Here is what is on the city commission meeting agenda for tonight.
Worksession 5:30 p.m. today
regular meeting 7 p.m. tuesday
1. Receive presentation on proposed MidWest Rock Fest.
2. Consider ordinance correcting verbiage in City Code 8.12.070 regarding multi-family
dwellings, trash collection.
3. Consider ordinances levying special assessments on various properties in the City for
unpaid charges for weed mowing, property maintenance violations, and removal of junk and
debris.
4. Consider ordinance amending City Code regarding responsibility for trees and vegetation
on public property.
5. Consider resolution setting hearing date for possible dangerous structures at 521 N. C, 312
N. 1st, and 715 W. Vine.
6. Consider resolution authorizing an engineering services agreement for Kansas Avenue
improvement project.
7. Consider resolution authorizing purchase of property at 1534 N. 3rd.
8. Consider authorizing use of Equipment Reserve Fund for purchase of clarifier drive,
Environmental Department.
9. Consider authorizing use of Equipment Reserve Fund for copier purchase, Administration
Department.
10. Consider resolution setting public meeting for February 26, 2009 at 7 PM at the Senior
Center.
11. Consider Mayor’s appointments to City Boards.
Review of Upcoming Ordinances.
1. Charter Ordinance on reorganizing Hospital Board.
2. Ordinance modifying municipal code regarding skateboarding violations in the
downtown, increasing deterrents and penalties.
3. Ordinance on use of CSR, emergency services fees.
4. Ordinance revising utility shut-off procedure.
Monday, February 16, 2009
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25 comments:
Lets keep the golden rule:
Don't treat others in ways you don't want to be treated.
It is time to politely say "no thank you" to the Cost Recovery Corporation. If they don't take nice, then be more firm.
On August 19 after the ordinance was passed on the 5th:
"At a work session meeting Monday, City Attorney Tamara Niles... and other commissioners(,) said the city would not be billing individuals."
"Mayor Mell Kuhn said today the questionable wording was not intended to mean that individuals would be billed."
But CRC "is" billing individuals for money they do not owe, which is a violation of federal collection laws. Ark City can be held accountable for the actions of CRC.
Time to fix it guys.
For anyone wanting to see the packet online, it can be viewed at the city's website under the city commission's tab at the document center. Takes a while to download.
Lagonda is right. This would be a good opportunity to voice your concerns at the Quarterly Public Meeting coming up at the Senior Center. JJ can probably provide the details.
Just saw a link on Drudge Report that KS is withholding Income Tax refunds. Also says that it will be unable to make payroll.
isnt it a good while before income tax refunds will be mailed out ?
Kansas suspending Income Tax Refunds...
Sorry, here is the link...
http://www.kansas.com/735/story/701750.html
Crazy huh, but not unbelievable. I saw the story on kake, when I was checking for trial updates earlier this afternoon. Since I will owe the state of Kansas this year, does that mean I get to delay my payment until I can afford to pay? LOL! Seriously though, someone explain to me why money can't be transfered like Selibius is suggesting. The state workers need to be paid and it should be on the table here and now!
Can I send the State to collections for the money they owe me?
"Can I send the State to collections for the money they owe me?"
--------------------------------
Thats hilarious!
That's really bad! Hmmmmm
I will owe the State, too. I will not give them a dime until they pay out those they owe. I will also, not pay them a dime for penalty unless they do the same for those owed a refund. They can jail me if they do not like it!
Update to those that care. Thank you to all that came out to the skate park meeting. We had about 50 people there. There was good feedback from almost all involved and I appreciate it. Those who missed it missed one heck of a slide show showcasing that these kids do much more than push a board with their feet. The public is calling for an exhibition so we are trying to work out the details. I will keep everyone informed. We also recieved great reception from the city commission. We learned that the ordinance on skateboarding really has nothing to do with parking lots. I urge local business owners to call the police department and allow children to use these spaces if only after business hours. We are now working very hard with the city to figure out a great place for the park. Fund raising will still be key but they seem willing to a lot of land options. Again thank you all and thank you to the skaters. Steve Archer commented tonight that he has seen a major group of you carrying your boards in the no skate zone. My hat is off to you kids.
@ Jamie
In order for funds to be transferred (issue a certificate of indebtedness) Gov Sebelius needs approval from the state finance council which is majority led by republicans.
Depending on which side you listen to, one of two things are happening:
1 - Republicans are refusing to approve the certificates until Sebelius signs off on SB 23. SB 23 in part, cuts funding to schools and social programs like the Winfield Correctional unit. Although SB 23 passed in the Kansas House and Senate the bill hasn't reached the desk of Sebelius yet. She cannot sign something that she doesn't yet have.
2 - Republicans are saying that by approving the certificates of indebtedness they are violating state law because the debt cannot be repaid by the end of the fiscal year, unless SB 23 is signed.
This is a game of political chicken.
@ Lagonda
Do you happen to know how the city is paying for the services of CRC? Or who submits the debt claim to the insurance company? Is it CRC or the city?
I'm pretty certain it is CRC on behalf of the city.
If they collect on the accident victims in Ark City like they do elsewhere, they quote the City Ordinance as an official document to intimidate and harass the person into paying the bill. If that doesn't work, the standard collection letter threatens that they will take further action. Then the harassing phone calls start. Illegal collection practices.
The ACPD Chief was asked about a $600.00 bill and said he was unaware of it being so high and said he would have to talk to CRC about it. CRC is apparently in the driver's seat in pricing and billing, not the City.
The problem is that if the City is aware of the actions of CRC and they permit it to continue, then the City is just as liable for CRC's actions as CRC is.
The federal law provides for $1000.00 per occurrence of illegal collection practices whether the person pays or not.
So far that puts the City at over $55,000 at risk for collections of about $3500.
All anyone has to prove is that CRC on behalf of the City attempted to collect on a "debt" which was not owed. In other words, just present the collection letter. It's worth $1000.
Oh yeah, I forgot. You'll need a lawyer. Know any good ones?
If everyone went together, the legal fees might be very reasonable.
So, if anyone gets one of those threatening letters, don't throw it away. It might be worth keeping.
@Bytedaily...in other words, pure blackmail is what it sounds like to me.
@Lagonda...sounds like we already have a good lawyer, you. :)
@ Lagonda
Kansas statutes (60-636) provide for civil damage awards of $10,000 per violation, not per action, for any unconscionable act committed in an attempt to collect a debt.
If I received a letter from CRC, I would send one letter stating that this debt is noncollectable by certified mail, return receipt requested. Each letter you receive is a violation of FDCPA.
This scam is similar to collection agencies who have bought old debt from credit card companies which is time barred by the statute of limitations. They bank on consumers not being informed of their rights, so they threaten lawsuits or harass people into paying debts they legally do not owe.
Here is a lawsuit I found against CRC which will be helpful in citing violations if someone were to sue.
Beyond that however, I was researching whether this is a case of double taxation. I am glad the city is repealing this decision.
@ Jamie
It reads like blackmail to me at the expense of the state workers. It will be interesting to see how this plays out though.
Bah - The Kansas statute that I cited is 50-636, not 60-636.
Zack, I think an exhibition by the skateboarders would be a good idea, but without the skate park, where are they going to exhibit? Can't imagine people actually going out of town to watch.
We are thinking small scale. Meaning small equipment but it could still be very entertaining. I actually had a woman enter my store the other day that couldn't understand why the boarders jump into the air. I think this is a sport that the community will embrace once they see what some of these kids are capable of. Even with a few boxes and rails they can do quite a few tricks and one or two ramps and they can really show off. Anyone who does want to travel out of town give me a call up at the store and you can follow us any Sunday. I believe this week we are skating Winfields park and spectators are always welcome.
"This scam is similar to collection agencies who have bought old debt from credit card companies which is time barred by the statute of limitations."
Or how about the really creepy people who buy stale collections from hospitals.
There was one of those who used to manage the Wellington Airport a few years ago who was featured on a get-rich-quick (through aggressive collection) infomercial.
Their target wasn't accident victims, it was cancer and surgery patients.
Lower than low. Slimeballs all of them. Run them out of town.
@ 9:40
That is disturbing on many levels. I think we are going to see a lot more of these scams though. It is easy to prey on people when they are going through tough economic times. People jump at the chance to make a quick buck and/or to make debt go away and do not realize the ramifications of their actions. The system doesn't work like that!
State budget woes:
Governor's Letter to State Employees - Caution! This link is full of the Governor's spin!
What You Need to Know About the Kansas Budget Crisis
The governor has all the tools necessary TODAY to make payroll for state employees this Friday if she and the Department of Revenue decide to do so. She can do that by signing House Sub. for Sub. SB 23, (the bill is expected to be on her desk later today) or by issuing allotments by Executive Order.
What the Governor did yesterday was ask the legislature to break the law by illegally issuing certificates of indebtedness.
Rather then withholding tax refunds or paychecks from hard working Kansans, the Governor should simply use her power to make the allotments, consistent with House Sub. for Sub. SB 23, to cut state spending.
The Governor called a meeting of the State Finance Council to consider the issuance of a certificate of indebtedness. When it became apparent that the action of the State Finance Council would violate state law, the Governor agreed to postpone the meeting.
The Governor asked the Legislature to be complicit in breaking state law by approving certificates of indebtedness outside of the parameters set in statute. Kansas law requires the Director of the Budget to certify that money will be present at the end of the year to pay off certificates of indebtedness, and there is no evidence that will be the case.
Other Points of Interest
The Governor knew since November the state would face these cash flow issues but has refused to make allotments ahead of time. The Governor has sole power to call a State Finance Council Meeting and waited until the last minute to do so, rather then making the hard decisions.
We are already at an unprecedented amount of certificates of indebtedness ($550 million). The Governor wants to increase that to $775 million without having the money to pay it off.
The decision was made, by the Governor, to halt income tax refunds last week due to insufficient funds, and then asked for more indebtedness knowing full well that the revenues are not available to pay off that debt.
The State Finance Council cannot issue more certificates if the funds will not materialize by the end of the year. Without the revised 2009 budget bill, there is no way that they can legally issue a certificate knowing full well that the money will not be available to retire the debt.
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