. government publishes each month. America’s unemployment rate is currently published to be 8.1%, but the real number is actually about twice that…and rising, not falling.

I am saddened to say that I do not see anything on the horizon that is going to raise America continuously up above that red line, where we need to be to enjoy a healthy and growing economy, for the next several years, perhaps 2017 or beyond. Even the Fed, the IMF and other global financial authorities predict similar sluggish growth through 2015.  Europe appears to in recession or close to it. U.S. growth of 1.3% is knocking on recessions door.  China’s economy is slowing quickly as a result of economic sluggishness in the West. This paints an anemic image of America’s economic health., with a global ripple effect.

I caution local and state governments to exercise fiscal restraint and filter out some of the local growth hype that is beginning to surface. Some of it is beginning to closely resemble fuel for another financial bubble…not real growth. It will be much smarter to put some funds in a ‘piggy bank’ for a ‘rainy day’ than to spend all of the receipts as fast as we can while the sun appears to be shining brightly.

I urge federal legislators to address the ‘Fiscal Cliff’ ASAP. This does not mean coming up with another political compromise to ‘kick the can down the road’ for another year. It means finding a real solution to reduce Americas debt NOW! Every time we postpone a proper ‘fix’, we bring our nation much closer to the real ‘Financial Cliff’…the one that will have the power and magnitude to reduce the United States of America to a third world country. How America handles this monumental problem will affect the entire world for decades to come.