Monday, January 30, 2012

Walker’s Budget: balanced or unbalanced?

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Just before New Year's Eve, without any press conferences or news releases, Walker's top lieutenant sent a letter to federal health secretary Kathleen Sebelius verifying that Wisconsin has a budget deficit through June 30, 2013.

He broke that campaign promise, big time. Using GAAP principles and his administration's own numbers, Walker's budget will have a $3 billion deficit by June 30, 2013. Our non-partisan legislative fiscal analysts, however, say Walker's budget is balanced based on the accounting principles our state laws require we use for budget purposes.

Click on the following to read the whole story:  http://www.huffingtonpost.com/jon-richards/scott-walker_b_1224849.html

Attention Landlords: Belvidere proposes new ordinance requiring registration of all landlords

The following ordinance is being proposed by the Belvidere City Council under its new Home Rule rights.

 

ARTICLE IX

RENTAL RESIDENTIAL PROPERTIES

22-900 PURPOSE AND AUTHORITY.

a. This Article is adopted under the City of Belvidere’s Home Rule Authority pursuant to Section 6 of Article 7 of the Constitution of the State of Illinois of 1970.

b. The City Council of the City of Belvidere specifically finds that, according to the 2010 Census, approximately 30% of all residential housing in the City of Belvidere is rental, non-owner occupied housing. The City Council further recognizes that rental housing represents a disproportionate share of the residential housing that has fallen into a state of disrepair within the City. Registration of landlords and enforcement of building and maintenance codes will assist tenants by ensuring a minimum level of habitability within structures while also protecting the property values of surrounding lots. This Article will also assist Landlords by providing additional mechanisms to manage tenants who do not maintain their properties or engage in illegal activities.

22-901. Definitions.

(a) Department shall mean the City of Belvidere Building Department.

(b) Landlord means any person, firm, partnership, association, corporation or other legal entity that owns, operates, maintains or offers for rent any rental residential property within the City. The term shall also include any beneficial owners of an Illinois Land trust holding such rental residential property as well as the trustees of any such trust or members of any such limited liability company

(c) Rental Unit or Unit means any residential structure or dwelling unit intended to be rented or leased for residential purposes including, but not limited to, non-owner occupied single family residences, townhomes and condominiums. In the case of multi-dwelling unit structures (including but not limited townhomes), each individual dwelling unit shall be considered a separate Unit. The Rental Unit or Unit shall include all exterior portions of each lot as well as all common areas.

(d) Tenant shall mean any person, firm, partnership, association, corporation or other legal entity that rents or leases a Unit from a Landlord for residential purposes. The term Tenant shall also include all those residing in a Unit whether or not they are actual signatories to a lease or rental agreement.

22-902. Registration Required.

(a) No Landlord shall rent, advertise for rent or offer for rent any Unit unless they hold a current and valid Registration Certificate (RC) issued by the Department in the name of the Landlord for the specific Unit. A separate Registration Certificate is required for each individual Unit. Further, no person shall occupy any Unit unless a valid and current Registration Certificate is in effect for that Unit.

(b) Every Owner of every lot upon which is located an occupied or vacant single family dwelling, multi-family dwelling or other structure, unless exempted under this Article, shall register each such lot and/or unit on forms to be provided by the Department. The Department shall issue a RC for each such lot and/or unit upon receipt of an application and the appropriate fee.

(c) It is unlawful for any tenant to reside in a Unit for which is not registered under this Article. It is also unlawful for a Landlord to allow a tenant to remain in any Unit without a valid RC.

(d) Each Unit shall be registered by the Landlord annually. Every Registration Certificate shall expire on April 30 regardless of the date of its issuance.

(e) Each Landlord shall maintain a copy of the rental certificate for each Unit and shall present it upon demand by any City employee or by any tenant or prospective tenant. The Landlord shall keep each Rental Certificate for period of three (3) years after the date it expires.

(f) Hotels, motels, hospitals, and units of local government or governmental agencies and owners who occupy singled family dwellings or duplexes are exempt from this Article.

22-903. Registration Certificate.

(a) Application for a Registration Certificate, and renewal of a Registration Certificate, shall be made on forms provided by the Department. No RC shall be issued unless the rental unit complies with all portions of the City of Belvidere Municipal Code, all City Ordinances and all laws of the State of Illinois. Any statements made by the Owner on such application shall be frima facia proof of the statement in any administrative or court proceeding instituted by the City. Every RC shall identify the total number of residents permitted in the Unit.

(b) No RC shall be issued or renewed until all sums owed the City of Belvidere by the Landlord or in relation to the Unit, including but not limited to, water fees, sewer fees, inspection fees, any fines or costs owed by the Landlord and license fees are paid in full. As set forth in Chapter 114 of the City Code, all water and sewer fees are ultimately the responsibility of the Landlord. The fact that the tenant of a Unit has established a water and sewer account in the tenant’s name shall not relieve the Landlord from the obligation of paying any water or sewer bill when due.

(c) If the Landlord is not a resident of the City, the Application must identify a resident of the City of Belvidere as a local Manager. The Landlord shall authorize the City to make all communications through the Manager and shall authorize the Manager to take any action necessary relating to the operation of the Unit and compliance with City Code. By designating a local Manager, the Landlord is designating the local Manager as his agent for purpose of receiving any and all notices of code violation concerning the Unit and all process in any court proceeding or administrative enforcement proceeding to enforce the City of Belvidere Municipal Code concerning the Unit. The Landlord may designate a Tenant as the local Manager.

22-904 Penalties and Remedies.

(a) Each day that a Unit is held or operated in violation of this Article shall constitute a separate offense.

(b) Any person, Landlord or Owner of any Unit, who violates this Article, shall in addition to any other lawful relief, be fined in accordance with Section 1-9 plus court costs and costs of prosecution, including but not limited to the City’s reasonable attorney’s fees.

(c) The provision of false or misleading information on any application for a Registration Certificate shall constitute an offense under this Article and the Landlord and/or other person providing such false or misleading information shall be fined not less than $500.00. It is an affirmative defense to this subsection that the false or misleading information was transmitted inadvertently and without intent to circumvent this Article or any other provision of the Municipal Code.

22-905 Tenant Information.

(a) Every written lease shall inform the tenant of the maximum number of inhabitants permitted in the Rental Unit pursuant to the City of Belvidere municipal Code.

(b) The Tenant shall certify in writing to the Landlord the name of every person that reside (living in the Unit as their primary residence for 15 days or more) in the Unit. The Landlord or local manager shall provide the Department with this information upon demand by the Department.

22-906 Tenants and Leases:

(a) No Unit shall be leased or rented to any person except by a written rental agreement or lease.

(b) Any Landlord or local Manager may utilize a crime free lease addendum within any written lease or utilize a clause similar to a crime free lease addendum. In the event, a Landlord or local Manger utilizes such a clause or addendum, it shall be separately initialed by the Tenant executing the written lease. An example of a crime free lease addendum shall be available, free of charge, from the Department. The purpose of the clause is to make certain criminal activity a material lease violation entitling the Landlord to initiate eviction proceedings under the Forcible Entry and Detainer Act (735 ILCS 5/9-101 et seq.)

22-907 Fees.

The annual fee for a Rental License shall be $25.00, per Unit. The fee is intended to defray the cost of administering this Article.

BCJ: Township Donations

The following is taken from the January 27, 2012 Boone County Journal which is available free of charge at merchants across the county and on-line at:  http://www.boonecountyjournal.com/news/2012/Boone-County-News-01-27-12.pdf#page=6

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General Assistance And Township Donations


By James Middleton


Since last September, the general assistance fund and how Belvidere Township makes donations have been items of interest. Letters to the Editor have appeared and Belvidere Township supervisor Patrick Murphy said in an
interview, “There has been a lot of misinformation about the township general assistance fund and how we can make
donations.”


The township general assistance fund is one element of Township operation that was discussed with Mr. Murphy and Terri Bullard, a township worker that manages the general
assistance fund. An interview occurred two weeks ago when these matters were discussed. Additional assistance was obtained from counsel for the Township, Keri-Lyn
Krafthefer of the law firm, Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer P.C. of Chicago.

 
Duties and activities vested with township government in Illinois are sanctioned by state law and found, in part, in the Illinois Compiled Statutes at the corporate powers of townships.


Belvidere Township came to public attention in
September when Linda Carter, the leader of the Boone County Food Pantry in Capron, appealed to the Township for financial assistance. Those that support the Food Pantry
believed because, so many obtaining food assistance came from Belvidere and Belvidere Township, the Food Pantry deserved to receive help.

 
However, Mr. Murphy said, “We can’t do just what we want with our money.” He said that Illinois law guides how donations can be made by a township and how money can emerge from the general assistance fund.

 
From September until the request for $5,000 was denied in late December, efforts were made by the Township Board  to obtain financial information from the Food Pantry. By
the December 27 meeting, the Board voted to deny the request. One reason given for the denial suggested that the Food Pantry did not have a specific means to segregate
money granted to them to serve only Belvidere and Belvidere Township clients. This is a common criticism of many agencies that solicit aid; the group asking for assistance does not provide a reasonable method to provide assurance that the money granted will serve those in need.

 
Ms. Bullard said, “We wanted an audited financial statement from the Food Pantry.” Their audited financial statement, dated June 30, 2010 by the accounting firm of Patrick Fowler & Associates, was received by the late
December Township meeting.

The auditor noted in a letter, “As discussed in Note 1, the Organization’s policy is to prepare its financial statements on the basis of cash receipts and disbursements. Consequently,
certain revenues are recognized when received rather than when earned and certain expenses are recognized when paid rather than when the obligation is incurred. Accordingly, the accompanying financial statements are not intended to  present financial positions and results of operations with generally accepted accounting principles.”

 
Some have criticized the Township for not granting funding to the Food Pantry from the general assistance fund. Others criticized the Township for filing levies at/or
in excess of $2 million and holding fund balances in their general assistance fund of more than $250,000. However,  Illinois law provides guidance that identifies qualifications
needed to receive aid from general assistance and how grants from Township revenues may occur.


Ms. Bullard explained, “General assistance money from the Township goes to help men and women in need and not for families.” She explained that some in need bypass Medicaid for medical coverage and come to the Township and could be liable for medical costs for a family. The Illinois Public Aid Code explains how and when a township
or other qualified governmental entity could be liable to pay for medical needs.


Funding for this type of help could not come from the general assistance fund. Medical funding for those in need would have to come from other areas of the Township budget. Ms. Bullard opined if the Township was met with
significant medical needs the effect could be devastating.

 
Illinois law at 305 ILCS 5/6-1 of the Illinois Public Aid Code at General Assistance provides for a number of methods a local governmental unit can dispense aid money. At the outset of this entry the language identifies, “Financial
aid in meeting basic maintenance requirements shall be given under this article to or in behalf of persons who meet the eligibility conditions of Sections 6-1.1 through 6-1.10.”
of “illness or disability.”

 
Ms. Bullard added, “Money for donations to the Food Pantry would not have come from the general assistance fund.”

 
Meeting the qualifications for assistance is a major element of concern for Ms. Bullard and Mr. Murphy. Because Mr. Murphy is the Belvidere Township supervisor  he has to approve all funding distributed from the general  assistance fund. Ms. Bullard meets with, interviews and cross-checks the applications from those seeking aid. Some
applicants are not truthful in their application and checking the multiple-page applications is a major part of Ms. Bullard’s job.


Mr. Murphy said he and Ms. Bullard are the only people at the township that know the names of applicants. “The trustees don’t know the names of the recipients and I am
ultimately responsible for the decision on general assistance. Terri obtains the information,” said Mr. Murphy.


One precise element of the law concerns drug convictions of those that apply. The law identifies at 305 ILCS 5/1- 10(a) that any person convicted of a Class X, a Class 1
felony or a comparable federal crime is not eligible for general assistance. Ms. Bullard added, “The law does not bar others but conviction of a Class X or Class 1 will deny
assistance.”


“We must do our due diligence to protect taxpayer revenue and the form is sizable,” said Mr. Murphy.


Belvidere Township administers general assistance needs for the other nine townships in Boone County. Individuals seeking aid in another township are referred to Belvidere.

Ms. Bullard said that the process is the same for all townships. She interviews the applicant, checks their application and informs the township if the person qualifies. The township then pays Belvidere Township for the aid that
is given.

If the applicant is asking for help with their rent, the township, if needed, can engage the landlord to negotiate a contract. After an agreement is reached, a check for rent
from the township goes to the landlord. In townships and in other counties, extended rental agreements are entered into
to help those is need, to avoid eviction.

 
Those that come to the township for aid do not need to have a local address. If they enter, apply and qualify they will receive assistance.


Participation in the general assistance program, Ms. Bullard said, encourages people to be employed. If the individual needs ongoing assistance they must provide
reports of their search for employment. In some townships,  those seeking ongoing aid can engage in community service, similar to what is offered those convicted of crimes as a part of their probation. In this instance, those receiving ongoing aid work for the township to provide a return for the aid they obtain.

One other question that arose last fall asked why
Belvidere Township provides a grant to the Salvation Army
and not to the Boone County Food Pantry. The answer
relates to the willingness of the entity to confirm the use of
grant money that they receive and also to engage in a formal
contract between the township and the entity to receive the
grant.

The money given to the Salvation Army goes direct to
their Belvidere office and money from that grant is only
used for specific purposes. Mr. Murphy said, the contract
with the Salvation Army specifies that the money stays in
Belvidere to help Belvidere people. He added, “Our check
goes to the Belvidere office and can only be used to pay for
utilities or other needs to assist the needy in Belvidere. The
Salvation Army has been a collaborative partner with us.”

One concern with the Food Pantry and other organizations
that ask for help is the assurance that the help they provide
will be for Belvidere and Belvidere Township residents
only. The extent of the Township jurisdiction extends across
the geographic area that they govern. It was the belief of
the Township Board that limited assurances covering who
received their help could not be granted by the Food Pantry
and that led to the decision to deny their request for aid.

Mr. Murphy was correct at the outset of the interview
when he said that there has been misinformation delivered
regarding how Belvidere Township operates their general
assistance fund and how they provide grants to those that
ask for help. Illinois state law is rather explicit regarding
how general assistance funding may be used. Further, there
is a potential obligation for ongoing or catastrophic medical
care for those that qualify.

Given required elements in the law, the policy of the
Township to maintain fund balances for those funds that
could be tapped for such needs are aspects of the operation
of the Township that many might not have known. Township
government in Illinois is the only branch of local governance
that specifically identifies an obligation to extend help to the
“poor and the aged.” Because of this mandated obligation
and given the economic conditions today, the policy of
Belvidere Township might be well taken.

Saturday, January 28, 2012

Beloit, Wisconsin: the next Ho-Chunk Casino

The following website is being advertised on many searches for Beloit sites.  Click on:  http://goodforbeloit.org/ to see for yourself

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Tax Foundation ranks Illinois a more favorable tax climate than Wisconsin

Illinois is ranked #28 (middle rank of 50 states+ versus Wisconsin’s #43 (8th worse state of 50 states)

 

The following is taken from:  http://taxfoundation.org/research/show/22658.html

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Thursday, January 26, 2012

Apple’s Blow out earnings have a huge cost

 

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In China, Human Costs Are Built Into an iPad

By CHARLES DUHIGG and DAVID BARBOZA
Published: January 25, 2012

In the last decade, Apple has become one of the mightiest, richest and most successful companies in the world, in part by mastering global manufacturing. Apple and its high-technology peers — as well as dozens of other American industries — have achieved a pace of innovation nearly unmatched in modern history.

However, the workers assembling iPhones, iPads and other devices often labor in harsh conditions, according to employees inside those plants, worker advocates and documents published by companies themselves. Problems are as varied as onerous work environments and serious — sometimes deadly — safety problems.

Read more by clicking on the following: http://www.nytimes.com/2012/01/26/business/ieconomy-apples-ipad-and-the-human-costs-for-workers-in-china.html?_r=1