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Sunday, November 6, 2011

Economic Stories of Relevance in Today's World -- November 6, 2011

Fed lowers GDP forecast, mulls more action - Reuters - Pedro da Costa and Mark Felsenthal - November 2, 2011 - The Federal Reserve on Wednesday slashed its forecast for growth, raised projections for unemployment and said it was mulling the possibility of buying more mortgage debt to spur a struggling recovery. While members of the central bank's policy-setting panel voted 9-1 to hold a steady course, one official urged more stimulative action now and Fed Chairman Ben Bernanke said Europe's debt crisis posed big economic risks. At a news conference after a two-day meeting, Bernanke said buying more mortgage-backed securities was an option to help the economy and added that the U.S. central bank was still looking for ways to give clearer guidance on its policy path. "While we still expect that economic activity and labor market conditions will improve gradually over time, the pace of progress is likely to be frustratingly slow," he said. "Moreover, there are significant downside risks to the economic outlook," Bernanke said. "Most notably, concerns about European fiscal and banking issues have contributed to strains in global financial markets, which have likely had adverse effects on confidence and growth."


U.S. Payrolls Rose 80,000 in October; Jobless Rate Fell to 9% - Bloomberg - Shobhana Chandra - November 5, 2011 - U.S. employment climbed in October at the slowest pace in four months, illustrating the “frustratingly slow” progress cited by Federal Reserve Chairman Ben S. Bernanke this week. The 80,000 increase in payrolls was less than forecast and followed gains in the prior two months that were revised up by 102,000, Labor Department figures showed today in Washington. The unemployment rate fell to a six-month low of 9 percent from 9.1 percent even as the labor force expanded.


US retail sales miss expectations - The Financial Times through Yahoo News - Barney Jopson in New York - November 3, 2011 - US retail sales climbed 3.8 per cent in October, but missed market expectations as retailers prepare for a holiday shopping season of fierce competition and volatile consumer sentiment. Sales rose for the 26th consecutive month in spite of the weak US economy, but the 3.8 per cent rise fell below forecasts of a 4.4 per cent rise and marked the first miss this year. The figures did little to alter the prevailing outlook for end-of-year shopping, as consumers say they will spend less on gifts than last year while analysts forecast that once they hit shop floors they will end up spending between 2 and 3 per cent more.


Send Citi, BofA to 'Minor Leagues' for Breakup: Mayo - CNBC - Jeff Cox - November 1, 2011 - Big banks that haven't been performing should be broken up before they become a threat to the entire financial system, analyst and author Mike Mayo told CNBC.      Referring specifically to Bank of America and Citigroup , the managing director at Credit Agricole said the institutions are classic examples of banks where shareholders should be able to step in and remove ineffective executives. Bad corporate governance — and not fundamental weaknesses of capitalism — is at the heart of why so many people distrust banks, said Mayo, who called for accountability rather than more regulation. Mayo is author of the upcoming Exile on Wall Street: One Analyst's Fight to Save the Big Banks From Themselves.


Former Fed Chairman Paul Volcker laughs at the great increase in wealth disparity over the past 10 to 15 years, and at Americans for not speaking out more forcibly against it - Faux Capitalism - November 1, 2011 - In an October 24, 2011 interview with Charlie Rose, former Fed Chairman and fellow Bilderberger, Paul Volcker, laughed at the great increase in wealth disparity in the United States over the past 10 to 15 years, and at Americans for not speaking out more forcibly against it (starting at 18:27).

But there is a feeling — which I’ve been a little surprised has not been expressed more forcibly before — the distribution of income, which has changed very radically in the last 10 or 15 years. And you have a situation in the United States where there’s been almost no growth in real income for the average family for 10 or 15 years, but way at the upper end of the income distribution, there’s been an enormous increase, of a kind that didn’t take place in my lifetime or even in your lifetime. (laughs)

Rose responded with “it’s unbelievable!” — which is only genuine if he’s referring to Americans not speaking out more forcibly against it, and not the fact that it’s taken place, since he holds the Triple Crown for membership in globalist organizations where policies are discussed and made, and he regularly features fellow members on his program.     Rose posted a short 4-minute YouTube clip from the nearly half-hour interview, conveniently omitting reference to fellow Bilderberger Paul Volcker laughing at fellow Americans.


GOLDMAN SUX - Giant Squid Strikes Again at Occupy Wall Street's Credit Union - Greg Palast - October 31, 2011 - Last week, Democracy Now! and The Guardian ran our story about Goldman Sachs yanking financial support from a community credit union for honoring one of its largest customers. The customer: Occupy Wall Street. Our report so enraged Goldman that, within days, it doubled down on its attack on the little community bank. Goldman had already demanded the return of its $5,000 payment to the Lower East Side Peoples Federal Credit Union. Now, sources say, the trillion-dollar Wall Street mega-bank sent the following message to the not-for-profit community bank: "You will never get a dime from any bank ever again." About those "dimes" Goldman is taking away: They come from you and me, the taxpayers who put up billions into the Troubled Asset Recovery Plan (TARP), usually known as the Bank Bail-Out Fund.


Mortgage Fraud and the Housing Market - October 28, 2011 - Max Keiser & Catherine Austin Fitts

Friday, November 4, 2011

Kim Khardashian and the joke that is the "News" - Silence DoGood

Have you read the news, either in print, on line, or listened to the evening news and one of those ‘celebrity’ shows afterwards? I don’t, by virtue that I have a functioning brain, irregularly or otherwise partake of such shows or information. Why? I have no desire to hear about how or why some chia pet with a pretty face is skiing in St. Moritz this weekend. Hence my current state of disdain and nausea with all the latest hubbub concerning Kim Khardashian.

Can any one point to something solid or even of consequence this person has done that should justify her being splattered all over the print, internet, and broadcast media? What has Kim Khardashian done to facilitate society as a whole and perpetuate mankind? Has she invented something to make life on this planet more tolerable, noble, easier? Can anyone think of one contribution to the planet this person has made to deserve and get the celebrity status she currently has? No? Me either.

Yesterday was the breaking point with me and this little charade. She was seen on television by me, “apologizing to her fans…” Excuse me, what fans? Why does this person need or deserve fans when we’ve already established that they have done absolutely nothing of consequence with their lives. And of course, for those that detract from and stand in awe and disbelief of this poorly scripted performance in bereavement, you are labeled as “hater.” Fine, sign me up and gimme one of them labels.

First of all, we were forced to endure the ‘wedding’. We were all told how we should be excited at how glamorous this event would be. And now, as this obvious facade comes to an end, we are told how distraught and troubling it is. Please. Does anybody really care? Over half of the marriages end in divorce in this country. She’s a statistic. Granted, most last longer than 72 days, but hey, some people actually put forth an effort in some ventures.

With all that is happening and transpiring with the world, this is what we have to talk about and engage in public discourse over, Kim Khardashian, statistic. Perhaps it is a pleasant diversion from the jobless figures, the economy numbers, ills of war in Iraq, Afghanistan, and Libya. It keeps people duly occupied with their minds away from the collapse in Greece, the occupy Wall Street, Oakland, Seattle, and a dozen other places where people are fed up and taking to the streets because they’re out of options.

Do I dislike Kim Khardashian? No I don’t. I dislike what she stands for and the fact that so much time is devoted to her and she has done absolutely nothing for it. When your occupation is classified as ‘socialite’ that tells me quite a bit about the person bearing that occupation. What does it mean anyway when your occupation is ‘socialite’? What is it you do, exactly? What is it you contribute to society at all (and I ain’t talking about the bunch down at the exclusive social venue for members only)? I honestly don’t know and would sincerely like to have this paradox answered sufficiently that I can understand why these seemingly worthless people deserve the attention they receive. I dislike the fact that of all the things we should be talking about in this world today, we are diverted to what is an everyday occurrence in this nation. Kim Khardashian is a non-event. It’s almost like the Hickory News has made a comeback and Valerie is table-hopping once more at the Country Clubs.

Thursday, November 3, 2011

The Hickory Hound is what the Old Newspaper was...

In the next week, I am going to be laying out a story for you. A story that took nearly a decade to be told. A story that was given detailed attention. A story that we are dealing with the ramifications of today. This story will show what we are missing. Real reporting with details and opinion. A different era.... A smaller Hickory... Yet, a more dynamic Hickory. A story where the participants points of view were expressed and where differing ideas were debated. A story which will show how the Hickory Daily Record operated under the Millhollands.

What you will understand after reading this story is that the understandings of today are not based upon the facts of history. What people need to understand is that we got to where we are today, because of that history of which everyone is ignorant. No one has told me yet why the Mayor in Hickory is voting on every issue, when the North Carolina General Statutes say that a Mayor elected by the Electorate is only supposed to vote to break ties according to § 160A-69. Mayor to preside over council. (1971, c. 698, s. 1; 1979, 2nd Sess., c. 1247, s. 3.)

We, as the public, take for granted how the local government operates without checking to make sure that they are following proper codes and procedures as established by the North Carolina Legislature. These are the checks and balances necessary to ensure that municipalities do not become corrupt. While I am claiming no issues of a criminal nature, I see issues of negligence in responsibility of fiduciary duties that are supposed to be performed.

R.Walker Geitner, who long ago was the President of the First National Bank of Catawba County, once made a statement about our local government, which is nearly verbatim of what I have expressed here on this blog. He said in a Hickory Daily Record article, which I will cite in some later works, "A city exists by permission of the State. It is a municipal corporation -- not unlike a private corporation, particularly a public utilities concern. Citizens are stockholders in the municipal corporation and each one has a vote in the Board of Directors -- the City Council."

The public is bumbling around wondering why they aren't being represented. Well you get the government you deserve. You don't care who represents you, then why should you expect them to represent you? Although it is our local elected officials duty to provide a fiduciary trust and look out for the well being of the entire populous they represent, if you trust others without checking up on their actions, then when power goes to their head, you have a hard time getting them (or any subsequent office holder) back under control; because a precedent has been established that they can do whatever they want without regard for the law.

Checks and balances need to be brought back to the political structure in Hickory. The Hound had to come into existence, because we don't have a media to ask the important political and governance questions of the day. That is supposed to be one of the major roles of the media -- the fourth estate of government. They are supposed to be a guardian of the public's interest. We have no local reporters that do any in depth research and we have local media representatives that are handed stories of relevance that they squash. We don't have any debating of the issues. You read the local paper or listen to the local radio station and you get the local establishment's view of the issues, which is typically overly optimistic about the economy and devoid of any self-criticism.... Everything is great and if we had it all to do over again, we wouldn't change a thing. Does that represent the reality of the world you live in?

I have been told that this blog is opinion based. I fully disagree. It is about much more than some general opinions. Look at the issue related to the City of Hickory Mayor voting. That is research and we aren't finished with that one yet. Look at all of the economic statistics that are cited here. Those statistics have changed more opinions than my own, because they are rooted in fact. Look at how we use Multi-Media to let people speak for themselves and delve more thoroughly into subject material relevant to discussions. Yes, I and We do choose sides of a debate. I have told you that we are advocates, but the Hickory Daily Record does the same and Hal Row does the same. They just try to create an impression that they are above the frey and non-partial, but let's all be honest, we all have opinions and our work is created through those opinions. Some of us are honest and admit it and others... Oh Well.

Wednesday, November 2, 2011

Newsletter about the City Council meeting of November 1, 2011

This newsletter is about the Hickory City Council meeting that I attended this past week. City council meetings are held on the first and third Tuesdays of each Month in the Council Chambers of the Julian Whitener building.

At right of this page under Main Information links is an Hickory's City Website link. If you click on that link, it takes you to our city’s website, at the left of the page you will see the Agenda's and Minutes link you need to click. This will give you a choice of PDF files to upcoming and previous meetings.

You will find historic Agenda and Minutes links. Agendas show what is on the docket for the meeting of that date. The Minutes is an actual summary of the proceedings of the meeting of that date.

Here is a summary of the agenda of the 10/18/2011 meeting. There were a couple of important items that were discussed at this meeting and the details are listed further below:

Please remember that pressing Ctrl and + will magnify the text and page and pressing Ctrl and - will make the text and page smaller. This will help the readability for those with smaller screens and/or eye difficulties. 

Invocation by Rev. David Roberts II, Pastor, Morning Star First Baptist Church

Consent Agenda
A. Approval of Bullet Proof Vest Grant for Hickory Police Department in the Amount of $13,650.00 - The Bulletproof Vest Partnership Grant Act helps states and units of local government equip their law enforcement officers with armor vests. This grant will pay up to 50% of the cost of NIJ approved vests purchased by the Hickory Police Department. Thirty-Nine vests have been requested at an estimated price of $700.00 for each vest. The 50% that is not paid for by the grant will be paid from the Police Department’s budget. The total amount of the award will be $13,650.00. Staff recommends approval.

B. Approval of Tax Refund as Recommended by Burke County Tax Collector’s Office to Terry Stokes in the Amount of $711.56. - Terry Stokes paid taxes in 2010 for an aircraft sold in late 2009 and is requesting a refund. The records have been checked and verified by the Burke County Tax Collector’s Office. Staff recommends approval.

C. Change Order No. 5 to Contract with Pizzagalli Construction Company in the Amount of $60,039.00 for the Northeast Wastewater Treatment Plant (NEWWTP) Upgrade Project - The NEWWTP Upgrade Project was initiated in July, 2010 at a cost of $21,569,382.50 for a complete upgrade of the facility. The current contract amount for this project is $21,997,896.50 which includes previously approved Change Orders Nos. 1 – 4. This project was established with a contingency fund in order to address unforeseen expenses that may arise, and Change Order No. 5 consists of 11 items that were unforeseen during design and project bidding. The two most costly items are the electrical conduit material and routing at the oxidation ditches ($36,560.00) and the modifications to the Air Handler Unit support frame ($5,006.00). The revised contract total to date will be $22,057,935.50. Staff recommends approval.

D. Budget Ordinance Amendments
1. To budget a $1,190 insurance claim check from Trident Insurance Co, Inc. in the Police Department Maintenance and Repair of Equipment line item. This payment is for lightening damage to the firing range equipment on 08-21-11.
2. To transfer $39,639 of personnel related line items from the Planning and Development operational budget to the Code Enforcement operational budget for a position which moved from Planning to Code Enforcement.
3. To adjust the Hickory Rural Fire District budget to reflect anticipated receipts of rural fire tax revenue as identified by Catawba County and budget within the Hickory Rural Fire District budget.
4. To transfer $13,650 from the Police Department Uniforms line item to the Bulletproof Vest Partnership Grant project uniform line item. The City received a Federal Grant award from the Department of Justice in the amount of $13,650 to pay up to 50% of the costs of approved vests. The local match is $13,650 and is funded from the Police Department uniform operational line item.
5. To appropriate $34,391 of Transportation Fund Balance and transfer to the Block Grant/Vision 100 Agreement – Aviation Fuel Farm project Construction and Miscellaneous line items. The project budget is $343,906 with 90% Federal funding ($309,515) and 10% local match ($34,391).
6. To transfer $2,014 of Appropriated General Fund Balance to the Grace Chapel Road/Highway 321 Connector project to pay for additional surveying, legal preparation and exhibits. This work is necessary prior to preliminary discussions with Merchant Distributors Inc. (MDI) on an agreement to exchange City owned land for Right of Way owned by MDI.
7. To transfer $10,762 of Appropriated General Fund Balance to the Police Department Justice Assistance Multi Year Grant. The Police Department received a direct grant award of $37,161 and recommends using the grant to fund a soundproof interview room ($8,128), a camera security system upgrade ($33,035) and a door locking security system ($6,760). An additional $10,762 is necessary to fund the total expenditures planned within the project. Therefore a transfer of $10,762 transfer is necessary and represents Police Federal Reimbursement balances from previous years that have rolled into Fund Balance at year end.
8. To decrease General Fund Balance Appropriated by $59 and increase the transfer from the Multi-Year Governor’s Highway Safety Program Project Grant by $59. This amendment is necessary to close the Grant project and return $59 of unused funding back to the original funding source.
9. To decrease General Fund Balance Appropriated by $1 and increase the transfer from the Justice Assistant Grant- Recovery Project by $1. This amendment is necessary to close the capital project and return $1 of unused funds back to the original funding source.


New Business - Public Hearings
1. Approve Dedication of Right-Of-Way and Deed Transfer - US 321 to Grace Chapel Road (New Farm Road and Extension of Alex Lee Boulevard) Right- Of-Way Dedication (City Property) and Property Exchange with MDI Management, Inc. for Right-Of Way Dedication by MDI - This request is for approval of dedication of right-of-way shown on plat titled, “Right-Of-Way for the City of Hickory in Caldwell County” dated September 15, 2011 by Western Carolina Surveyors, PA. The plat dedicates right-of-way from the City and MDI Management, Inc. for a new road (New Farm Road) from the existing eastern end of New Farm Road (located just east of the existing commercial shopping area) to Grace Chapel Road and the extension of Alex Lee Boulevard to the new section of New Farm Road. In exchange for land for right of-way for permanent drainage easements and temporary construction easements from MDI, the City will deed Tract 1 (3.811 acres) and Tract 2 (25.236 acres) to MDI Management, Inc. MDI Management, Inc. will be dedicating 12.202 acres of useable land for right-of-way. A majority of Tract 2 is in very steep topography and drainage area which is not easily developable, but can be used as open space with land MDI owns for future economic development. Due to time constraints, staff is requesting two readings on this matter. This public hearing was advertised in a newspaper having general circulation in the Hickory area on October 21, 2011.

Chuck Hanson made the above presentation. Timeline wise, the DOT is working to advertise the project for construction to be contracted by the end of the year to be built in 2012. The right of way for private property was purchased by Granite Falls and Caldwell County. The project received unanimous consent of the Council Members present.



2. Approval of Resolution Supporting Urban Progress Zone Re-Designation Within the City of Hickory - This request is for approval to designate the City of Hickory as an Urban Progress Zone, applicable for one year. State Legislation was passed in 2006 that created a new tax credit program, Article 3J Credits, which provides three (3) types of tax credits to eligible taxpayers who undertake the qualifying activities of creating jobs, investing in business property, and investing in real property (tier 1 only). To qualify for the credits, businesses will need to meet the 2011 3J Wage Standards that apply to Tier 2 counties. Qualifying wage for Catawba County is $592/week or $14.80/hr. Incentives include $1000 credit per job for businesses creating jobs in zone (5 job minimum) and a 7% credit for investing in machinery and equipment, with a $0 threshold. The areas designated as the Urban Progress Zone must meet the poverty level threshold, which means 20% or more of its population is living below the poverty level.

Todd Hefner made the presentation of the above information. The zone was determined by using the 2000 census. Using the current census will expand the applicable properties available to obtain these credits. Alder Fox asked about how word was going to be gotten out to advertise that these credits were available, because most businesses would not know about this. Mr. Hefner stated that "you would be surprised how many businesses do know about this and ask if they are located in the area. Their accountants let them know about it. Two companies are Fiserv and Plastic Packaging." Alder Fox continued by asking how out-of- State companies find out? Mr. Hefner responded that the City makes companies aware when they inquire about the area. Asst City Manager Wood asked if this was listed on the Website and Mr. Hefner affirmed that it is. The Credits received unanimous consent of Council.






Departmental Reports:
1. Request for Second Reading – Approve Dedication of Right-Of-Way and Deed Transfer - US 321 to Grace Chapel Road (Read Above)

2. Approval of Proposed Changes to the Vacant Building Revitalization and Demolition Grant Program, Which Includes Grants of 15 Percent of Eligible Project Costs Up to a Maximum of $30,000 - The proposed guidelines make a number of changes to the program to ensure that the level of city incentive is more in line with the scale of the project. Eligible project activities has been expanded to include interior improvements while decreasing the reimbursement percentage from 50% to 15%, which would account for the increased number of eligible activities. The program will continue to provide funding for the demolition of buildings within an eligibility area. These costs could be reimbursed at 35% up to a maximum of $20,000. The proposed guidelines also re-institute an eligibility area for the grant program, which will be called an Urban Revitalization Area. Building over 10,000 square feet located within the area could be eligible for grant funding. The building size criterion was added to ensure that projects receiving funding would be of significant scale. Smaller buildings would remain eligible for Appearance and Landscape Grants of up to $5,000 and $2,500 respectively. Applicants would also need to identify end users for at least 50% of the building square footage and any change to the end user would need to be approved by City Council. Also, the Business Development Committee will review applications and make a recommendation to City Council instead of the Redevelopment Committee.

Enacted in September 2008, 15 grants awarded. One was not completed, meaning 14 companies received these grants. Just over $250,000 paid to 14 recipients, the program was halted in February 2011 to revisit program guidelines, and new program guidelines will address staff and council concerns. Companies receiving these grants were Superior Storage (next to WHKY), Hickory Auto Parts (Aiken-Black), Hickory Mechanical - Safe Harbor, Verizon on 127 (former Hutto's), Flooring Liquidators (321 and Main Ave. SW).

Vacancies Have continued to increase. Multi-tenant retail vacancies have increased by 17% over the past year. Stand alone buildings have been more steady. The total square footage of stand-alone buildings in the Revitalization Area has decreased. The Hickory Mechanical Building would have been demolished, most likely if not for these grants.

Proposed Changes 1


Proposed Changes 2



Previous projects have not increased the tax base significantly. These projects did likely help stem declines in the tax value that would have occurred, if buildings continued to deteriorate r been demolished.


Within the Urban Revitalization Area there are 51 stand alone buildings over 10,000 square feet in the area. 78% of the vacant buildings over 10,000 square feet, in the area, were bult before 1975. These are most likely the type of buildings to qualify and be approved for funding.. This will help to develop anchor type buildings that are able to stabilize a block and spur additional investment. It eliminates some of the smaller retail and office spaces, but  they are still eligible for other grants. This area is also the most likely to be eligible for Revitalization Area Tax Incentives and Appearance Grants.

The new proposal will cover the interior as well as exteriors of buildings. More activities will be eligible for funding of the program. The threshold will rise to $75,000 from $35,000, because of the addition of authorized improvements eligible for grants. Staff recommends that proposal require an end user be proposed for 50% of the buildings usage. Staff has found that the most successful projects had an end user stated. This should address the concerns of Council that this may incentivise businesses to move across town. The Business Development Committee will supervise redevelopment applications going forward to mitigate problems that formerly put staff in awkward position of judgment in determining eligibility.

Mr. Leonetti talked about the BDC's recommendation of adding multi-family buildings to the fund in the form of allowing functionally obsolete Old Warehouses to be allowed to obtain some of these grants for conversion of these properties into residences. Alder Fox asked about the map below relating to Highway 70 Southwest and it looks like this has all been put into one Urban Area. Mr. Leonetti talked about the residential properties not being part of this program. Alder Patton talked about some of the properties that have already been upgraded in that area.



The Hounds Overall View about this meeting is that it was encouraging to see the discussions about revitalization. It is obvious to see that this is something that Alder Fox is highly focused on. I believe that her focus on the appearance of the City is important to the marketability of the City and we need to worry about the whole City and get out of the seemingly inferred mentality of denial by some that we can cordon off whole section of the City and label them economically non-viable.

I certainly believe in the Free Market, but this is not a "Free Market" issue. This is a Social Issue. This is an Eco-System issue. This is a planning and progress issue. This goes back to this era of economic consolidation that most of us see. What is happening is that when you allow the community to continually address properties as economically non-viable in the context of "Laissez Faire" economics, then you see a wave of momentum build where more and more properties within the city become non-viable. Eventually this non-viability will attack areas that the Developers thought would never be touched, because it is destroying the social viability of the community. 

If people can't make a living in the community, then they are going to leave the community. If people are subjected to living in areas that are allowed to become dumps, then they are going to leave the community. If businesses don't have a viable marketplace, then they will leave the community or will not enter the community to do business.

Certainly this is a complex issue. Alder Fox was asking Todd Hefner if businesses knew about the Urban Progress incentives. I will bet you that only the connected know about these tax breaks and grants. The same people always get this stuff. Warren Wood asked if the U.P. information was on the City's website. I have already talked before about the lack of functionality of the City's Website. It isn't about the pictures on it or the colors. It is the fact that it is clunky and there are parts of it that are completely non-functional. Once you get off of the main page of the website it is mundane, lacks interactivity, and is not user friendly. As far as technological progress, Hickory - the center of the region, has the electronic functionality from at best the 1990s. And honestly, it makes me think this is done on purpose.

But overall, I think the presentations were very good. I like the idea of repurposing the warehouses and turning some into residences. It makes me think of the mixed use property philosophy discussed during Hickory By Choice and some of the Mixed Use properties I have seen in places such as Charlotte, Mooresville, and Wilmington. Instead of building the communities from scratch, as they were done in those places, why not repurpose, revitalize, and rebrand some of these old warehouses. It is risky to a certain extent, but the payoffs could be huge.

Monday, October 31, 2011

Does the way the Hickory City Mayor votes meet North Carolina General Statutes? -- Silence DoGood

Recently in a discussion in comments section of this forum concerning Reverend Cliff Moone and Mayor Wright, a couple of true statements were made that I found troubling.  So I decided to take a look.  Here is what I’ve come up with.

The following section is taken directly from the Hickory City Ordinances as published by Municode:

“Sec. 3.81. - Powers and duties.
      (a)   The powers and duties of the mayor shall be such as are conferred upon him by this charter1, together with such as are conferred by the city council2 pursuant to this charter, and no other.
      (b)   The mayor shall preside at all meetings of the city council3 and shall have the right to vote upon all questions. He shall be recognized as the official head of the city by the courts for the purpose of serving civil processes, and by the public for all ceremonial purposes4. He shall have power to administer oaths.  
      (c)   Such functions are enumerated in this charter as are conferred upon the mayor by general law shall be exercised by the city manager [sic].”
The next reference was taken directly from the North Carolina General Statues and is provided herein as a reference and footnoted in the section above to provide validity to that part of the code.  The footnotes are of my inclusion and not part of the original text.
      § 160A-69.  Mayor to preside over council. 
    The mayor shall preside at all council meetings, but shall have the right to vote only when there are equal numbers of votes in the affirmative and in the negative. In a city where the mayor is elected by the council from among its membership, and the city charter makes no provision as to the right of the mayor to vote, he shall have the right to vote as a council member on all matters before the council, but shall have no right to break a tie vote in which he participated. (1971, c. 698, s. 1; 1979, 2nd Sess., c. 1247, s. 3.)
     
Here’s the deal.  The Hickory City Code runs counter to Statutory law and as a political sub-division of the State of North Carolina, any ordinance to be valid and Constitutional, cannot violate North Carolina Law.  The Hickory City Code is invalid in my humble opinion in this section.  Take a look.  NCGS § 160A-69 provides that the Mayor, “…shall have the right to vote only when there are equal numbers of votes in the affirmative and in the negative.”  Now, in Section 3.81 of the Hickory City Charter, it gives the Mayor, “…right to vote upon all questions.”  Therein lies the problem.


NCGS § 160A-69 only gives the Mayor a vote when there is a tie vote among council members, or, “In a city where the mayor is elected by the council from among its membership, and the city charter makes no provision as to the right of the mayor to vote….”  In the City of Hickory, the Mayor is not elected by the other Members of the City Council, the Mayor is elected by popular vote by the residents of the City that are registered and eligible to vote.  While that last part of that sentence is applicable, the City charter does address and make provision for the Mayor to vote, both parts of that sentence have to be valid and applicable in order for the Mayor to be able to vote on each issue.  Otherwise, the Mayor is only eligible to vote in the case of a tie.  The hook is that conjunction word “and”.  If that word were “or”, then there wouldn’t be a problem.  However, that isn’t the case and both conditions of that portion of the statute, “…Mayor elected by other council members and the city charter makes no provision as to the right of the Mayor to vote…” must be met.  That means that every vote participated in by the Mayor in and for the City of Hickory is highly questionable as to validity.

Now, that isn’t saying that much in the grand scheme of things.  They all vote together anyway and it isn’t like his vote carried any weight or negated from the rest.  However, it is wrong, it is improper, and it is in violation of the law.  The City needs to change their Charter so that 3.81 is in compliance with the Statute.

My other hang-up is over the City Manager and the agenda.  After further contemplation however, it makes sense that the Manager would set the agenda, with the aid and input of the Mayor.  Having said that, it is the Mayor’s meeting to run and he may call the items calendared after the agenda is adopted by council or to amend the agenda and then adopt it pursuant to the rules used to run the meeting.  Since there is no State statute or City code that stipulates who shall have construct authority of the agenda, I’ll leave it alone with what I think.

Now what I see happening is, if the legal staff sees this as being a problem after enough people have talked about it, getting a text amendment to the statute bill introduced by one of our rubber stamp local legislators to have the wording changed so that the City doesn’t have to change their ordinance.  However, I see that as being a historically complex problem, given the way that most cities and towns are structured in this State.  But who knows.

Sunday, October 30, 2011

Economic Stories of Relevance in Today's World -- October 30, 2011

Bob Chapman -- The International Forecaster.com -- On U.S. markets -- October 29, 2011 - It is now clear to the most casual observer that the world’s monetary and financial system cannot function without massive amounts of additional money and credit. That means the system no longer functions the way it should. Europe really doesn’t know what to do and neither does the Fed and the Bank of England. The exception is throwing more money at the problem and keeping interest rates near zero indefinitely. Many US, UK and European banks are insolvent. The real estate market continues to deflate throughout Europe with the exception of Germany, which never really rose in price. Again, there are no solutions offered to solve this problem. Just as there are no solutions elsewhere. These conditions tell us the euro has serious problems to face as does the pound and the US dollar. You have to then say to yourself against what. Each currency has its own problems, thus, the only alternative is to measure each currency versus gold and silver. These are the true benchmarks, and when compared over the last 11-1/2 years, versus nine major currencies gold and silver on average annually have appreciated more than 20%. That tells you anyone holding currencies has been a major loser.            In the US and the UK banks are insolvent as well, because books are market-to-model, not to market and many carry two sets of books. Without a total audit one does not know the actual condition of these financial institutions. Market players and investors do not want to know the truth, because they cannot handle it. It means it is the end of the game – it’s over. That is why Wall Street and the City of London casts a blind eye at all the government manipulation going on. They go with the flow hoping the system will keep functioning.               Americans and others have been sold a bill of goods concerning US supremacy in the business and financial worlds, which means they have been propagandized since WWII. It is beyond the capability of most Americans to understand that they have been sold one lie after another and they bought it hook, line and sinker. Even if they discover the truth making seminal changes is very difficult. Thus, you can have 70% of people over 65 years old that have discovered the truth that are generally incapable of acting on it. The 25% of these retirees that have investable funds are frozen in the headlights and few make the necessary changes to hold on to their assets. If their assets remained static inflation is destroying their purchasing power year after year. Some will switch into gold and silver related assets, but very few. Good people who have led exemplary lives could lose most of their assets if they do not make changes. Once the system goes down there will be no way back. Ask the people who didn’t listen in 1929.

As Occupy Wall Street and related protests inject themselves into the 2012 presidential campaigns, a new government report shows that over the past three decades the incomes of the nation’s top earners have grown far more rapidly than those of everyone else. The nation’s economic gains have been increasingly concentrated in the households of the top 1 percent, according to the Congressional Budget Office, echoing previous studies cited by Occupy Wall Street protesters.      The 1 percent of the population with the highest incomes, average income grew 275 percent between 1979 and 2007, the report said. Middle-income Americans saw just less than a 40 percent rise during the same period, while the 20 percent of the population on the bottom saw an 18 percent increase.


A Dysfunctional System That Bankrupts A Generation - Zero Hedge - Wolf Richter - 10/26/2011 - Tuition has done it again: up by 8.3% for universities and by 8.7% for community colleges, according to the College Board. Here in California, tuition increases are outright ridiculous. Much of it will be paid for with student loans (though grants, scholarships, other aid, and tax credits will cover some of it). Student loan debt will exceed $1 trillion by the end of the year—a stunning amount. But unlike other debt, it cannot be discharged in a bankruptcy. The skyrocketing costs of higher education add to the strains already weighing down the middle class whose median household income has fallen 9.8% between December 2007 and June 2011 (Sentier Research) and whose real wages have declined 1.8% over last year (BLS) and around 9% since their peak in 1999.          We all support education; we want the next generation to be productive. So now, under increased pressure to "do something," the Obama administration has come up with a Band-Aid, which includes income-based payment limits and ultimate debt forgiveness in certain cases—an accelerated implementation of program improvements that would have taken effect in 2014. Looking forward, it is likely that more taxpayer funded relief is on the way. But the system itself is dysfunctional. The cause: a misalignment of interests within the complex relationships between students, universities, the student-loan industry, and the federal government.



Monster Prediction From BofA: Another US Debt Downgrade Is Coming In Just A Few Weeks
- Business Insider - Joe Wiesenthal - October 22, 2011
- In an analyst note, Bofa/ML's Ethan S. Harris drops a bit of a bombshell prediction: "We expect a moderate slowdown in the beginning of next year, as two small policy shocks—another debt downgrade and fiscal tightening—hit the economy. The “not-so-super” Deficit Commission is very unlikely to come up with a credible deficit-reduction plan. The committee is more divided than the overall Congress. Since the fall-back plan is sharp cuts in discretionary spending, the whole point of the Committee is to put taxes and entitlements on the table. However, all the Republican members have signed the Norquist “no taxes” pledge and with taxes off the table it is hard to imagine the liberal Democrats on the Committee agreeing to significant entitlement cuts. The credit rating agencies have strongly suggested that further rating cuts are likely if Congress does not come up with a credible long-run plan. Hence, we expect at least one credit downgrade in late November or early December when the super Committee crashes." This is quite a stunning prediction, mainly because nobody is talking about this. And though the experts were 100% wrong in thinking that a downgrade would increase borrowing costs, it did cause a major market jolt when it happened, leading to a major blow to confidence in August and September.


BOMBSHELL - Massachusetts Supreme Court Rules That Most Foreclosure Sales From Previous 5 Years Are VOID - October 19, 2011 (The Daily Bail) - Houston, we've got a problem - Bevilacqua - Amvona - Gregory M. Lemelson - (The Daily Bail) - The only thing surprising about this ruling is that it took so long to be made. This is black letter law, folks, the logical extension of the Court's Ibanez decision. Without a promissory note, a foreclosing plaintiff cannot show a legal injury, i.e., does not have standing to sue. Without standing, the action before the court does not qualify as a "case or controversy" under Article III of the constitution. Courts can only make rulings on "cases or controversies;" advisory opinions are a legal nullity. Consequently, a court that purports to enter a "judgment" where it has no subject matter jurisdiction has in fact entered a legal nullity on its docket; that "judgment" is void as a matter of law. As such, any such "judgment" entered where the plaintiff had no standing is open to collateral attack in any subsequent proceeding. What is more, subject matter jurisdiction cannot be waived; were that the case, parties could falsely induce courts to make binding rulings--obviously non-sensical.         
(Amvona) - On Oct. 18th, 2011 the Massachusetts Supreme Judicial Court handed down their decision in the FRANCIS J. BEVILACQUA, THIRD vs. PABLO RODRIGUEZ – and in a moment, essentially made foreclosure sales in the commonwealth over the last five years wholly void. However, some of the more polite headlines, undoubtedly in the interest of not causing wide spread panic simply put it "SJC puts foreclosure sales in doubt" or "Buyer Can't Sue After Bad Foreclosure Sale" In essence, the ruling upheld that those who had purchased foreclosure properties that had been illegally foreclosed upon (which is virtually all foreclosure sales in the last five years), did not in fact have title to those properties. Given the fact that more than two-thirds of all real estate transactions in the last five years have also been foreclosed properties, this creates a small problem. The Massachusetts SJC is one of the most respected high courts in the country, other supreme courts look to these decisions for guidance, and would find it difficult to rule any other way in their own states. It is a precedent. It's an important precedent.


A Tightly Knit Network of Companies Runs the World Economy, Says Network Analysis - Popular Science - By Rebecca Boyle - October 20, 2011 - A small, tightly woven network of companies, mostly banks, wields disproportionate control over the global economy, according to a new study. To the thousands of protesters swept up in the global Occupy movement, it may seem like a case of science confirming the obvious. It’s based on a few extrapolations and assumptions that are open to debate, but the overall findings shed some light on the intimate ways 21st century capitalism works — and how those functions can undermine the entire system. The study's assumptions have attracted some criticism, but complex systems analysts contacted by New Scientist say it is a unique effort to untangle control in the global economy. Pushing the analysis further, they say, could help to identify ways of making global capitalism more stable.


Revealed – the capitalist network that runs the world - New Scientist - Andy Coghlan and Debora MacKenzie - October 24, 2011 - AS PROTESTS against financial power sweep the world this week, science may have confirmed the protesters' worst fears. An analysis of the relationships between 43,000 transnational corporations has identified a relatively small group of companies, mainly banks, with disproportionate power over the global economy. The study's assumptions have attracted some criticism, but complex systems analysts contacted by New Scientist say it is a unique effort to untangle control in the global economy.          Pushing the analysis further, they say, could help to identify ways of making global capitalism more stable. The idea that a few bankers control a large chunk of the global economy might not seem like news to New York's Occupy Wall Street movement and protesters elsewhere (see photo). But the study, by a trio of complex systems theorists at the Swiss Federal Institute of Technology in Zurich, is the first to go beyond ideology to empirically identify such a network of power. It combines the mathematics long used to model natural systems with comprehensive corporate data to map ownership among the world's transnational corporations (TNCs).


Obama's job plan disconnected from reality?

Saturday, October 29, 2011

Instilling Opportunity and Faith in the People of this Community

If Jesus wasn't appreciated by the people in Nazareth, then why should we who try to provide a message to our neighbors, friends, and family think we should be treated any differently than the Lord?

I have had communications with people who inhabit the four corners of the world and some of them you would recognize. Some of these people have expressly conveyed to me that they appreciate my opinion and the fact that I am awake and I Get It. Yet, some of the people of my hometown tell me that I am a conspiracy theorist and 99% of the people don't have a clue about the important events and contexts happening all around us. The lack of recognition by these people from my hometown doesn't bother me. Only their intolerance and ignorance of the message is frustrating. They go along with the program of the controllers and follow the path of least resistance, as though it is going to benefit them in some way. They are under a mistaken impression that as this World continues to implode, they will be unaffected. They should be preparing, but instead they would rather see no evil, hear no evil, and speak no evil. What they don't understand is that they have shackled themselves to a code and allegiance that they don't even understand. And they are committing themselves to being lost forever!

Are you truly Patriotic? Have you ever read the Declaration of Independence? Do you understand and feel the words of the Pledge of Allegiance and the Star Spangled banner or is this just a ritual to you? Have you read and studied any parts of the U.S. Constitution or do you just go by what a reporter or politician tells you? If you are an elected official or bureaucrat, do you not understand that you have sworn as your duty to defend and uphold these codes? If you have never studied them, then do you not understand that you are automatically not qualified for your job? Would you just hand the keys to a car to a teenager and let them out on the road without any supervision and/or training? Do you not understand that it is the same thing?

That is where we have gotten off track. We have many intellectually lazy people seeking status as leaders in the nation. That is the reason why we have lost our nation, because we have people who aren't trained to think critically when making critical decisions. These people are in over their heads, because they don't know how to find answers, which comes from asking the right questions. They don't study history and they don't have a clue about patterns. They aren't in over their heads, because of intellect. They are in over their heads, because they have their priorities mixed up. I am begging you. If you are in over your head, it is alright to admit it. If you don't have the time or desire to commit to public service, then let's find someone who does. Our lives and our livelihood are at stake.

I do not pretend to be a prophet. I have plenty of flaws. The story below, I convey to establish an understanding. We have a lot of people around here that are worthy of listening to. These people have great knowledge, passion, and talents. There needs to be more respect for the human assets that we have in this community. Sometimes we see an arrogance that gets in the way of allowing worthwhile efforts to develop and be fruitful. Maybe, if we give people, regardless of social status, an opportunity to express themselves, then we might be amazed at what was right under this community's nose all along. Let's spread opportunity and see what we can cultivate.


Why couldn't Jesus do miracles in His hometown (Mark 6:4-5)?
Reasoning from Scriptures Ministries

In Mark 6:4-5 Jesus affirmed that a prophet is without honor in his home town, and in view of that reality, He could not perform any miracles in Nazareth except for healing a few sick people. The people of Nazareth were apparently plagued by unbelief and paid little attention to the claims of Jesus.

At first glance, one might get the impression that Jesus' miraculous power was utterly dependent upon peoples' faith in order for it to work. That is not the meaning of this verse, however. It is not that Jesus was unable or incapacitated in performing a miracle in Nazareth. (Remember -- Jesus is the sovereign Creator of the entire universe according to John 1:3, Hebrews 1:2, and Colossians 1:16). Rather, Jesus "could not" do miracles there in the sense that He WOULD NOT do so in view of the pervasive unbelief in that city.

Miracles serve a far greater purpose, from the divine perspective, than just providing a raw display of power. Indeed, Jesus' miraculous deeds are often called "signs" in the New Testament because they serve to signify His identity as the Messiah. Since the people of Nazareth had already made up their minds against Jesus, and had provided more than ample evidence of their lack of faith in Him, Jesus chose not to engage in miraculous acts there except for a few healings of sick people. He refused to bestow miraculous deeds on a city that had rejected the miraculous Messiah. Unbelief excluded the people of Nazareth from the dynamic disclosure of God's grace that others had experienced.

Because of Nazareth's rejection of the person and message of Jesus Christ, He went on to other cities that did respond to and receive Him. We have no evidence that Jesus ever again returned to Nazareth.