Commentary


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OPINIONS:
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AP 

December 17, 2009

Analysis: Obama won’t break

new ground at summit

Obama heads to climate talks at critical time AP – Obama heads to climate

talks at critical time

 

Chairman of the EU Commission, Jose Manuel Barroso, arrives at the Bella AP – Chairman of the EU

Commission, Jose Manuel Barroso, arrives at the

Bella Convention Center in Copenhagen …
 
By DINA CAPPIELLO and H. JOSEF HEBERT, Associated Press Writers – Thu Dec 17, 3:12 am ET
 
 WASHINGTON – A warning to delegates in Copenhagen: If you’re looking for President Barack Obama to cave to pressure and deepen U.S. efforts to curb greenhouse gases, don’t bet on it.

Obama, like most world leaders, is constrained by tough politics at home. And that makes it tougher for the summit to produce meaningful pollution cuts.

U.S. officials stressed Wednesday that when Obama travels to the climate conference in Denmark this week he won’t bring anything to the talks beyond Washington’s already stated goals: to commit to reducing greenhouse gases by 17 percent from 2005 levels by 2020 and to pay a “fair share” into a $10 billion fund to help developing countries deal with climate change.

Developing countries have called on the United States and Europe, which are responsible for most of the greenhouse gases that have gone into the atmosphere in past years, to make much deeper cuts in the short term — by at least 34 percent from 2005 emission levels by 2020. Those are reductions far beyond what members of Congress — even those supporting climate legislation — say they will accept.

“We don’t want to promise something we don’t have,” Todd Stern, chief of the U.S. delegation to the climate conference, told reporters this week in Copenhagen. He said he did not anticipate any change in the U.S. commitment.

Said Rep. Edward Markey, D-Mass., a co-author of a climate bill already passed by the House: The president “is not going to go further. … The words he is going to use are the same words he has been using for the last two weeks.”

White House press secretary Robert Gibbs, too, kept a tight hold on expectations for the summit. Noting that there are remaining disagreements among delegates, he said the president “is hopeful that his presence can help” produce “a strong operational agreement, even as we work toward something even stronger in the future.”

For Obama, it’s something of a juggling act: On the one hand he wants to present a strong case to the world that after eight years of relative inaction by the Bush administration, the United States is ready to tackle the climate issue head-on, but he is also fully aware of the political and economic realities back home.

Stern and other administration officials have said frequently they do not want to repeat the mistake of Kyoto, where the United States was key in hammering out a climate accord, only to see President Bill Clinton decline to submit it to the Senate for ratification for fear of it being rejected. Later it was discarded altogether by President George W. Bush.

Any emissions reduction targets — and commitments to financing — will have to be backed up by a Congress that is skittish about passing new mandates for heat-trapping gases in the midst of a recession and is concerned that other countries that don’t follow suit will outcompete the U.S. in a global marketplace.

But Obama is not alone in facing conflicting domestic and international priorities.

China has refused to even discuss actually reducing its current greenhouse gas pollution because that would go contrary to the country’s rapid pace of economic growth. It says it will cut emissions as a percentage of future economic growth but has balked at international verification and monitoring, calling that a threat to its sovereignty. Instead it prefers to act as its own watchdog on compliance.

Likewise, India, wanting to protect its future economic growth, announced it would commit only to slowing the growth of its greenhouse emissions and not accept a legally binding target.

Obama has said his commitment at Copenhagen would mirror legislation already before Congress, calling for 17 percent reduction in pollution by 2020 and 80 percent by mid-century. But even that target has been denounced by Republicans as a “jobs killer” that would lead to higher energy costs. Democrats from states with energy-intensive industries are complaining, too.

Opinion polls have shown people have limits on how much they want to pay to solve the problem.

A recent AP-Stanford University poll revealed that while three-quarters of respondents said they support action to address climate change, just as many said they would oppose the plans considered by Congress and backed by Obama if they raised their electricity bills by $25 a month. A majority — 59 percent — wouldn’t support any action if it meant electricity would cost $10 more.

Even Democrats who support climate legislation have warned the White House against committing to something at Copenhagen that Congress can’t deliver — while some Republican lawmakers have urged Obama to reject mandatory emission cuts altogether.

In Copenhagen, Stern, the U.S. delegation head, declared: “Our commitment is tied to our anticipated legislation. We don’t want to promise something we don’t have.”

At the same time, administration officials said — and are arguing in meetings in Copenhagen — that the U.S. is doing more to reduce the climate change threat than getting legislation passed by Congress.

In recent days, the White House has choreographed a series of announcements and events in Washington designed to highlight those efforts — from tax breaks for renewable energy manufacturers to the president visiting a home remodeling store to declare it is “sexy” to better insulate your home.

The White House distributed a memo noting that the economic recovery program contains $80 billion to help promote clean energy development including money for renewable energy projects, nuclear power plants, more fuel efficient motor vehicles and commercial development of carbon capture technologies to be used at coal burning power plants.

It was a message designed for both Copenhagen and domestic consumption.

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EDITOR’S NOTE — Dina Cappiello and H. Josef Hebert cover environmental and energy issues for The Associated Press. White House Correspondent Jennifer Loven contributed to this report.

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Opinion

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The Christian Science Monitor 

December 18, 2009

Making universal broadband service

a reality

By the Monitor’s Editorial Board Fri Dec 18, 3:30 pm ET

This week, the Obama administration took its first step toward making high-speed Internet service available to everyone in America. It announced millions of dollars in grants and loans for broadband service in underserved communities across the country. But it didn’t act alone and that’s an important point. States kicked in. So did the private sector. 

The Internet is as fundamental to US economic growth and productivity in this century as the telephone, electric power, and the National Highway System were in the last. The Web is both the dial tone and transport system of the modern age – connecting people and ideas and opening a path to markets and services around the world.

Until this year, though, the federal government has been largely absent from the delivery of fast Internet service. That’s been the work of the private sector – the cable, satellite, and telecom companies. They’ve done a good job. Some studies show that nearly 90 percent of US households now have access to broadband. 

But the private sector can’t do it all. Companies only go where there’s profit, which means that many poor neighborhoods, and rural and tribal areas don’t have access to a high-speed Internet connection. Once a leader in the Internet, the US ranks 15th in broadband market penetration. And compared with a country such as Japan, the average Internet speed in the US is a tenth as fast. 

It’s time for the federal government to get involved, and this year, it did. Congress provided $7.2 billion of Recovery Act money to help reach the goal of universal, affordable broadband access. Wisely, it also required matching funds from states to augment this assistance.

This week, Vice President Biden announced the first recipients of the stimulus funds: $183 million to poor and underserved areas in 17 states, from Appalachian Georgia and rural Maine to native American areas in southwest Alaska. Other public funds and the private sector are contributing $46 million. 

Congress has also required the Federal Communications Commission to come up with a National Broadband Plan, due in February. From a preliminary report released this week, the FCC looks to be on the right path. It says competition should be a “guiding principle” of any plan, because competition drives innovation and provides consumer choice. It also recognizes limited government funding and says federal help will have to be “leveraged with private sector investment.”

That seems to be the reality of the 21st century. The federal government simply doesn’t have the money to expand the Internet in the way it built Interstate highways or electrified rural areas. And government can’t always know which Internet technology to support. But there’s also no denying that universal, high-speed Internet service is as essential to American competitiveness as universal phone service has been. 

Broadband for all will have to be a public-private partnership for now.

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LETTERS
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November 7, 2009
 
Thank you for contacting me regarding immigration and border security. I appreciate hearing your views on these important issues.

Our immigration system is broken and needs reform. Effective immigration policy must include comprehensive border security and comprehensive immigration reform. We must secure our borders against real threats of terrorism, and we must protect U.S. workers, while preserving the basic freedoms and founding principles that are the bedrock of our nation. As Congress continues to craft comprehensive immigration reform legislation, we must address reform realistically, stem the tide of illegal immigrants entering the country and be fair to those who are here legally.

I believe it is vital to ensure our borders are secure. To this end, I voted in favor of an amendment to the Fiscal Year 2007 Defense Appropriations Act (P.L.109-289) that appropriated $1.83 billion to construct 370 miles of triple-layered fencing and 461 miles of vehicle barriers along the southwest border of our country. I also supported an amendment to the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief (P.L.109-13) that provided $390 million to hire an additional 650 border patrol agents, 250 immigration investigators, and 168 immigration enforcement agents and deportation officers, as well as to fund an additional 2,000 detention beds for immigration enforcement purposes. Earlier this year, I supported the American Recovery and Reinvestment Act (P.L.111-5), which provided $40 million for competitive grants for equipment and local law enforcement assistance along the Southern border.

I believe any successful immigration reform efforts must protect U.S. workers. For this reason, in 2007, I voted in favor of an amendment to the Fair Minimum Wage Act that bars employers who violate immigration laws by hiring undocumented workers from receiving federal government contracts for up to 10 years. This legislation was included in the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act (P.L. 110-28), which was signed into law on May 25, 2007. It is important to ensure that employers hire only those legally eligible to work and that employees are treated fairly.

In 2006, I supported a number of worker protection amendments to the Comprehensive Immigration Reform Act. I voted in favor of an amendment that would have established a true prevailing wage for all occupations to ensure that U.S. workers’ wages are not lowered as a result of the guest worker program, and I supported an amendment that would have required employers to make good faith efforts to recruit U.S. workers first. The Comprehensive Immigration Reform Act, which I supported, was passed by the Senate by a bipartisan vote of 62-36, but was not passed by the House of Representatives prior to the adjournment of the 109th Congress.

It also is necessary for immigration reform legislation to remove the ‘magnet’ that has attracted millions of people to cross the border illegally. We should not provide amnesty; instead, we should permit currently undocumented workers to earn the right to obtain legal status over a long period of time, under restrictive conditions, including being required to pay fees and back taxes. These individuals would be required to apply through the same immigration process as everyone else and to take their place in line behind all those whose applications are pending.

I am hopeful this Congress will be able to work to pass comprehensive immigration reform. I will continue to work with my colleagues in the Senate to craft effective solutions to address our nation’s immigration problems. Without a comprehensive approach to immigration reform, our current problems with illegal immigration will likely continue.

Thank you again for contacting me.

Sincerely,
Carl Levin

(U.S. Senate, D-Michigan)

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(reprint) 

  
CADILLAC NEWS
December 1, 2009
 
Just whose trash is it anyway?



CADILLAC – If private waste disposal company American Waste assumes control of the Wexford County Landfill, the switch from public to private hands will be a significant change.
A crucial component of the handover is something known as flow control – requiring waste generated in Wexford County to be disposed of at the Wexford County Landfill.
But in 1994 a recycling company sued a New York municipality, arguing it didn’t have to dispose of its waste at a privately-held landfill – and won.
Could that decision also come into play when the Wexford County Landfill transfers from public to private hands? Could the City of Cadillac be free to have its trash hauled to a facility with lower tipping fees than the Wexford County Landfill if American Waste takes over? The county’s solid waste management plan requires that Wexford Cunty waste be disposed of only at the Wexford County Landfill. It also allows waste from Missaukee County to go the landfill but can’t require it.
Part of the proposed sale of the Wexford County Landfill to American Waste would require the county to pass an amendment to its solid waste management plan that would allow waste from 21 counties to be disposed of in Wexford County.
Under the current solid waste management plan, the City of Cadillac contracts with a waste hauler for a fee that appears on residents’ water and sewers and is partially based on tipping fees.
Cadillac is in the second year of a five-year contract with Allied Waste. Residents were charged $13.89 a month the first year that began July 1, 2008, and $14.08 a month the second. Also, they’re charged an additional $2.20 for use of a “tidy tote.”
Precia Garland, Cadillac’s assistant city manager, said it is unclear in the existing solid waste plan whether the county can force Allied Waste to dispose of its trash within the county.
“It is possible that waste could be hauled outside of the county,” she said.
However, Garland said a proposed amendment to the Solid Waste Management Plan makes it clear that trash generated in Wexford County must go to the county landfill.
The city has no direct role in the decision-making process regarding private control of the landfill.
City officials reviewed the county’s proposed solid waste plan amendment and expressed concerns about how tipping fees charged to waste haulers like Allied are above what’s considered market rate, Garland said. They asked county officials to include a tipping fees “rate relief” clause in the amendment, she said.
“The fees are an impediment to future economic growth and development in the city of Cadillac,” she said.
But the clause didn’t make it into the proposed amendment. The solid waste plan amendment doesn’t reference specific rates; it only provides for how waste will be regulated and received at the landfill, Garland said.
A more recent U.S. Supreme Court decision, however, supported the enforcement of flow control.
In 2007, the court upheld a flow control ordinance that required waste haulers to utilize a public landfill. In the case, United Haulers Association v. Oneida-Herkimer Solid Waste Management Authority, the court rejected the argument that an ordinance prohibiting waste from leaving the authority’s jurisdiction violated the dormant commerce clause of the U.S. Constitution. The constitution’s commerce clause grants Congress the power to enact legislation affecting interstate commerce. Conversely, the dormant commerce clause, which can be inferred from the intent behind the commerce clause, prohibits the states from enacting laws which discriminate against commerce across state lines. The Supreme Court ruled, far from unanimously, that trash disposal is traditionally a government responsibility, so laws that favor the government but treat private businesses the same, whether they are in-state or out-of-state, do not discriminate against interstate commerce under the commerce clause.
What came out of the decision was confirmation that the public waste authority could require private waste haulers to pay higher rates at the local landfill rather than taking the trash over the state line to a less expensive landfill.
That decision runs counter to a 1994 Supreme Court case known as C&A Carbone, Inc. v. Town of Clarkstown, N.Y. Clarkstown had a flow control ordinance requiring that waste be disposed of at a privately owned transfer station.
In that case, a business sued the City of Clarkstown, in an attempt to avoid paying the higher fees at the transfer station, and instead pay lower fees at an out-of-state facility. The Supreme Court ruled that the City of Clarkstown was in violation of the dormant commerce clause.
But could the City of Cadillac or its waste hauler use the same argument to avoid paying the higher fees imposed at the Wexford County Landfill?
Arthur Siegal, a Michigan lawyer with expertise in solid waste law, said the dormant commerce clause probably wouldn’t apply to Wexford County because it’s unlikely that a local trash hauler could argue it would be more cost effective for it to haul its waste to another state. Siegal is part of Jaffe, Raitt, Heuer & Weiss in Southfield.
If the ordinance addressed waste that was going across the state border, “they (the county) would have a hard time enforcing that,” Siegal said.
Regardless of the commerce clause, enforcing flow control to a public landfill is easily done, but when the landfill falls into private hands, the question becomes “murkier,” Siegal said.
“There’s really no federal statute on the books that really addresses the question,” Siegal said.
Given that Wexford County could benefit from American Waste assuming the significant costs of eventually closing the landfill, an argument could be made that the over arching governmental purpose of transferring that liability justifies requiring the waste be taken to a landfill under private control.
“Unless a court says it violates the interstate commerce clause, there’s really not a significant legal basis that is going to enable the city to take the waste elsewhere,” Siegal said.
Christina Miller, solid waste planning coordinator with the state Department of Environmental Quality, said she believed there would be no problem enforcing a solid waste plan if a landfill switches from public to private ownership.
“At this point, I would assume that whatever is in the plan would be authorized, so the flow control would remain intact, regardless of the owner,” Miller said.

jbroddle@cadillacnews.com
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LOCAL  LETTERS:
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[Re: Cadillac News article "Just Whose Trash Is It Anyway? of December 1, 2009, by Jeff Broddle and Kris Ve]
 
December 2, 2009
 
Jeff,
Interesting and well-researched article yesterday.
Basically, it’s my understanding that there is no legal precedent in the State of Michigan for establishing flow control to a private facility (landfill or transfer station.)
The Clarkstown case and Oneida/Herkimer case don’t contradict each other. There is plenty of precedent for a publicly-owned facility to require flow control to its facility; part of the “public good” argument, to pay off bonds or take care of other public investments, and so on.
The county can legally flow control its waste to its own publicly-owned facility, ie, the county can attempt to pass the current  SWMP amendment, increase import counties, and operate the landfill itself, or the county can legally flow control its waste to its own transfer station and then contract with hauler(s) to transport & dispose waste from the facility, ie  the Waste Management proposal.
Another interesting area is outlined in your article:
” … Part of the proposed sale of the Wexford County Landfill to American Waste would require the county to pass an amendment to its solid waste management plan that would allow waste from 21 counties to be disposed of in Wexford County…”
As you know, flow control and passage of the additional 21-county import plan are among the items named as “must haves” in American’s Letter of Intent.
It is illegal to contract/pledge a legislative process (passage of the Solid Waste Plan). Flow control and SWMP Amendment passage cannot be promised or guaranteed in a Letter of Intent. It is interesting to note that when the publicly-owned Crawford-Otsego Landfill (know locally as, “Waters”) was sold to a private company (City Environmental Services) part of the deal was that the county was “required” to increase its import market base, the number of counties whose waste would be accepted at the landfill. When the county failed to get approval to expand import counties, CES sued for $22 million breach of contract. I don’t believe they won because of the very issue I just mentioned (illegality of “pledging” a vote,)  but the county still had to spend dollars to defend itself.

Rita McNamara

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United States Senator Debbie Stabenow - Michigan

December 2, 2009 

 

Thank you . . .

 

. . . for contacting me regarding problems with our health care system and the importance of providing health care for all Americans. Without a doubt, this is one of the most difficult and heartbreaking issues that I hear about from families, and I am grateful for your willingness to share your thoughts and experiences with me. 

I am fighting to make sure that every family in America has access to the health care they need, when they need it, at a price they can afford.  Too many families have experienced the pain of being told that they are too sick to get insurance or that their insurance company won’t pay for the treatment they need.  This is simply unacceptable, and I am working everyday to make sure that these stories are heard loud and clear by my fellow members of Congress!

When it comes to health care, our families and businesses are in a serious crisis. High health care costs are causing cuts in benefits and increases in premiums, adding to the ranks of the uninsured at alarming rates. The impact of this problem however, goes beyond individual families. Skyrocketing health care costs make our businesses less competitive in the global marketplace and cost us good-paying jobs.

As Congress works to achieve quality, affordable, health care for all Americans, it is imperative that we build on the things that currently work well in our health care system, and change the things that do not. That is why I believe we need a health reform effort that will: 

 -Lower the cost of health care for families and businesses. 

-Keep what works, and fix what’s broken. 

-Assure affordable, quality health care for all Americans.

-Offer a competitive public health care plan and strengthen consumer

  protections through Insurance Reform. 

-Encourage quality and eliminate waste, fraud and abuse in our health care system. 

-Expand the use of electronic medical records

-Treat both the physical and mental health needs of Americans. 

-Encourage healthy lifestyles. 

-Support home-based and community-based care for the elderly and people with disabilities

-Train doctors, nurses, and other health professionals for the future. 

-Eliminate health care disparities

-Lower the cost of prescription drugs. 

I believe that health care is a right, not a privilege. There is no doubt that the problems we face are complex, but there are real solutions. For more information about the health care debate, please visit my website at www.stabenow.senate.gov/healthcare.  

As we continue this effort in the U.S. Senate, I will be fighting for a uniquely American health care system that provides high-quality, affordable health insurance to every family who needs it.

Thank you again for contacting me. Please do not hesitate to do so again if I can be of help to you or your family. 

Sincerely,

Debbie Stabenow

United States Senator

 

U.S. Senator Debbie Stabenow
The United States Senate • Washington, DC  20510
stabenow.senate.gov

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LOCAL LETTERS
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Water Permits for
 
 
Cedar Creek Township’s
 
 
RAP Area Residents
  
November 26, 2009 
 
Just to refresh you on why the “water permit” document which DiVozzo wants RAP area plaintiffs to sign is of concern to them:
People are suspicious of signing something that seems to give their permission, to authorize or condone that they be billed for water, when the township’s host agreement with the county clearly states  that RAP area residents will be provided replacement water at no cost. They see this as DiVozzo’s (and the county lawyer’s) attempt to trap them into payment for water and do an end run around the host agreement.

Rita McNamara

 
…………………………………related letter…………………………………..
  
FROM THE ATTORNEYS Re:  WATER PERMITS
 
November 30, 2009
  
It is the recommendation of the attorneys that our clients sign the application.  In addition, just above the line that says “I agree with the terms and conditions as stated above and verify that the information provided is true and correct,”  they should write in the following:

“I do not waive any rights, arguments, issues or claims, or make any admissions or concessions, in my continuance and maintenance of Wexford
County Circuit Court Case No. 06-19912-CE, or in any other potential future action or claim.”

SO, just to be clear:

1. Write in the language described above on the permit.
2. Then sign and return to county.

 
Rita McNamara
 
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RAP AREA RESIDENTS NEED
 
 
SOMETHING IN WRITING FROM DIVOZZO
 
December 1, 2009
 
If John Divozzo can’t move forward without something in writing from the state, why does he expect the impacted citizens to move forward with nothing in writing from him?
 
July Birdsall
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SPECIAL CHRISTMAS PROGRAM
December 4, 2009
     On Thursday, December 3rd, my husband and I attended a Christmas program at the First Methodist Church, out on M-55 in Cadillac.  The program was presented by a group of very special people who call themselves “The Patriots”.  
     The program featured many familiar Christmas songs plus costumes and skits.  Their performance included funny kids’ songs as well as the more spiritual Christmas songs.  People in the audience laughed until their sides hurt at parts of the program.  At other times their eyes filled with tears at the poignant, really heartfelt efforts.  And at still other times The Patriots’ enthusiasm was catching and the audience found itself singing along at several points.  It was a wonderful evening that was punctuated by a bake sale, where my husband and I bought way too much … because it was for a good cause.  (uh-huh!)
     The Patriots put on programs and have the bake sales to raise funds for their organization.  The church does not charge anything for the group using their building and facilities.  The teachers, leaders, and other volunteers are all unpaid.  One of Cadillac’s most prominant veterans’ groups, The Cadillac Honor Guard, has also taken the group “under its wing”,  doing what they can to help and encouraging people to attend the group’s performances and support their organization, which depends solely on private donations. 
      After the show, members of The Patriots are inclined to give big hugs to anyone who expresses appreciation for their performance!  It really points out that Christmas means more that just a time for rushing around and complaining because there is so much to do and things cost so much money, etc.  The Patriots reminded us that Christmas is a time for celebration, laughter, reflection, and for showing love to each other,  just as Jesus Christ showed His love for all of us.  We just loved it.
Sherrie Fuscone
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(ARTICLE REPRINT)

CADILLAC  NEWS

November 9, 2009

BPW to get update on water system

By Jeff Broddle

CADILLAC – The Wexford County Board of Public Works will hear an update on construction of the water system serving homes in Cedar Creek Township whose wells were contaminated by seepage from the Wexford County Landfill.
Director of Public Works John Divozzo said he expected an operating permit for the system should be received “at any time.”
He said he has verbal assurance from the DEQ that the permit will be issued, but written confirmation is needed before the water system can be put into service.
Pipes serving the homes are in the ground and ready to go; all that needs to be done is for pipes to existing wells to be disconnected and the connections made to the home water systems.
After that, the wells will be abandoned, capped with cement and pumps and other appurtenances inside the homes will be removed. There are 45 homes in the Remedial Action Plan area. 42 of them have provided access to the water system, Divozzo said.
The BPW also will consider issuing a request for proposals for environmental monitoring at the landfill site.
A couple of factors come into play in seeking a firm other than consultant CTI to perform the monitoring, Divozzo said.
“We’ve kept them on because historically, we have used our consultant as our groundwater firm, but we are not required to,” Divozzo said.
Under an acquisition of the landfill by American Waste, the company would be responsible for some of the groundwater monitoring at the site. The change would give the county the opportunity to search for a sampling firm closer by than CTI, which is based in Brighton, Divozzo said.
The BPW also will review the RAP schedule and make sure they are in compliance.
Divozzo said the BPW will need to revise the date set for waste relocation from unlined areas of the landfill to the lined areas designed to capture leaking contaminants.
The state is seeking assurance that the relocation will be done in a timely matter.
jbroddle@cadillacnews.com | 775-NEWS (6397)~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

LOCAL LETTER 

 
 
November 14, 2009
  
According to this newspaper article, there are three “Holdouts” left  (i.e. property owners whose wells have been affected by contamination from Wexford Landfill)  who have not signed any form of access agreements.  Forty-two families may have been forced to sign access agreements, thus losing any chance at “just compensation”, and making the R.A.P. go at all costs.
 
There is no law saying the MDEQ can force people to cap their wells– unless they’re just making up a brand new “Permits” — probably just to intimidate the three holdouts.   The county Health Department has the only legal right to cap, but theirs is only a “concern” and they have no legal right to cap, even in the Wexford County Landfill R.A.P. Area.   The District No. 10 Health Dept. could not be coerced (by MDEQ) into forcing the well capping, so now the MDEQ is making a ”last ditch” effort to take people’s property rights away.   Even the help of Wexford County Prosecutor Smathers’  ”access agreement”  bluff  being called,  people have been intimidated into signing any form of access.
  
I believe they have lost some of their property rights and maybe most of their rights of Inverse Condemnation of their Private Property.
  
They should ust think of it this way:   Anyone who signed an Access Agreement should retain their rights, even if comes down to their making a plea to a judge to keep their wells, water rights, and now, not to let their wells be capped.
  
The county defense lawyer may say that they accepted the municipal water and the ”limited free water”, so they have been justly compensated and have lost the guaranteed by the US Constitution,  thus losing their rights of Just Compensation.
  
Our rights are being eroded by attrition, especially with the help of Cedar Creek Township’s board making decisions for individuals against their input and without their permission.  Most people do not want their wells capped, whether they signed an agreement or not.  CCT will not help to keep both public water and your private well– political promise or not!
  
The Cedar Creek Township Ground Water Ordinance  (bought buy the MDEQ) ”bluff ” has been called.  Nobody will enforce it.  Why?  It’s because the Plaintiffs’ lawyers told CCT to “ just try to enforce it and will sue you for that,too!”   Nobody can stop government officials from making another new law,  but we sure can SUE you for trying to enforce it.
  
The Governent is responsible for the contamination plumes and will do anything to cover it up!
 
The fight has been long and hard.  People’s rights should not be “collateral damage”.  Some seem to think that the Plaintiff’s Suit is a class action suit.  One person signing off on anything is only that one person’s settlement — not mine!
 
Robert Lohman
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LETTER FROM A SENATOR
  
Health insurance reform bill posted online

November 18, 2009
United States Senator Debbie Stabenow - Michigan

Today, Senate Majority Leader Harry Reid released the Senate version of the health insurance reform bill. The bill was merged from the bills passed by the Senate Health Committee and the Senate Finance Committee.

I have posted the new bill, as well as several supporting documents, on my website: http://stabenow.senate.gov/healthcare.

 I want to thank you for sharing your thoughts with me throughout this process. Over the next several weeks, we will be working to make improvements and finalize the bill. At the end of this process, I hope to support legislation that stops unfair practices by insurance companies, makes health care affordable for families and small businesses, and protects Medicare for years to come. 

As always, please continue to keep me informed about issues of concern to you and your family.

 Sincerely,

Debbie Stabenow,

United States Senator

 
 
 

U.S. Senator Debbie Stabenow
The United States Senate • Washington, DC 20510
stabenow.senate.gov 

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LOCAL  LETTERS

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CALL COMMISSIONERS AND SAY “NO DEAL”

When haulers take trash over the county line, small business gets the shaft.
Small businesses don’t have the volume or political connections to negotiate lower trash rates. Haulers use the county’s high rates and flow control policy to justify expensive pickup. Then they take the trash over the county line, dump at a cheaper landfill, and pocket the profit.

By turning a blind eye to offenses, county officials collude in theft from their own residents.

Instead of being outraged on the people’s behalf, the BPW looked for technical loopholes. Trash didn’t go to another landfill, they said; it went to a transfer station in Grand Traverse.

Instead of seeking restitution for stolen revenue, they recommend that the people pay a $1.2 million debt to expand the landfill for the benefit of a private company.

The video presented to the BPW showed an American Waste truck picking up garbage from mom and pop businesses in Buckley . The truck left Buckley, crossed the county line, topped off in Kingsley, and wound up at a Grand Traverse transfer station.

Did Wexford collect one dime on trash taken to the transfer station?
Did Buckley businesses benefit from lower trash rates because their garbage went out of county?
Does our solid waste plan allow trash to leave the county except under emergency situations?
The answer to all these questions is no.

The taxpayers have sunk roughly $19 million into landfill operations and expansion.
Should that investment be handed over to a company that pulled revenue out of the county?
Should taxpayers be strapped with construction debt that benefits American Waste?
Should we become a 23-county dumping ground because American Waste says so?

 Call your commissioner and say, “No deal.”

Rita J. McNamara   

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COMMISSIONERS HAVE ANOTHER BAD PLAN  

Wexford County has an unprofitable landfill that has contaminated the aquifer in Cedar Creek Township.  Much of the funds set aside to close the landfill went toward the new county courthouse.  Commissioners spent a fortune to rectify contamination problems, but failed. They spent even more installing a water system, but were so high-handed and treated people so unfairly that lawsuits were brought against the county.  

Wexford commissioners also found a way to make the rest of the county pay for their mistakes.  They couldn’t raise taxes.  However, they fixed it so individuals and businesses in Wexford must pay much more for waste disposal in their own county than if they hired an outside company–which they aren’t allowed to do.

For several years Wexford commissioners have discussed plans which all involve taking in trash from 21 outside counties at cheap rates, but forcing our residents and local businesses to pay high rates in order to sell the landfill.  Negotiations were with three companies:  TransGreen, Waste Management, and American Waste.

Haulers from American Waste charge expensive waste pickup fees to local businesses due to Wexford’s high rates and flow control policy.  Yet citizens have brought evidence to the commissioners’ attention that this waste is not being dumped in our landfill.  Results:  Our businesses are charged more for pickup;  our landfill makes no money; and it’s against Wexford’s policy.  Did our commissioners call for an investigation?  No.

They again ignored citizens’ concers and voted 7-2 to sell out to American Waste.  (Commissioners McKeever and Beck voted against it.)

I suggest we call our commissioners to say “NO” to this sale.  And if they can’t come up with better plans, we need to vote them out!

Sherrie Fuscone

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  CADILLAC  NEWS

November 9, 2009

BPW to get update on water system
By Jeff Broddle

 

CADILLAC – The Wexford County Board of Public Works will hear an update on construction of the water system serving homes in Cedar Creek Township whose wells were contaminated by seepage from the Wexford County Landfill.
Director of Public Works John Divozzo said he expected an operating permit for the system should be received “at any time.”
He said he has verbal assurance from the DEQ that the permit will be issued, but written confirmation is needed before the water system can be put into service.
Pipes serving the homes are in the ground and ready to go; all that needs to be done is for pipes to existing wells to be disconnected and the connections made to the home water systems.
After that, the wells will be abandoned, capped with cement and pumps and other appurtenances inside the homes will be removed. There are 45 homes in the Remedial Action Plan area. 42 of them have provided access to the water system, Divozzo said.
The BPW also will consider issuing a request for proposals for environmental monitoring at the landfill site.
A couple of factors come into play in seeking a firm other than consultant CTI to perform the monitoring, Divozzo said.
“We’ve kept them on because historically, we have used our consultant as our groundwater firm, but we are not required to,” Divozzo said.
Under an acquisition of the landfill by American Waste, the company would be responsible for some of the groundwater monitoring at the site. The change would give the county the opportunity to search for a sampling firm closer by than CTI, which is based in Brighton, Divozzo said.
The BPW also will review the RAP schedule and make sure they are in compliance.
Divozzo said the BPW will need to revise the date set for waste relocation from unlined areas of the landfill to the lined areas designed to capture leaking contaminants.
The state is seeking assurance that the relocation will be done in a timely matter.
jbroddle@cadillacnews.com | 775-NEWS (6397)

~~~~~~~~~~~~Letter Refering to this Article Below:~~~~~~~~~~~~~~~~~~~

PROPERTY OWNERS DO NOT WANT WELLS CAPPED

 
November 14, 2009
 
According to this newspaper article, there are three “Holdouts” left  (i.e. property owners whose wells have been affected by contamination from Wexford Landfill)  who have not signed any form of access agreements.  Forty-two families may have been forced to sign access agreements, thus losing any chance at “just compensation”, and making the R.A.P. go at all costs.
 
There is no law saying the MDEQ can force people to cap their wells– unless they’re just making up a brand new “Permits” — probably just to intimidate the three holdouts.   The county Health Department has the only legal right to cap, but theirs is only a “concern” and they have no legal right to cap, even in the Wexford County Landfill R.A.P. Area.   The District No. 10 Health Dept. could not be coerced (by MDEQ) into forcing the well capping, so now the MDEQ is making a ”last ditch” effort to take people’s property rights away.   Even the help of Wexford County Prosecutor Smathers’  ”access agreement”  bluff  being called,  people have been intimidated into signing any form of access.
 
I believe they have lost some of their property rights and maybe most of their rights of Inverse Condemnation of their Private Property.
 
They should ust think of it this way:   Anyone who signed an Access Agreement should retain their rights, even if comes down to their making a plea to a judge to keep their wells, water rights, and now, not to let their wells be capped.
 
The county defense lawyer may say that they accepted the municipal water and the ”limited free water”, so they have been justly compensated and have lost the guaranteed by the US Constitution,  thus losing their rights of Just Compensation.
 
Our rights are being eroded by attrition, especially with the help of Cedar Creek Township’s board making decisions for individuals against their input and without their permission.  Most people do not want their wells capped, whether they signed an agreement or not.  CCT will not help to keep both public water and your private well– political promise or not!
 
The Cedar Creek Township Ground Water Ordinance  (bought buy the MDEQ) ”bluff ” has been called.  Nobody will enforce it.  Why?  It’s because the Plaintiffs’ lawyers told CCT to “ just try to enforce it and will sue you for that,too!”   Nobody can stop government officials from making another new law, but we sure can SUE you for trying to enforce it.
 
The Governent is responsible for the contamination plumes and will do anything to cover it up!
 
The fight has been long and hard.  People’s rights should not be “collateral damage”.  Some seem to think that the Plaintiff’s Suit is a class action suit.  One person signing off on anything is only that one person’s settlement — not mine!
 
Robert Lohman
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                    WELCOME TO CEDAR CREEK VOICE.

   Email address: http://cedarcreekvoice.wordpress.com

Cedar Creek Voice is a weekly news magazine and opinion blog dedicated to the citizens of Cedar Creek Township, as well as greater Wexford County, Michigan.

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WEXFORD  COUNTY,  MICHIGAN:

Wexford County, Michigan

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Want to leave a comment OR submit a letter for publication? 

Click on “Make Comment” at the beginning of each Post. 

Updates are usually done every week.

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Go   to  fullsize image 1995 84 53 c jpg 155 x 208 | 12k americanart.si.edu 

 

 H A P P Y     V E T E R A N S    D A Y !

 H A P P Y      V E T E R A N S     D A Y !

 H A P P Y       V E T E R A N S      D A Y !

 

Announcement to all active-duty U.S. military personnel and veterans:

 
Across the U.S.A., all APPLEBEES RESTAURANTS and all GOLDEN CORRAL
RESTAURANTS are offering a FREE LUNCH or FREE DINNER to you on this
VETERANS’ DAY, November 11, 2009.  Please check the websites, www.applebees.com
or www.goldencorral.com to find the restaurant closest to your home.  (The closest
Applebees to Cadillac area is in Traverse City or Big Rapids, Michigan.  I couldn’t find
a Golden Corral close by.)  All you have to do is provide a photo ID to prove who you are:
i.e. a military ID, a veteran’s ID, a service organization ID, or a Veterans Association ID. 
 
  
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ATTENTION:
For those of you who have tried to get to TRAVERSE CITY from points south & east, like the  CADILLAC area,  but were surprised when you got to the Manistee River bridge on U.S. 131 and found it was closed due to construction:    Like many people, you may have noticed there were no signs anywhere near the bridge offering an alternate route or pointing the way toward a detour.   Actually we found one sign between Cadillac and Traverse City that tells you not to use M-113, but rather to take M-115 West (to Mesick), then turn right  onto  M-37 North, which will take you across the Manistee and  all the way into Traverse City.   We did find shorter alternate routes, but they were complicated.   This route is longer, but direct.  Hope this helps!
Editor -
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  HAPPY  NOVEMBER  BIRTHDAYS
NOVEMBER 5 …..Remembering CHARLES RAMSEY.
NOVEMBER 13 …..HAPPY BIRTHDAY, SHERRIE FUSCONE!
NOVEMBER 14 …..HAPPY BIRTHDAY, JERRY LOFTIS!
NOVEMBER 17 …..HAPPY BIRTHDAY, LOIS STANCIAK!
NOVEMBER 19 …..HAPPY BIRTHDAY, LOUIE FUSCONE!
NOVEMBER 19 …..HAPPY BIRTHDAY, JANET LOCK!
NOVEMBER 20 …..HAPPY BIRTHDAY, JERRY AHRENS!
NOVEMBER 21 …..HAPPY BIRTHDAY, SEAN AHRENS!
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CURRENT POSTS (from 11/09/09):

  • Bulletin Board
  • Letters, Opinions, & Commentary
  • Rx: Laughter, p.r.n.
  • Elsewhere in the World
  • Celebrities in the World
  • Police Files
  • Science News
  • Health News
  • The Baucus Health Care Plan
  • Democrat, Republican Views on Health Care Reform
  • U.S. Troops & Veterans News
  • The Fort Hood Massacre
  • The Victims of the Fort Hood Massacre
  • State of our U.S. Economy
  • Politics … As Usual!
  • National News
  • Michigan News
  • Local News
  • Tracking Local Gas Prices: November, 2009
________________________________________________________________
    
    S     E     R     V     I     C     E     S
_____________________________
 
For FREE  PRESCRIPTIONSHEALTH CARE
 
(including diabetes & hypertension clinics; 
 
diagnostics including mammogram & pap smear
 
 
with follow up care if results abnormal);  
 
 
PREGNANCY HELP; and  DENTAL CARE in the
 
 
Cadillac area: 

See the Page titled: 

“Can’t Afford Your Prescriptions

  or Health Care

 (Names of agencies, locations, and/or

telephone numbers are included.)

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 ::::: H E L P ::: W I T H ::: H U N G E R ::::   

 * Check Page titled: 

“FOOD PANTRIES in MISSAUKEE, OSCEOLA, and WEXFORD COUNTIES.”

            – Or call the Chamber of Commerce of town nearest you and ask where you may donate (or obtain) needed food items.

_________________________________________________________________________

-FOOD STAMP HOTLINE…..

          1-800-481-4989.

_________________________________________________________________

-Call DEPT. OF HUMAN SERVICES OF 

      WEXFORD & MISSAUKEE COUNTIES

 re:  food, housing, and other basic needs  ……..  (231) 779-4500.

                        Our thoughts and prayers are with you.

___________________________________________________________________________

 

  h     o     m     e     s    

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Governor Granholm Announces Toll-Free Number to Help Families Facing Mortgage Foreclosure.  

“Save the Dream” campaign toll-free number is ………………….1-866-946-7432.

ALSO:  See Link titled, ”HELP FOR THOSE FACING FORECLOSURE”  with information from HUD.

_________________________________________________________________

VETERANS:  Please see the 10/11/08 Post, “U.S.Troops & Veterans’ News” regarding President Bush signing the Veterans’ Benefits Improvement Act,  especially the part about V.A. home loans:

“…One change in the benefits law that would be vital to many veterans at a time of turmoil in the home mortgage is an overhaul of the veterans’ home loan program that makes it easier for people with non-VA loans to refinance their mortgages through VA. This is done by raising the amount VA will guarantee and reducing the amount of equity a homeowner must have in order to refinance…”

[Editor's note:  For information regarding many Veteran's needs, see the Post "VETERANS'  HQ"]

__________________________________________________________________________
  
 
   I   N   C   O   M   E  
__________________________________________________________

 Call, Visit, or Write your local MICHIGAN WORKS! at:

Michigan Works! Service Center,  401 Lake St., Ste. 700,  Cadillac, 49601,

Telephone: (231) 775-3408.

___________________________________________________________________________

FOR THOSE LOOKING FOR

FIRST JOB, 

A NEW JOB,

OR ANY JOB: 

 Be sure to check the job listings and career information in the (NOW 20) LINKS under

the heading: JOB SEARCH!  To go directly to  these websites to check “help wanted”, ”employment” or “careers” - just click on the name of the Link itself  (all start 

with  “JOB SEARCH:…”).   The link will take you directly there.

___________________________________________________________________________

VETERANS:  Try checking the Link: JOB SEARCH:  DESTINY GROUP – “Employers Seeking Those Who Served in the Military.  Search over 100,000 jobs.”

___________________________________________________________________________

UNEMPLOYMENT   BENEFITS  

                                 in MICHIGAN:

How Do I File for Unemployment Insurance?

Claims by Mail:

Jobless workers may take cuts in line by using our convenient Claims By Mail service.  Mail-in applications are available in Bureau branch offices, most Michigan Works! service centers and in the FORMS section of our Web site…

Internet Claims:

To use the on-line servcice, applicants must be filing a new or additional claim.  An additional claim is one filed to reactivate benefits when a person already has a claim in existence, interrupts the payment of benefits on the claim by returning to work and then becomes unemployed again.

Applicants filing new claims must meet these criteria:

  • Are not employed full time.

  • Have been employed during the past 18 months.

  • Live in Michigan.

  • Were employed by only one Michigan employer during the past 18 months.

  • Filed a claim for unamployment benefits during the past 10 years.

  • Did not work in family employment.

  • Were not in Military Service during the past 18 months.

  • Were not employed by the federal government during the past 18 months.

  • Did not work in another state during the past 18 months.

  • Did not file a claim against another state during the past 12 months.

  • Did not work under more than one social security number diring the past 18 monhts.

  • Are not trying to claim past weeks of benefits.

UNEMPLOYMENT INSURANCE AGENCY:

To File a Benefit Claim, Call (toll free): ………………….1-866-500-0017.

Click on website:  http://www.unemploymentoffice.net/State_resources/Michigan

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AP 

November 5, 200

How to apply for homebuyer

tax credit

Housing: Boom, Bounce Or Bubble? CNBC  – Housing: Boom, Bounce Or Bubble?

 

Real estate signs Reuters – Real estate signs are

seen in the front yards of houses in this file photo taken in Maricopa, Arizona …  

By The Associated Press – Thu Nov 5, 3:20 am ET

 

The Senate has voted to extend and expand a popular tax credit for homebuyers that was scheduled to expire Nov. 30. The House is expected to schedule a quick vote on the bill, part of a package that also extends unemployment benefits for people out of work more than a year. How the homebuyer tax credit would work:

___

Tax credit: Ten percent of the purchase price of a primary residence, up to a maximum of $8,000 for first-time homebuyers and $6,500 for repeat buyers. First-time homebuyers are defined as people who have not owned a home in the previous three years. Repeat buyers must have owned their current home at least five years. The credit cannot be used for houses costing more than $800,000.

Deadline for qualifying: Purchase agreements must be signed by April 30, 2010, and closings must be final by June 30.

Military deadline: The deadline is extended by a year for members of the military who have served outside the U.S. for at least 90 days from Jan. 1, 2009, to May 1, 2010.

Income limits: Individuals with annual incomes up to $125,000 and joint filers with incomes up to $225,000 qualify for the full credit. Individuals with incomes up to $145,000 and joint filers with incomes up to $245,000 qualify for reduced credits.

How to apply: Taxpayers can claim the credit on their federal income tax returns. If the credit exceeds their tax bill, the government will issue a payment. Taxpayers who want immediate refunds can amend their tax returns for 2008 to claim the credit.

Cost: $10.8 billion.

___

Source: Joint Committee on Taxation 

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B U S I N E S S

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provided by
The New York Times

October 29, 2009

Eleven Easy Ways to Destroy

Your Company

by Jay Goltz

Thursday, October 29, 2009

Businesses make hundreds or thousands of decisions every year, many of which seem inconsequential. But the smallest details can have business-changing or even business-ending consequences. Here are 11 of my favorites to watch out for:

1. The lowly extension cord. People get cold feet. They get a space heater. They plug it into a two-pronged extension cord. They forget to unplug it when they leave work. That night, while you are sleeping, your entire business burns down. Your brilliant marketing plan, your three-year projections, all of your records, your new product samples.. You get the idea. This is not something that most business owners think about, but insurance companies know that extension cords and space heaters are major fire hazards. It is good practice not to allow any extension cords in your business that aren’t three-pronged.

2. Bad receivables. Let’s assume that you are using good judgment as to which customers get credit and how much. Even so, it is very easy to get into a business-life-threatening situation because of a big customer that goes broke. Months before the bankruptcy filing, the following statements will be made to you: “I’m not going anywhere. We’ve been short on cash before, and we always come out of it. You have my personal word.” And you will respond: “We’ve been doing business together for 30 years. I’m not worried about it.” Bad things happen to good people. Good and honest intentions do not always result in getting paid. It is very painful and difficult to cut off an old customer, especially when you need the business. But many companies go broke because of bad receivables.

3. Interviewing. It is both art and science. Like a bad science experiment, it can cause explosions. Having someone who hasn’t been properly trained interview prospective employees is a recipe for disaster. There are many questions that you cannot ask without risking a nasty lawsuit that will cost plenty of time and money.

4. Hiring without doing background checks. There are some bad people out there looking for jobs. Even with a background check, there is no guarantee that you won’t have a problem, but it will certainly improve the odds.

5. Vehicles. They are rolling liabilities. Allowing someone who is not insured properly through the company to drive one can have disastrous results if there is an accident. You will be seen as having “deep pockets” — even if your pockets are empty.

6. Vehicles, again! With the demise of the full-service gas station and longer intervals between oil changes, many people are driving around on under-inflated tires, which are much less noticeable since the advent of the radial tire. Under-inflated tires are more likely to cause a blowout, which can result in very bad things. We check all of our vehicles once a month.

7. And again! Texting while driving is the new drunk driving. Do not allow it.

8. Insurance. I asked my insurance broker what the three biggest small-business insurance failings were. His response: 1) understating insurance to value; 2) not having employment-practices insurance; 3) not having business-income replacement coverage to replace lost revenue until the company is up and running again. It is no secret that the insurance companies are in a much bigger hurry to settle a claim when they are paying out money every week to replace that income.

9. The wrong accountant. Many accountants just do tax returns and are not qualified to act as an outside voice and keep an eye on the health of the company. I have seen more than one company fail because the owners didn’t know what they didn’t know.

10. Bad controls. Many companies have gone broke because of theft or embezzlement. Your accountant should help you set up these systems.

11. Bad company policies. I was just in a spa. There was a sign posted that said that tips must be paid in cash. I asked why. (Apparently, they get asked about this a lot.) The receptionist explained that the employees didn’t necessarily claim all of the tips and the company did, so there could be a discrepancy if either got audited. Not a great story. I am sure that some customers — 5 percent? 20 percent? — will either find it inconvenient to use cash or will resent supporting tax evasion. If I am right and they lose customers, the spa will undoubtedly blame the losses on competition or the economy.

An ounce of prevention is worth a pound of cure. Benjamin Franklin was a good businessman.

Can anyone add to my list?

—–

Jay Goltz owns five small businesses in Chicago.

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1102-40360-849-1109

 

LOCAL  LETTERS ____________________________________    

November 1, 2009

Dear Clerk Gouge,

Please include the following In November 3 meeting materials and discussion:

 Landfill Committee Report

On Wednesday October 21, 2009, the Wexford County Board of Commissioners voted in favor (7-2) of accepting the Board of Public Work’s recommendation to select the American Waste landfill proposal and move forward in negotiation toward transfer of landfill operations. The next stage in that process will be discussion and approval of a proposed Letter of Intent (LOI) between the County and American Waste. If the Township has not already received a copy of the proposed LOI   it should do so as soon as possible. The proposed letter contains several areas of interest and concern to the township, but the issue which should be of immediate concern is that the LOI contains no Township Host Agreement terms or impact fees whatsoever. The agreement stipulates that host fees (identical to those now paid to the township) will be paid to the county, but no mention is made of host fees to the township itself. Gas royalties are not mentioned at all.

You will recall that a Landfill Proposal and Host Agreement Work Session was held in mid-April at the township hall. The purpose of that session, among other things, was to survey more than 100 host agreements in order to develop perspective on  the acceptable range of terms in such agreements. Michigan law (Act 66/1991) allows a host community to collect impact fees ( 10-cents/cubic yard or 30-cents/ton) without a host agreement (although application must be made through State agencies) but nearly all host communities negotiate Host Agreements and secure higher impact fees along with a range of additional benefits. The proposed transition in landfill operations is an optimal point for host agreement re-negotiation, just as the RAP approval process was in 2005-6.

To recap the focus areas developed during the April work session:

  • Impact fees typically include a Consumer Price Index (CPI) adjustment or provisions for increase. In lieu of CPI  adjustment, some communities opt for an agreement that captures a percentage of gate fees in the range of 2-5%. Our agreement, signed in January 2007, contains no inflationary or adjustment clause over a 40-year contract. Gate fees have increased by more than 20% since the agreement was signed, but Cedar Creek has not collected any portion of those higher revenues. We are currently collecting less than 1% of the gate rate.

  • Free or reduced-cost disposal for the host community. Virtually every agreement we surveyed in April provided its host community with this benefit.

  • Gas royalty. The typical net gas royalty range in Michigan host agreements surveyed was 45-50% Our current agreement provides a 10% net gas royalty.

  • Expansion clauses that mandate re-negotiation. Typical in the agreements surveyed but not included in ours.

  • Successor assignment. Included in every agreement surveyed but vague in our agreement. Clear successor language should be mandatory in order to insure that whatever transition the landfill goes through – sale, closure, lease, etc – the township’s interests and assignments will be included.

  • In addition, host agreements for communities which had existing contamination or pollution problems typically also included protective and/or monitoring provisions.

  •  Cedar Creek Township struggles with the negative consequences of hosting the landfill: lost or reduced tax revenues, a 1300 acre impact zone with reduced development and economic value, a significant number of families and households whose lives and property have been changed forever. Because of the serious impact of landfill and contamination issues, it is the  Township Board’s duty and responsibility to secure the most beneficial  and protective agreement possible for the community.

Rita McNamara

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LETTER FROM ENGLAND ____________________________________

[Editor's Note:  This is a letter to the editor (from an American)  that appeared in a local newspaper, the Express and Star, about care received at New Cross Hospital, in Wolverhampton, England, which is not far from Birmingham.  It was sent to me by a friend.]

Express and Star

23 October 2009

NHS has much to teach states

      The NHS [National Health Service] frequently gets poor press at home and abroad.  I have a different story. 

     I have just spent 14 days participating in the care of my younger brother, John Graham Parker, of Stableford, who died on October 12.  The care he received at Neww Cross Hospital and at home was comprehensive, professional, and caring.  His medical team, Dr. Hall, Ms. Elgaddal, Dr. King, and his palliative care physician, Dr. Reynolds, were outstanding.

     One cannot say enough in praise of his nurses on D2 at New Cross, one of whom called, after Graham got home, to see how he was doing.     

     He wanted to come home to familiar surroundings and to overlook his beloved garden.  This was no small task, involving transportation, furniture rearrangement, a hospital bed, oxygen, pain control, and most importantly, emotional support to Dorothy, Graham’s wife of 46 years.

     At home Graham got care from Peace of Mind four times a day, a daily visit from two district nurses who were marvelous, a visit from Macmillan nurses, and overnight care from volunteers from Hospice at Home.

     For the most part his pain was controlled and he died comfortably and at peace, thanks to those wonderful care givers.

     Dorothy, I know, joins me in saying a heartfelt thank you to the NHS.  Here in California we have a lot to learn from that experience.

D. Parker

Tiburon, California  

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LETTERS FROM THE U.S. SENATE ____________________________________  

 

November 6, 2009

Thank you . . . 

 . . . for contacting me about climate change. I share your commitment to protecting our environment and creating new jobs through a low-carbon economy.Global climate change is a real threat to wildlife and ocean ecosystems. Not only are temperatures rising, but increased evaporation could cause Great Lakes water levels to drop significantly, affecting water supplies and fish and wildlife populations.  There is no question that now is the time to act.

However, comprehensive climate legislation must be done right and with great care. Michigan’s economy has suffered greatly during this economic downturn, and climate legislation must not make our situation worse. I believe that by making the right policy choices and the right investments, we can reduce greenhouse gas emissions in a way that revitalizes Michigan’s economy and creates new jobs.

New energy solutions create new jobs and new industries. We are in the midst of an energy revolution that is creating new opportunities for innovation, investment, and invention. At the same time, we are leaving a cleaner environment for our children, and we are breaking our dangerous addiction to foreign oil.

As a member of the Senate Energy Committee, I have been very active in advancing these issues. Because of our strong industrial and agricultural sectors, supported by some of the best research universities in the country, Michigan is in a unique position to lead the nation as we transition to a green energy economy. I will continue to fight for a climate change policy that reduces greenhouse gas emissions, protects wildlife, and strengthens our economy.

Sincerely,

Debbie Stabenow

United States Senator

 

 
U.S. Senator Debbie Stabenow
The United States Senate • Washington, DC  20510
stabenow.senate.gov

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LOCAL LETTERS

———————————————————————————————-   

CALL COMMISSIONERS AND SAY “NO DEAL”  

When haulers take trash over the county line, small business gets the shaft.
Small businesses don’t have the volume or political connections to negotiate lower trash rates. Haulers use the county’s high rates and flow control policy to justify expensive pickup. Then they take the trash over the county line, dump at a cheaper landfill, and pocket the profit.

By turning a blind eye to offenses, county officials collude in theft from their own residents.

Instead of being outraged on the people’s behalf, the BPW looked for technical loopholes. Trash didn’t go to another landfill, they said; it went to a transfer station in Grand Traverse.

Instead of seeking restitution for stolen revenue, they recommend that the people pay a $1.2 million debt to expand the landfill for the benefit of a private company.

The video presented to the BPW showed an American Waste truck picking up garbage from mom and pop businesses in Buckley . The truck left Buckley, crossed the county line, topped off in Kingsley, and wound up at a Grand Traverse transfer station.

Did Wexford collect one dime on trash taken to the transfer station?
Did Buckley businesses benefit from lower trash rates because their garbage went out of county?
Does our solid waste plan allow trash to leave the county except under emergency situations?
The answer to all these questions is no.

The taxpayers have sunk roughly $19 million into landfill operations and expansion.
Should that investment be handed over to a company that pulled revenue out of the county?
Should taxpayers be strapped with construction debt that benefits American Waste?
Should we become a 23-county dumping ground because American Waste says so?

Call your commissioner and say, “No deal.”

  Rita J. McNamara   

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     COMMISSIONERS HAVE ANOTHER BAD PLAN     

Wexford County has an unprofitable landfill that has contaminated the aquifer in Cedar Creek Township.  Much of the funds set aside to close the landfill went toward the new county courthouse.  Commissioners spent a fortune to rectify contamination problems, but failed. They spent even more installing a water system, but were so high-handed and treated people so unfairly that lawsuits were brought against the county.  

Wexford commissioners also found a way to make the rest of the county pay for their mistakes.  They couldn’t raise taxes.  However, they fixed it so individuals and businesses in Wexford must pay much more for waste disposal in their own county than if they hired an outside company–which they aren’t allowed to do.

 For several years Wexford commissioners have discussed plans which all involve taking in trash from 21 outside counties at cheap rates, but forcing our residents and local businesses to pay high rates in order to sell the landfill.  Negotiations were with three companies:  TransGreen, Waste Management, and American Waste.

 Haulers from American Waste charge expensive waste pickup fees to local businesses due to Wexford’s high rates and flow control policy.  Yet citizens have brought evidence to the commissioners’ attention that this waste is not being dumped in our landfill.  Results:  Our businesses are charged more for pickup;  our landfill makes no money; and it’s against Wexford’s policy.  Did our commissioners call for an investigation?  No.

They again ignored citizens’ concers and voted 7-2 to sell out to American Waste.  (Commissioners McKeever and Beck voted against it.)

I suggest we call our commissioners to say “NO” to this sale.  And if they can’t come up with better plans, we need to vote them out!

Sherrie Fuscone

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LOCAL LETTERS

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CALL COMMISSIONERS AND SAY “NO DEAL”  

When haulers take trash over the county line, small business gets the shaft.
Small businesses don’t have the volume or political connections to negotiate lower trash rates. Haulers use the county’s high rates and flow control policy to justify expensive pickup. Then they take the trash over the county line, dump at a cheaper landfill, and pocket the profit.

By turning a blind eye to offenses, county officials collude in theft from their own residents.

Instead of being outraged on the people’s behalf, the BPW looked for technical loopholes. Trash didn’t go to another landfill, they said; it went to a transfer station in Grand Traverse.

Instead of seeking restitution for stolen revenue, they recommend that the people pay a $1.2 million debt to expand the landfill for the benefit of a private company.

The video presented to the BPW showed an American Waste truck picking up garbage from mom and pop businesses in Buckley . The truck left Buckley, crossed the county line, topped off in Kingsley, and wound up at a Grand Traverse transfer station.

Did Wexford collect one dime on trash taken to the transfer station?
Did Buckley businesses benefit from lower trash rates because their garbage went out of county?
Does our solid waste plan allow trash to leave the county except under emergency situations?
The answer to all these questions is no.

The taxpayers have sunk roughly $19 million into landfill operations and expansion.
Should that investment be handed over to a company that pulled revenue out of the county?
Should taxpayers be strapped with construction debt that benefits American Waste?
Should we become a 23-county dumping ground because American Waste says so?

Call your commissioner and say, “No deal.”

  Rita J. McNamara   

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     COMMISSIONERS HAVE ANOTHER BAD PLAN     

Wexford County has an unprofitable landfill that has contaminated the aquifer in Cedar Creek Township.  Much of the funds set aside to close the landfill went toward the new county courthouse.  Commissioners spent a fortune to rectify contamination problems, but failed. They spent even more installing a water system, but were so high-handed and treated people so unfairly that lawsuits were brought against the county.  

Wexford commissioners also found a way to make the rest of the county pay for their mistakes.  They couldn’t raise taxes.  However, they fixed it so individuals and businesses in Wexford must pay much more for waste disposal in their own county than if they hired an outside company–which they aren’t allowed to do.

 For several years Wexford commissioners have discussed plans which all involve taking in trash from 21 outside counties at cheap rates, but forcing our residents and local businesses to pay high rates in order to sell the landfill.  Negotiations were with three companies:  TransGreen, Waste Management, and American Waste.

 This past week citizens brought in evidence that haulers from American Waste were charging expensive waste pickup fees to local businesses, due to Wexford’s high rates and flow control policy, but the waste was not being dumped in Wexford’s landfill.  Results:  Our businesses are charged more for pickup, our landfill makes no money, and it’s against Wexford’s policy.  So what did our Commissioners do?  Call for an investigation?  No.

 They again ignored citizens’concerns, then voted 7-2 to sell out to American Waste.  (Commissioners McKeever and Beck voted against it.)

 I suggest we call our commissioners to say “NO” to this sale.  And if they can’t come up with better plans, we need to vote them out!

 Sherrie Fuscone

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LETTER FROM U.S. SENATOR DEBBIE STABENOW, D-MICHIGAN:

Re: Does the IRS want you to list your guns??
Mon, October 26, 2009 11:10:21 AM
From:
Senator Debbie Stabenow <senator@stabenow.senate.gov>

View Card

     

United States Senator Debbie Stabenow - Michigan
October 26, 2009 Dear Sherrie, Thank you for contacting me about an e-mail you received about a proposed bill to tax gun ownership.This is an Internet hoax-there are no bills pending in the House of Representatives or the U.S. Senate that would tax gun ownership.

I grew up in Clare, Michigan, and many in my family are avid hunters and fishermen. I felt very comfortable growing up with guns in our home and I understand the importance of legal and safe gun ownership. I do not support any efforts to take guns away from law-abiding citizens, but I do support enforcement of laws that prevent minors and criminals from illegally purchasing guns. My goal is to protect the rights of law abiding citizens, while recognizing the need to protect our children and our families from gun violence and other criminal activity. If we work together, I believe common sense will prevail.

Thank you again for contacting me. Please continue to keep me informed about issues of concern to you and your family.

Sincerely,

Debbie Stabenow

United States Senator

U.S. Senator Debbie Stabenow
The United States Senate • Washington, DC  20510
stabenow.senate.gov

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LETTER FROM U.S. REP. PETE HOEKSTRA, R-MICHIGAN

Reply from Congressman Pete Hoekstra
Mon, October 26, 2009 9:41:37 AM
   
     


 

Thank you for contacting me about health care reform.  I appreciate hearing from you.In July, House Democrats released H.R. 3200, a 1,018-page proposal that would overhaul the nation’s health care system.  During the August recess, I held and participated in multiple health care town hall meetings to talk about the House proposal.  It became abundantly clear that every single person is passionate about their health care.  Many expressed concerns with the accelerated pace of Congress in passing a bill and the specific provisions it contains.  It is important to address specific issues individually as opposed to pushing through sweeping reform at one time.

 I support free-market health care solutions, and many of the reforms have been introduced in the House of Representatives.  Republicans have introduced legislation that addresses pre-existing conditions, allows small businesses to join together to negotiate better prices, addresses medical malpractice lawsuits that have inflated costs, and allows interstate sale of health insurance to increase competition and decrease costs.  I stand ready to work with my colleagues on such serious health care solutions.

 There are currently many uncertainties surrounding the health care debate, including the provisions that will be included in a final bill, as well as the timing of a House vote.  I encourage you to stay up-to-date on health care reform efforts by signing up for my e-mail newsletter updates at: http://hoekstra.house.gov/healthcarenewsletter.

Again, thank you for sharing your thoughts with me on such an important issue.Sincerely,

Pete Hoekstra
Member of Congress

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