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Emergency (?) legislation

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Mike_Presta View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Topic: Emergency (?) legislation
    Posted: Jan 20 2010 at 5:24am

Hooray for our two new young members of City Council!!! Yet, how unfortunate that the first cases of “emergency” legislation that popped up happened to be the paving of University Blvd. and Sutphin St.

Poor planning on staff’s part does not justify emergency action on council’s part!!! Josh and AJ’s insistence upon reasonable time (and publicity?) between the release of information about legislation and the vote on same is truly meet and just.

However, perhaps unbeknownst to our two young friends, the issues of repairing/rebuilding of University and Sutphin using ARRA funds has been kicked around for months (if not years) and were not two of the usual “last minute surprise” type items that are often sprung on the public as part of a ruse to ramrod some pieces of spurious legislation past The People.

AJ appeared to try to stand by his convictions (a good thing) and voted “NO” on both of these non-emergency pieces of emergency legislation, yet indicated that he would vote “YES” if they were introduced “ten business days later”, again as emergencies. I think that he was trying to indicate that The People, and the council, should be given some time to consider these items before they are brought to a vote.

Josh, on the other hand, made a stirring and apparently sincere speech (with which I strongly agree, in principal) and then promptly proceeded to TWICE do exactly what he could not, in good conscious, do. He, in effect, twice voted to accept federal money. Josh simply erred in his logic, in two ways:

First, he apparently forgot that the feds (the so-called “source of the ARRA funds, are supposed to be accountable to The People. (The People can reassert this basic tenet of Americans by replacing the entire House, and one-third of the Senate this November.)

Second, that “free money” that comes with strings attached “from Washington” did not originate in Washington. It actually comes from The People who pay taxes, including The People right here in Middletown, and we do deserve to get our fair share back (after the bureaucrats have deducted a large chunk for salaries, administration, and graft, of course.) Even though I agree with all that you said about “standing on our own,” at some point the feds must stop cutting our legs out from under us (taking so much of our money through confiscatory taxes) before we can stand really tall. If we could keep more money here (and replace a few more council members) then we really could take care of oourselves and “stand on our own.” (We could take care of our own deserving unfortunates, as well!!)

So, in summary, you two are RIGHT!!! You picked an issue that needed to be addressed. You addressed it at the first opportunity after you were seated. Your cause was noble. Unfortunately, these two paving contracts were not really representative of the way the “emergency” powers are being abused. Shake it off and don’t be ashamed, though, as you are guilty of nothing more than being a little green. Remember, there is nothing illegal, immoral, or unethical about seeking outside opinions or advice anytime you may be unsure about anything. Make a phone call.

Stand fast, lads, and you will find that The People will stand with you!!!

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Mike_Presta View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: Jan 20 2010 at 5:32am

The “retreat”???

Did anyone happen to count how often a phrase similar to “maybe we should talk about that at the retreat” was used Tuesday night at the council and MPHA meetings???

It seemed to me like it was used with a great deal of frequency!!! I kept finding myself musing: “I wish that TVMiddletown had those “balloons” above the characters heads, like they use in the cartoons to show what the characters are “thinking.”

It sure seemed as if the real thought was: “Maybe we should talk about that at the retreat…” (so shut up, DAMMIT! Angry We don’t discuss things like that in front of TV cameras!!! Everybody in town will know what we’re up to!!!)

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Nelson R. Self View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Nelson R. Self Quote  Post ReplyReply Direct Link To This Post Posted: Jan 20 2010 at 6:37am
Mike -
 
From the date in 2009 that the City of Middletown learned it was awarded "Stimulus" funds for these two street improvement projects, would it not be reasonable to presume that a PROJECT MANAGEMENT TIMETABLE would be adopted??  ConfusedConfused  Wouldn't this management tool normally include the following component implementation dates:
 
1)  completion of final project engineering and construction management planning;
2)  preparing of final plans, specifications and bid documents;
3)  determination of contract procurement steps (advertising, the preparation of interest contractor bids, submission deadline, review of bids;
4)  review of contractor bids and recommendation for the award of the lowest, most responsible contract bidder;
5)  submission of staff recommendations to the City Council;
6)  dates for general public comments and City Council approval;
7) signing of all contract documents and submission of required project insurance/bonding provisions; and,
4)  issuance of a notice to proceed to the successful bidder (depending upon the conclusion of inclement of winter weather conditions).
 
Months ago during the contract management process, is it possible that the project
imetable was based upon EMERGENCY LEGISLATION passage rather than a customary first and second reading method?  Could this be the case?  It makes one wonder?
 
I find the rationale for presenting these items as EMERGENCIES to be without merit.  City staff had a number of months to ensure that these important infrastructure projects be presented to the City Council and general public via a normal first and second reading process.  Dave Duritsch confirmed this last night as well.
 
Thanks again, Mike.  Your insight on engineering, planning and contractural issues is of great benefit to MiddletownUSA participants! Clap
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VietVet View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote VietVet Quote  Post ReplyReply Direct Link To This Post Posted: Jan 20 2010 at 7:11am
"Councilman Bill Becker chastised Smith and Laubach for outright refusing to consider any emergency legislation..... he said there's a reason it exists"( yes, and we do to Billy Boy- to ramrod all your hidden agenda items through before the public finds out what you're up to). He urged them to look at the big picture rather than focusing on their personal opinions. (And what exactly would that "big picture" be Billy?) WHAT A LOAD OF CRAP FROM A POMPOUS A--. Kinda wish I was on Council and had him talk to me that way. Might have made the days of Schiavone and Williams look tame by comparison. Becker- YOU are one of the problem children that have failed to correctly look at the "big picture" and YOU are guilty of some personal opinions yourself while on Council. With your rubber stamp/go along with the MMF program/say yes to every emergency item/town destroying performance, you would be advised to not lecture anyone on the "correct decisions" in regard to this city. Your arrogance is showing and it's not easy to take.      Will the voters please remove this arrogant, egotistical problem from council next election? I've had about enough of him.
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randy View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote randy Quote  Post ReplyReply Direct Link To This Post Posted: Jan 20 2010 at 7:34am
Last night was by far the most interesting council meeting I have attended in sometime, and in fate the first time I have watched anything fail to be passed. i am working on my video now, and I have some interesting comments, at least I think there interesting.
Call me for a www.CameraSecurityNow.com quote 513-422-1907 x357
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Mike_Presta View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: Jan 20 2010 at 11:01am
]Mike -
 
From the date that the City of Middletown learned it was awarded "Stimulus" funds for these two street improvement projects, would it not be reasonable to presume that a PROJECT MANAGEMENT TIMETABLE would be adopted??  ConfusedConfused  This would include:
 
1)  final project engineering and construction management planning;
2)  procurment of contractor bids;
3)  award of the lowest, most responsible contract bidder; and,
4)  issuance of a notice to proceed to the successful bidder (depending upon the conclusion of inclement of winter weather conditions).
 
Yes, it absolutely WOULD be reasonable to presume that, Nelson.  All of those steps, and many more, usually occur on most projects (unless there really IS an "emergency" or some other compelling reason for "fast-tracking" the front-end, pre-construction activities, and sometimes there are such reasons).
 
Months ago during the project planning process, is it possible that the contract approval timetable was based upon EMERGENCY LEGISLATION passage rather than a customary first and second reading method.
 
Yes, it is not only possibly, but PROBABLE. that exactly that, or something very similar, is what happened.  Most likely, since the engineering department was short-handed (at least that is what we are told) they have been finishing everything on a "just in time" basis and putting other things off until they can put them off no longer.  This probably involved not giving a second thought to relegating the passing of the enabling  ordinance to an "emergency."  After all, that's the way it has ALWAYS been done!!!  It was more of the rule, rather than the exception.  It was never a problem before.  No one ever complained before.  (Except perhaps me, as part of one of my Pleas in Mandamus in 1999.  But I'm just a citizen...I don't count.  Now whe have TWO--count 'em, TWO--official, full-fledged, sitting City Council members who are taking up the cause!!!)
 
I find the rationale for presenting these items as EMERGENCIES to be without merit.  City staff had a number of months to ensure that these important infrastructure projects be presented to the City Council and general public via a normal first and second reading process.  Dave Duritsch confirmed this last night as well.
 
Yes, it probably is "without merit."  However, these are not the type of "emergencies" that trouble me.  As you mentioned at the outset of your remarks above, these two projects have been public knowledge for quite some time, and have been the subject of not only public disclosure but also public discussion more than once, including at council meetings.  They were in the on-line workbook, and and were mentioned in The Journal as due for action at this meeting.  The people were not "bushwhacked"! 
 
Everything you have said is probably correct, and what they did is not right.  It is just that, in my opinion, these are not the particular items that I would have chosen over which to "pick a fight."
 
 
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Mike_Presta View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mike_Presta Quote  Post ReplyReply Direct Link To This Post Posted: Jan 20 2010 at 11:08am
Nelson,
Please do NOT think that I strongly disagree with you.  Allow me to repeat one of the first thoughts that I expressed on this thread:
 
Originally posted by Mike_Presta Mike_Presta wrote:

Poor planning on staff’s part does not justify emergency action on council’s part!!! Josh and AJ’s insistence upon reasonable time (and publicity?) between the release of information about legislation and the vote on same is truly meet and just.
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Bobbie View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bobbie Quote  Post ReplyReply Direct Link To This Post Posted: Jan 20 2010 at 2:18pm
There was a story about a little boy crying wolf. That is what the city has created with their emergency legislation.  No one knows when to believe if something is an emergency now or not.  Becker, Jones - by what they said to the newer councilman may be true there is a need sometimes for it - however it has been abused and right now the whole counsel needs to gain trust from the citizens again.
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