Tuesday, October 18, 2016

DOE: Environmental review stopped after Shell withdraws applications for Anacortes project

Press release issued 10. 13. 16
http://www.ecy.wa.gov/news/2016/129.html
ANACORTES – Following Shell’s request to withdraw their permit applications, Skagit County and the Washington Department of Ecology have stopped their environmental review for the proposed crude-by-rail unloading facility in Anacortes.
Shell withdrew its permit applications following its public announcement last week that it will not move forward with the project.
As a result, Ecology and Skagit County have cancelled the comment period and hearings that were scheduled for the public to review and comment on the draft environmental impact statement.
Press release issued from Shell Oil company on Oct 6th:
Economic conditions no longer support permitting of rail unloading facility
ANACORTES, Wash. – Shell’s Puget Sound Refinery is suspending permitting of its planned crude-by-rail project. The current global crude oil market and the tight capital environment make this project non-economic at this time.
“When we look at current crude oil supplies, prices and markets globally, and the cost of the project, it just doesn’t make economic sense to move forward at this time,” said Shirley Yap, the refinery’s general manager. “We are committed to investing in this facility and there will be other ways to do that.”
The refinery receives its crude oil now via tankers that unload at its dock, and via a pipeline that serves Canadian oil fields. Shell had sought the rail project so that it could tap new supplies of crude oil in the Midwest that are not served by pipelines. However, low oil prices and abundant production elsewhere have slowed production in the Midwest and made other sources of crude more viable.
“We are confident with current crudes now available that we can continue supplying the refinery,” Yap said. “The Puget Sound Refinery will continue to produce the fuels that power life in the Pacific Northwest.”
A draft Environmental Impact Statement was released by Skagit County and the Washington Department of Ecology on October 4th laying out proposed conditions for building the project. Shell supports the environmental review process and our preliminary assessment of the proposed conditions is that they would be achievable and feasible, and it remains confident that the project could be built and operated in a way that protects our employees, our community and the environment.
“We would like to thank Skagit County and the Department of Ecology for their diligence and professionalism in this EIS process. We also want to thank the Corps of Engineers and other agencies for their work on other permits, as well as our project team who worked so diligently to design a safe and modern rail facility to co-exist with the natural environment we all cherish.” Yap said. “Of course, thank you also to our partners in the community whose feedback made this a better project as we went through the process.”
The Puget Sound Refinery produces roughly 25 percent of Pacific Northwest’s fuel. It is among the largest employers in Skagit County, with more than 700 employees and contractors. It is also the county’s largest taxpayer.
Ref. http://www.shell.us/about-us/projects-and-locations/puget-sound-refinery/puget-sound-refinery-news-events/crude-by-rail-project-suspended.html

Editorial Comment: You can chalk another one up for the DOE for botching up job opportunities in Washington State readers!

Monday, October 17, 2016

State Agencies are Bringing the Farm to School!---USDA BLOG

Editorial note: This article is from the USDA blog page.

From organizing statewide conferences, to training farmers and child nutrition professionals, to developing farm to school curricula and resources, state agencies are playing a big role in bringing the farm to school. This fact sheet describes effective strategies state agencies are using to help community food systems take root. Here’s a sampling of three ways state agencies are making an impact.

1. Coordinate Statewide Networking and Goal Setting
State agencies are strategic stakeholders in farm to school initiatives as they offer vital connections to the many groups and organizations engaging in food systems across the state. By facilitating a collective vision, coordinating statewide goal setting and strategic planning, and tracking state progress, agencies understand the wide breadth of activities and partnerships and can identify stakeholders who are not yet at the table or part of networks.
The South Carolina Department of Agriculture established a partnership between GrowFood Carolina and the South Carolina Department of Education to develop local food procurement resources for a pilot “farm to freezer” project. Thanks to the partnership, frozen blueberries are now available for schools beyond the traditional growing season.

2. Host Local and Statewide Trainings
State agencies identify needs among stakeholder groups and host statewide conferences and events. Training events can include a wide variety of audiences including educators, farmers and producers, school nutrition professionals and non-profit and cooperative extension professionals. Trainings often focus on delivering technical assistance to help schools purchase local foods; build and maintain school gardens; and integrate agriculture, nutrition and health education into school curricula.
In Nevada, the Department of Agriculture provided Good Agricultural Practices (GAP) training and on-site group mock audit demonstrations for schools and farmers, ensuring both groups understood the certification process. In 2015, the Minnesota Department of Agriculture delivered 15 on-site workshops on maintaining and connecting school gardens to curriculum standards. State agencies such as the Washington State Department of Agriculture and the Wyoming Department of Education have also hosted regional and statewide conferences to engage new stakeholders and provide technical assistance on supply chain connections and procurement.

3. Develop and Share Resource Materials
State agencies develop resources such as state procurement guides, farm to school curricula, school garden guidance and local food promotional materials. In Alabama, the Department of Agriculture and Industries and the State Department of Education partnered with other organizations to develop a farm to school website that surveys farmers and enables schools to find farmers who match their procurement needs.
State agencies also create websites or devote portions of their websites to disseminate farm to school related resources and information. For instance, West Virginia’s Departments of Agriculture and Education collaborated with partners to create the Grow.Educate.Sell website that connects farm to school practitioners across the state.
Dig in!
Since 2013, the USDA Farm to School Grant Program has funded 36 state agencies in 25 states and the U.S. Virgin Islands with nearly two million dollars to expand statewide initiatives including training and technical assistance, increasing capacity for incorporating local foods into school meals and connecting school gardens and culinary activities to classroom curricula. In September, USDA began accepting applications for Fiscal Year 2017 Farm to School Grant Funding. State agencies are eligible to apply for training and support service grants and USDA strongly encourages state agencies to apply. Applications are due December 8, 2016.
Ref. http://blogs.usda.gov/2016/10/17/state-agencies-are-bringing-the-farm-to-school/

For more business and finance reports click here


News Notebook:
Social Security 2017 raise: $3 more a month?---USA TODAY
Social Security & Disability benefit checks. Those people counting on their Social Security checks are likely to see them rise by just a few dollars per month — $3 if there's a 0.2% increase and $7 at 0.5% — for retired workers getting an average benefit of $1,341.


Saturday, October 15, 2016

CITY ATTORNEY TO ISSUE HIS OPINION ON MEETING RULES TUESDAY

Editorial Comment: Though this is another byproduct of the Feb. 2nd meeting, the city will discuss attendance rules of conduct during meetings. In other words the audience will have to mine their peas and cues during meetings, by the tone of the rules being brought to the council Tuesday night, which is billed as "discussion" only item in their agenda.
According to the staff memo in their packet on Tuesday's meeting, the new rules proposed which was written by the attorney Bill Bloor: " Any person disrupting the business of the Council, either while addressing the Council or attending its meetings, shall be asked to cease such disruption.
For clarification, disruption of a City Council meeting does not require behavior that constitutes a breach of the peace, although a breach of the peace would constitute a disruption of a City Council meeting. Rather, disruption of a City Council meeting is any behavior that interrupts the Council meeting or prevents the Council from accomplishing its business in a reasonably efficient manner. For purposes of illustration only, such disruption may include, but is not limited to:
 irrelevant or repetitious speech
 continuing to speak after the allotted time has expired
 audience demonstrations such as booing, display of signs, or any other conduct that
disrupts the Council proceedings
 continuing to speak after being ruled out of order by the presiding officer
 other speech or behavior that disrupts the orderly conduct of the Council meeting.
He also gave this opinion in the memo: ' The question raised was whether this provision – in so far as it applies to: 1) irrelevant speech; 2) repetitious speech; 3) profanity1 ; and 4) signs in chambers – is an invalid limitation on speech.
In my opinion it is not an invalid limitation. The reason is that these four examples are not prohibited per se. They are only examples of conduct that might cause an actual disruption of a Council meeting. It is equally possible that such conduct might not cause an actual disruption of a Council meeting. Only when the conduct does cause an actual disruption of a Council meeting can the conduct be prohibited.
Limited Public Forum
To answer the question more fully, it will be helpful to review of some basic principles that were cited several months ago during the discussions of proposed changes to the Rules of Procedure.
One of the key principles in analyzing free speech issues is the location. The amount of protection afforded to speech varies depending on the location.
Courts recognize that some locations are considered to be “traditional public forums.” Examples of traditional public forums are parks and sidewalks. Signs and other types of speech presented in traditional public forums are entitled to the greatest protections of freedom of speech. Apart from traditional public forums, the courts recognize that other locations may be categorized as "designated public forums" or "limited public forums." In terms of hierarchy, traditional public forums are given the most protection. Less protection is given to speech in designated forums, and the least to limited public forums.
City Hall and Council Chamber are “limited public forums.” City Hall being so classified is not new or unique about Port Angeles. So far as I am aware, Port Angeles City Hall always has been considered a limited public forum. And most, if not all, city halls in the state fall under the limited public forum designation. Other examples of limited public forums are schools, post offices, and airport terminal areas.

 In these limited forums, the type and manner of speech can be prohibited or limited. So in fact, as a legal matter, the public does not have a First Amendment right to speak during a council meeting. Nonetheless, almost all city councils do allow some public comment.
They rightly consider such things as public policy, community relations, open government, and similar ideals of public process. And on those bases, most city councils allow public comment as a regular part of their meetings, but the extent of public comment is subject to limitation. As examples, many cities limit comment to topics on the agenda; give preference to city residents; and almost all impose time limits on the individual speaker, on the total time allotted for public comment. In summary, 1) citizens do not have a legal right to speak at a City Council meeting; 2) most Councils do extend an opportunity for public comment at council meetings; and 3) the opportunity to speak at a council meeting is almost always subject to limitation. Signs are speech, and the same rules are true for signs. Signs on the sidewalk outside city hall are located in a traditional public forum and are given the greatest protections of free speech. In contrast, signs inside city hall can be prohibited or regulated, and they routinely are.

Limitation on Conduct
Expressive conduct can be restricted in a limited public forum to maintain order in a proceeding
and prevent disruption of the Council meeting. Beginning in April, Council did spend a considerable amount of time discussing what parameters to place on public comment periods. The legal analysis presented at that time demonstrated that the courts were fairly consistent. In summary, courts generally rule that City Councils may not censor particular ideas or particular words. Council may only prohibit conduct that actually disrupts a meeting. Particular words might actually disrupt a City Council meeting, but they might not. If the speech actually produces a disruption of a meeting, the Council can prohibit the disruption. However, if the words do not cause an actual disruption, the Council may not prohibit them. To this general rule, there are a few exceptions – fighting words, for example – but the exceptions are narrow.
The City Council Rules of Procedure contain examples of activities that could possibly result in the actual disruption of a City Council meeting. “[I]rrelevant or repetitious speech” are specific illustrations drawn from court case. “[A]udience demonstrations such as booing, display of signs, or any other conduct that disrupts the Council proceedings” is a slight variation of the provision that was recommended in April. It was included in a draft distributed to the City Council on April 22, and it was discussed at a Council work session on April 26. The April 22 draft was a revision of the first full revision prepared by Councilmember Collins earlier in April. Although Council has discussed this provision in detail since April 26, only a few changes to this provision, not relevant here, have been made since then.
The activities referenced in the Rules of Procedure are for illustration only. If they produce a disruption, those activities can be controlled or prohibited. However, in a different context those same activities might not produce a disruption. If they do not produce an actual disruption, and if they are intended as speech or communication, they cannot be prohibited. Only actual disruptions of City Council meetings are prohibited under the Rules.

Signs in Council Chambers
Another question was raised about the Rules’ treatment of signs. Prior to the April 26 Council work session, Council requested sample language from other cities addressing signs in Council Chambers. As to this, there are few examples. The Legal Department reviewed the rules of procedure of approximately 50 code cities (a fair representation of the 194 code cities). Of the cities, some have not adopted local rules of procedure. Of those that have adopted rules of procedure, the majority do not say anything about signs in Council Chambers. Of those cities that do address signs, most simply prohibit them. Only one Washington city was found allows signs subject to conditions. That is Bothell. The provision from Bothell’s Rules of Procedure reads:
Signs will be allowed in the meeting by the presiding officer so long as they are limited in size to 11 x 17 inches and are not displayed or otherwise employed in a manner that disturbs or threatens others as determined by the presiding officer. All signs, placards or other forms of public display type written comment must be composed of soft, collapsible materials with no protrusions or hard mountings. Any person bearing a sign or other form of public display type written comment that violates the provisions of this section will be required to remove such sign from the meeting chambers and may themselves be barred from the meeting if they become disruptive by refusing to remove such signs.
This information was provided to Council, and it was discussed in detail at the April 26 Council work session. However, Council elected not to adopt any language within the Rules of Procedure that would specifically prohibit or regulate signs in Council Chambers. This leaves Council in the same position as before. The Presiding Officer or the Council may prohibit or regulate signs at its discretion.
Conclusion
In my opinion, the Rules of Procedure do not violate constitutionally protected speech. The reason is that the Rules do not limit speech; they limit conduct that disrupts a Council meeting. The examples referenced within the Rules of Procedure (i.e. irrelevant speech, repetitious speech, and display of signs) are intended only to be illustrations of conduct that could potentially lead to a disruption of a meeting. However, the same conduct, if it does not lead to disruption of a Council meeting, it cannot be prohibited. The Rules do not prohibit particular words or thoughts; the Rules prohibit conduct that actually disrupts a City Council meeting. That prohibition is valid. "---Bill Bloor City Attorney
Cases and citations:
Reza v. Pearce, 806 F.3d 497, 503 (9th Cir. 2015).
Acosta v. City of Costa Mesa, 718 F.3d 800, 811 (9th Cir. 2013).
Norse v. City of Santa Cruz, 629 F.3d 966, 976 (9th Cir.2010) (en banc).
Kindt v. Santa Monica Rent Control Bd., 67 F.3d 266 (9th Cir. 1995).
White v. City of Norwalk, 900 F.2d 1421, 1425-26 (9th Cir. 1990).
Ref. http://wa-portangeles.civicplus.com/DocumentCenter/View/3401

Editorial note: Well, there you have it readers, the new proposed meeting rules for we voters who elect these folks into office to fallow during public meetings. Remember where this all started, way back in Feb. 2 during that circus of a meeting that lead to ethics complaints, and reviewing the ordinance regarding audience conduct. Which this is. This all stemming from the root cause of four councilmembers deciding to ignore the will of the majority of citizen taking part in that straw poll to stop adding fluoridation. Remember this is being billed as just discussion, it would be interesting if some on the council will move to take action on this. Plus, note the timing of this on the agenda, toward the end of the meeting under "information" just before the final open comment session of the evening. It will also be interesting if any council members will move to bring this discussion sooner then what it's slated for at the tail end of the meeting, when probably half of those attending may skip out early during the meeting. As you know Council member Whetham often spoke about his objections of banning signs in the chambers, one of the issues raised after the Feb. 2nd meeting when it was reported that the Deputy Mayor, Cherie Kidd made moves to ban signs in the chamber at the last minute. It will be interesting to see if Whetham will hold his stand on against posing any bans on signs in the chamber. In essence readers you should feel lucky you are even allowed to talk during public meetings...how about that!


Click here for more local news, and commentary


Friday, October 14, 2016

PORT MAKES UP FOR CANCELED MEETING LAST MONDAY, CALLS FOR SPECIAL MEETING THIS COMING MONDAY.

DURING THEIR SPECIAL MEETING ON MONDAY, PORT SET TO ACCEPT COMPOSITE RECYCLING TECHNOLOGY CENTER –ROGNLIN’S, INC. CONTRACT 

Editorial Comment: The Port is billing this meeting as a special meeting since they canceled their first regular meeting on Monday due to scheduling issues, but managed to do a telephone meeting on last Friday to decide on the Masco Maritime contract which was reported on in the Peninsula Daily News earlier this week: Port of Port Angeles keeps Masco Maritime as managers of boat haven, yard The area formerly operated by Port Angeles Marine has been under Masco’s management since Feb. 29.----PDN

Apparently to make up for cancelling their regular meeting on Monday, this coming meeting is going to be a special meeting and the highlight item is about the contract with CRTC; according to the staff report in the agenda packet of the Port: BACKGROUND: The Composite Recycling Technology Center is located in the Port’s Composite Manufacturing Campus. The exterior shell was originally constructed in 2011 – 2012 at the same time as the 2230 building. The project completed the interior of the building and added exterior freezers and a loading dock.
The bid documents were completed under a consultant agreement with Carletti Architects. The bid documents included the base bid and four (4) alternates to allow the Port to have flexibility in prioritizing capital investments to stay within budget. The alternates were:
1. Apply Polished Concrete Finish to Floors in Laboratory and Manufacturing Space.
2. Install Solar Thermal Hot Water System.
3. Install 50KW Photovoltaic System.
4. Install additional 30KW Photovoltaic System The project was bid last November and the Commission approved a contract with Rognlin’s Inc., including all four (4) alternates, for $4,052,000 plus applicable Washington State Sales Tax.
ANALYSIS:
Rognlin’s Inc. mobilized to the site and began construction just after the first of the year and are now complete with the project. A temporary certificate of occupancy was granted by the City of Port Angeles Building Department on June 29th, just prior to the July 1st Memorandum of Understanding Signing Event, but there were still a number of loose ends to complete. The final Certificate of Occupancy was granted on August 18th. The Composite Recycling Technology Center is operational and Fall Quarter is under way for Peninsula College.
The project was completed with only a 2.3% increase from the original bid amount thanks to an excellent design and construction team. The major players in the successful completion of the project include: Carletti Architects (Architect - Lead), Rice Group (Mechanical Engineer), DCI Engineers (Structural Engineer), Zenovic & Associates (Civil Engineer), K-Engineers (Electrical Engineer), Northwestern Territories (Testing and Inspection), Rognlin’s, Inc. (General Contractor), Schmitt Sheet Metal (HVAC Contractor), Bratonia (Mechanical & Plumbing Contractor) and VECA (Electrical Contractor).
ENVIRONMENTAL IMPACT:
An 80 KW photovoltaic and solar thermal hot water systems were installed to help offset energy consumption from manufacturing.
FISCAL IMPACT: The construction cost to complete the facility will be mostly covered by outside grant funding. The Port has received $2M from the United States Economic Development Administration, $1M from the Washington State Clean Energy Fund and $1M from the Clallam County Opportunity Fund for a total of $4M in outside funding. There is $300K allocated in the Port Capital Projects Budget to pay for non-grant eligible costs such as construction management, testing and inspection services and construction costs in excess of $4M. Below summarizes the original contract and five (5) change orders:
Original contract = $ 4,052,000.00
Change Order 01 = $ 9,923.87
Change Order 02 = $ 10,380.19
Change Order 03 = $ 30,043.10
Change Order 04 = $ 6,271.35
Change Order 05 = $ 37,622.39
 Total = $4,146,240.90 plus applicable Washington State Sales Tax
RECOMMENDED ACTION:
Staff recommends the Commission accept the project as complete with Rognlin’s, Inc. in the Final Amount of Four Million One Hundred Forty-Six Thousand Two Hundred Forty Dollars and Ninety Cents ($4,146,240.90). The Commissions acceptance of the project as complete will start a 45-day waiting period before the Port can release Rognlin’s, Inc. retainage, performance and payment bonds.
See complete agenda for more details
http://www.portofpa.com/AgendaCenter/ViewFile/Agenda/10172016-192

Editorial note: I think this is a positive step toward economic rebirth to this town, hopefully this will translate into much needed employment for the area. What is needed are more industrial related businesses coming into the community to replace what we lost in timber, and fishing trade.

For more local news and Commentary click here

Thursday, October 13, 2016

Cantwell Accepts Legislator of the Year Award, Outlines Key Priorities for Waterways Opportunities, Economic Development

Cantwell: “Everywhere from right here in Vancouver, to the outskirts of Spokane, to some of our smallest communities, everyone gets how interdependent and dependent we are on our waterways.”

From a press release issued 10.12.16
VANCOUVER, WA – Today, the Pacific Northwest Waterways Association honored U.S. Senator Maria Cantwell (D-WA) as their “Legislator of the Year” for her commitment to navigation, freight mobility and economic development in the Pacific Northwest. In particular, the Association lauded Cantwell’s accomplishments on harbor and port infrastructure improvements and freight transportation.
In her address to the conference, the Senator highlighted recent successes that will be felt locally in communities that depend on their waterways like Ilwaco, Seattle, Chinook, and Tukwila. She also thanked the association for their partnership on critical issues to the region.
Cantwell noted that despite recent achievements there is still much to be done to unlock the full potential of the region’s waterways. Maintaining a competitive advantage in trade, further investment in salmon restoration and icebreaking capacity, and modernizing the Columbia River Treaty were all areas the Senator identified as crucial priorities for the Pacific Northwest.
“It truly is an honor because so many of you put your heart and soul into these efforts and you want to see good results. I am so happy to have worked with you on the freight act,” said Cantwell. “We are a trading region and we want to continue that but we need to continue it in the right, safe and secure way.”
“We are so pleased to honor Senator Cantwell as our 2016 Legislator of the Year,” stated Kristin Meira, Executive Director of the Pacific Northwest Waterways Association. “She has been a longtime partner and an outstanding champion for navigation and economic development in our region. We applaud and appreciate her work to support freight transportation and infrastructure, and economic development throughout the Northwest and the nation.”
Senator Cantwell’s record reflects her belief that the Pacific Northwest’s waterways are crucial for the region’s growth.  Last week, after years of working closely with the State Department and local stakeholders, she announced that the U.S. was finally prepared to begin negotiations to modernize the Columbia River Treaty.
In September, the Senator worked with her colleagues from the Pacific Northwest to push for two waterways-focused provisions to be included in the Water Resources Development Act (WRDA), which successfully passed the Senate. The provisions would help American harbors stay competitive internationally and boost salmon recovery.
Last year, a Cantwell championed the Nationally Significant Freight and Highway Project Program as part of the FAST Act. The program recently brought $50 million to Washington State to support projects in Seattle and Tukwila. Oregon’s Coos Bay Rail Line also received $11 million as part of the project.
Pacific Northwest Waterways Association (PNWA) is a non-profit trade association that advocates for federal policies and funding in support of regional economic development. PNWA is a collaboration of ports, businesses, public agencies and individuals who combine their economic and political strength in support of navigation, energy, trade and economic development throughout the Pacific Northwest.
ref. https://www.cantwell.senate.gov/news/press-releases/cantwell-accepts-legislator-of-the-year-award-outlines-key-priorities-for-waterways-opportunities-economic-development

For more State related news click here...

NEWS NOTEBOOK
SEATTLE TIMES: Forest trust lands help fund schools, fuel rural economy
Our state forest trust land system is an integral part of the past and future success of all of Washington---By Jim McEntire

Wednesday, October 12, 2016

FROM THE WA. AG: JUDGE RULES 5-HOUR ENERGY® VIOLATED CONSUMER PROTECTION ACT

Oct 10 2016
Company used thousands of deceptive ads to mislead consumers
SEATTLE — The makers of 5-hour ENERGY® violated the state’s Consumer Protection Act by making claims in thousands of ads that were not backed by scientific evidence, according to a ruling filed in King County Superior Court today.
After a three week trial that ended in early September, King County Superior Court Judge Beth Andrus agreed with Attorney General Bob Ferguson that advertising campaigns and press releases by the companies that produce 5-hour ENERGY® — Living Essentials LLC and Innovation Ventures LLC — were misleading.
Judge Andrus issued her 59-page ruling after the court closed on Friday. Her ruling was officially entered into the court record today.
Ferguson filed the lawsuit in July of 2014 against the makers of 5-hour ENERGY®, a popular flavored energy shot sold in 1.93 oz. containers. The Attorney General’s Office alleged they deceived consumers with ads claiming that doctors recommend 5-hour ENERGY®; that the product is superior to coffee because its “energy blend” interacts in a “synergistic” way with caffeine to make the energy and alertness associated with caffeine last longer; and that Decaf 5-hour ENERGY® provides consumers with energy, alertness and focus that lasts for hours.
“The makers of 5-hour ENERGY® misled consumers in pursuit of profit,” Ferguson said. “They broke the law, and they will be held accountable for their deception.”
One ad campaign implied that doctors recommend the product based on survey data. The judge agreed that 5-hour ENERGY®’s “Ask Your Doctor” campaign inappropriately combined two separate surveys — one done online, and one by paper with very different survey methodology. The results of those surveys did not support the ads’ impression that 73 percent of doctors in both surveys recommended 5-hour ENERGY®, the judge ruled.
Further, the judge agreed with an expert who testified for the Attorney General’s Office that the surveys were based on biased questions designed to solicit positive responses for the energy drink.
Ferguson also challenged claims that 5-hour ENERGY® was superior to coffee because of the “synergistic” interaction of caffeine and the energy drink’s other ingredients. Judge Andrus agreed that the claims were not backed by scientific evidence.
Judge Andrus wrote: “None of the studies Living Essentials submitted to the Court support the claim that combining specific B vitamins, taurine, choline, glucuronolactone and tyrosine with caffeine will cause the energy, alertness and focus effects of caffeine to last longer than if the caffeine were consumed alone.”
Judge Andrus also agreed Defendants’ claims that decaffeinated 5-hour ENERGY® offered similar effects to the product’s caffeinated version lacked “competent and reliable scientific evidence.”
Judge Andrus sided with the makers of the product that there is scientific evidence to support that the non-caffeine ingredients in 5-hour ENERGY® themselves may support energy and alertness. She also found that the companies didn’t violate the Consumer Protection Act with the claim that the product doesn’t produce a “crash.”
Judge Andrus will determine the penalties and other remedies in the case at a future date.
Lisa Erwin and Trisha McArdle, both senior counsel with the Attorney General’s Office, and Assistant Attorneys General Daniel Davies and Kimberlee Gunning handled the case.
REF: http://www.atg.wa.gov/news/news-releases/judge-rules-5-hour-energy-violated-consumer-protection-act

For more law & justice, and advocacy news click here


News Notebook: Body found in water in Port Hadlock area Jefferson County Sheriff’s Department investigating after man is spotted offshore.---PDN 


Tuesday, October 11, 2016

OBAMA PITCHES FOR CLINTON IN SPEECH...MEANING 4 MORE YEARS OF OBAMA!!!

The White House: Remarks by the President at DCCC Luncheon

Quote: We have made unbelievable progress over the last eight years: Taking an economy that was in a tailspin and cutting the unemployment rate in half; creating jobs for 72 consecutive months; reducing poverty by the largest percentage since 1968; seeing wages increase by the largest percentage ever recorded over the last year; providing 20 million people with health insurance that didn't have it before; locking in a climate change plan that has actually reduced our greenhouse emissions, even as the economy has grown and mobilizing 200 nations to join us in that effort.
None of this I could have done had it not been for the partnership with the Democrats in the House of Representatives. A lot of the work that we got done that saved the economy and put us on a clean energy track and ensured that health care got done was in those first two years when we had the Democratic majority. It was when we had a Democratic majority that we were able to significantly expand the help that we provide young people going to college, increasing the levels of Pell grants, making sure that we had a Consumer Finance Protection Bureau that is looking after consumers. A whole range of the initiatives around Wall Street reform that has made our financial system more stable. We could not have done that unless we had courageous, thoughtful members of Congress in partnership with me.
Now, I'm confident that we will have an incredibly capable Democratic successor in the White House by the name of Hillary Rodham Clinton. (Applause.) And when I say I'm confident, I'm not overconfident. (Laughter.) So we've still got a lot of work to do and nobody knows that more than she does. But even if we're able to maintain the White House, the ability of Hillary to build on the legacy that we’ve established these past eight years is going to depend on, ultimately, what happens in the House, as well as our ability to take back the Senate.---President Obama
Read full statement: https://www.whitehouse.gov/the-press-office/2016/10/07/remarks-president-dccc-luncheon

In other White House press releases:

Weekly Address: Continuing to Strengthen the Middle Class
https://www.whitehouse.gov/the-press-office/2016/10/08/weekly-address-continuing-strengthen-middle-class
Quote: " Strengthening benefits at work helps, too. Last week, for example, I took action to make sure up to one million more workers can earn seven days of paid sick leave on the job. We’re also helping states expand opportunities for workers to save for retirement. But there’s a lot more we should do to strengthen the middle class and help more Americans get ahead. Making childcare more affordable, for example. Making sure women earn equal pay for equal work. Guaranteeing paid family and sick leave. Increasing the federal minimum wage. Preparing workers for the jobs of the future. And closing tax loopholes that benefit just the wealthy and big corporations. " ---President Obama


Remarks by the President on the Paris Agreement
Quote: " Ten months ago, in Paris, I said before the world that we needed a strong global agreement to reduce carbon pollution and to set the world on a low-carbon course.  The result was the Paris Agreement.  Last month, the United States and China -- the world’s two largest economies and largest emitters -- formally joined that agreement together.  And today, the world has officially crossed the threshold for the Paris Agreement to take effect. " ---President Obama
https://www.whitehouse.gov/the-press-office/2016/10/05/remarks-president-paris-agreement

FACT SHEET: Let Girls Learn – A Comprehensive Investment in Adolescent Girls Education
“The single best indicator of whether a nation will succeed is how it treats its women. When women have health care and women have education, families are stronger, communities are more prosperous, children do better in school, nations are more prosperous.... If you want your country to grow and succeed, you have to empower your women."
 President Barack Obama (July 28, 2015)
https://www.whitehouse.gov/the-press-office/2016/10/11/fact-sheet-let-girls-learn-comprehensive-investment-adolescent-girls


For more World and National news click here...


Editorial note: Can this nation really afford another four years of Obama's failed policies under Hillary?



NEWS NOTEBOOK

** COMMISSION MEMBERS WILL BE PHONING IN FOR MEETING**
Port to hold telephone meeting on October 12th, canceling out the second Port Commission meeting this month, but instead calling for two special meetings, during this month. So, their next regular meeting won't be until November. The topic of the meeting which will be a call in meeting the decision regarding Agent Agreement and Marina Lease.
See agenda: http://www.portofpa.com/AgendaCenter/ViewFile/Agenda/10122016-190

Monday, October 10, 2016

JOHNSON ONCE AGAIN ON THE BENCH WHILE THE OTHER CANDIDATES GET'S SPOTLIGHT

STATEMENT FROM GOV. GARY JOHNSON REACTING TO TONIGHT’S PRESIDENTIAL DEBATE

"When Donald Trump holds a press conference an hour and a half before the debate begins with the intent of deflecting attention from his own misogyny by trying to convince us the Clintons are worse, we probably knew everything we needed to know about this debate, and more important, this campaign.
We have fallen through the looking glass. Thanks to two candidates who are each running on a platform of not being the other, we are in historically uninspiring territory.
Yes, thanks to some great questions from the audience, there were a few brief discussions of issues. I even heard some things from each of them with which I agreed. But the bigger question hanging over the entire debate is whether either of these candidates can be believed. We heard predictable answers, incessant attacks and, sadly, no indications of leadership. Without any confidence that a President will have the integrity, character and principles to actually put the nation first, the rehearsed sound bites don’t mean very much.
Americans deserve better. They deserve candidates who are not embarrassments, who aren’t interested in pitting Americans against one another, and who have actually proven that they can lead with principle, nonpartisanship, and a singular purpose of giving Americans the opportunity to improve their lives, be safe, and be free.
That’s why Bill Weld and I are running, and why Americans deserve a chance to see the very different approach we take to governing."
REF: https://www.johnsonweld.com/statement_from_gov_gary_johnson_reacting_to_tonight_s_presidential_debate_10_9

In case you missed it the second presidential debate, once again featuring the two main party candidates...still, Johnson was forced to issue the above statement.
https://www.youtube.com/watch?v=TxhERjENFt8

Media badger treatment of Trump while sloft balling Clintion:

Pushy Martha Raddatz Spars With Trump Over Media Bias ---News Busters

NBC, ABC Interrogate Clinton Accuser: Aren’t You Just a Trump ‘Prop’?---News Busters

MRC’s Brent Bozell Slams Raddatz’s ‘Utter Contempt’ for Trump, NBC for Sitting on Trump Tape---News Busters

Giving up on Trump? Ryan focusing on saving GOP majority. (AP)

AP FACT CHECK: Trump, Clinton and their debate claims (AP)

Trump threatens jail time, Clinton says rival's campaign is 'exploding' (REU)

The debate takeaway? We need a new way to vet presidential nominees (REU)

Saturday, October 8, 2016

A HASTILY CALLED MEETING BY THE PORT DID IT VIOLATED PUBLIC MEETINGS ACT? (UPDATED)

A meeting other than the 9:30AM Timber committee meeting was held on Friday afternoon, that wasn't picked up or announced in the local press... Seemed fishy to me.

To help answer that question let's turn the the RCW code 42.30.80: Agendas of regular meetings—Online availability.
Public agencies with governing bodies must make the agenda of each regular meeting of the governing body available online no later than twenty-four hours in advance of the published start time of the meeting. An agency subject to provisions of this section is not required to post an agenda if it does not have a web site or if it employs fewer than ten full-time equivalent employees. Nothing in this section prohibits subsequent modifications to agendas nor invalidates any otherwise legal action taken at a meeting where the agenda was not posted in accordance with this section. Nothing in this section modifies notice requirements or shall be construed as establishing that a public body or agency's online posting of an agenda as required by this section is sufficient notice to satisfy public notice requirements established under other laws. Failure to post an agenda in accordance with this section shall not provide a basis for awarding attorney fees under RCW 42.30.120 or commencing an action for mandamus or injunction under RCW 42.30.130.
[ 2014 c 61 § 2.]
NOTES:
Intent—Finding—2014 c 61: "The legislature intends to promote transparency in government and strengthen the Washington's open public meetings act. The legislature finds that it is in the best interest of citizens for public agencies with governing bodies to post meeting agendas on web sites before meetings. Full public review and inspection of meeting agendas will promote a greater exchange of information so the public can provide meaningful input related to government decisions." [ 2014 c 61 § 1.]

I looked under the RCW regarding special meetings:
RCW 42.30.080
Special meetings.
(1) A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering written notice personally, by mail, by fax, or by electronic mail to each member of the governing body. Written notice shall be deemed waived in the following circumstances:
(a) A member submits a written waiver of notice with the clerk or secretary of the governing body at or prior to the time the meeting convenes. A written waiver may be given by telegram, fax, or electronic mail; or
(b) A member is actually present at the time the meeting convenes.
(2) Notice of a special meeting called under subsection (1) of this section shall be:
(a) Delivered to each local newspaper of general circulation and local radio or television station that has on file with the governing body a written request to be notified of such special meeting or of all special meetings;
(b) Posted on the agency's web site. An agency is not required to post a special meeting notice on its web site if it (i) does not have a web site; (ii) employs fewer than ten full-time equivalent employees; or (iii) does not employ personnel whose duty, as defined by a job description or existing contract, is to maintain or update the web site; and
(c) Prominently displayed at the main entrance of the agency's principal location and the meeting site if it is not held at the agency's principal location.
Such notice must be delivered or posted, as applicable, at least twenty-four hours before the time of such meeting as specified in the notice.
Editorial note: Twenty four hour notice wasn't given by the Port regarding their special meeting for their meeting at 3pm, however their meeting at 8:34 AM on Friday regarding the Timber meeting was annouced twenty four hours prior. Not the following meeting at 3:PM, that was annouced on Friday, not Thursday as it should have been done.
(3) The call and notices required under subsections (1) and (2) of this section shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the governing body.
(4) The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage.


Here is a highlight item the discussed during that special meeting at 3:PM that no one heard about until the last moment:
Clallam County Marinas LLC (Presentation) Pages 5-16
That was mainly the jest of this meeting they scrambled to call on Friday, mostly presentations, no actionable items from what I saw on this rush job agenda: http://portofpa.com/AgendaCenter/ViewFile/Agenda/10072016-189
They did make mention in this agenda that Monday's meeting had been canceled, that what made me think this meeting they put together quickly was to replace the meeting they canceled, which could have been scheduled for another day during next week.

The first meeting the Port had during Friday was regarding the Timber Committee, that was held at 9:30AM
That meeting highlight was: Outreach Strategies and the Role of NOTAC
See agenda: http://portofpa.com/AgendaCenter/ViewFile/Agenda/10072016-188
 The article in Friday's PDN only mentioned the Timber committee meeting, no mention of another meeting with the Port that day: Port of Port Angeles, Timber Advisory Committee to meet today … and other items

Editorial: So, that further led me to believe no proper annoucement of the second meeting that day was given because the PDN didn't make mention of the meeting that was to occur that day. I didn't get wind of it until noon time on Friday by email from the Port Announcing the special meeting happening at 3PM....It just looks like they were just trying to make up for a scheduling issue here at the last moment.

The RCW does mention about violations of the code:
RCW 42.30.120
Violations—Personal liability—Civil penalty—Attorneys' fees and costs.
(1) Each member of the governing body who attends a meeting of such governing body where action is taken in violation of any provision of this chapter applicable to him or her, with knowledge of the fact that the meeting is in violation thereof, shall be subject to personal liability in the form of a civil penalty in the amount of five hundred dollars for the first violation.
(2) Each member of the governing body who attends a meeting of a governing body where action is taken in violation of any provision of this chapter applicable to him or her, with knowledge of the fact that the meeting is in violation thereof, and who was previously assessed a penalty under subsection (1) of this section in a final court judgment, shall be subject to personal liability in the form of a civil penalty in the amount of one thousand dollars for any subsequent violation.
(3) The civil penalty shall be assessed by a judge of the superior court and an action to enforce this penalty may be brought by any person. A violation of this chapter does not constitute a crime and assessment of the civil penalty by a judge shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.
(4) Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded all costs, including reasonable attorneys' fees, incurred in connection with such legal action. Pursuant to RCW 4.84.185, any public agency which prevails in any action in the courts for a violation of this chapter may be awarded reasonable expenses and attorney fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause.

Editorial note: From what I saw in their special meeting they had late Friday after noon were all presentations, not actionable items on the agenda, so if they took no actions on those items they would be alright, it was just the timing and the short notice of the meeting that led me to think something was off here.


UPDATE!
 Port of Port Angeles taking another look at Boat Haven management proposals
A special telephone meeting to review the proposals will be announced soon.---PDN

Editorial Note: Apparently the PDN went to the second meeting on Friday afternoon and was able to tell the results of that meeting on Friday, which in my opinion had very little notice that day. Again, no mention of the second meeting meeting being held on Friday was mentioned in Friday's paper, only the first meeting of the day regarding the Timber Committee meeting Friday morning. Now this new additional meeting being called for sometime in the coming days, a special meeting by phone so they can act on the items discussed Friday afternoon. Still, seems odd in my opinion because of not having that announce made about the special meeting on Friday afternoon in the PDN on Friday.

For more local coverage and news commentary click here


Friday, October 7, 2016

COUNCIL MEMBER, SISSI BURCH GAVE AN EXAMPLE OF LEADERSHIP TUESDAY

 She arbitrated a compromise to save the city further embarrassment 

It was clear who was acting more like the mayor, than the mayor who seem to be riding the coattails of Councilmember Sissi Burch who took charge of the debate regarding the decision of the first ethics board committee suggestion of admonishing Deputy Kidd for her role on the Feb. 2nd meeting.
Council member Burch
From the City Council
web page.
But, before I get into this let's first look at some background information...again, and couple of news article about the affair Tuesday night which Burch took the bull by the horns and acted as  arbitrator toward a solution, sparing the city perhaps of any more embarrassment.  

Recap on the background of the Cherie Kidd's ethics complaint filed by Marolee Smith as shared by the city staff memo in the council agenda packet on Tuesday:
Background/Analysis: Four complaints have been filed against City Councilmembers since
February, all alleging that council members violated the City’s Code of Ethical Conduct as
outlined in Chapter 2.78 of the Port Angeles Municipal Code. As directed by the municipal code,
the Council assemble 3-member boards from a pool of pre-approved applicants to serve on
Boards to receive, investigate and make recommendations for disposition of the complaints.
Complaints 3 and 4 were ultimately withdrawn, and therefore no further action was required of
Council. Of the two ethics complaints that went forward, Boards (1) and (2) submitted their
written findings of fact, conclusions, and recommendations for disposition to the Council.
On September 6, Council voted 5-0 to accept the recommendation of Board (2) regarding a
complaint against Deputy Mayor Kidd and Councilmember Gase. Despite extended discussion,
and several votes on various motions, Council was unable to reach consensus on any action
regarding the recommendation of Board (1) regarding a complaint against Deputy Mayor Kidd. 
Council agreed to table the matter and bring it back a month later. Council now must determine
what action, if any, to take in the disposition of the complaint. If Council chooses to take action,
Chapter 2.78.080 outlines Council’s options. That section is included as Attachment 2.
Funding Overview: There was funding associated with the legal representation of
Councilmembers in defending themselves during the process associated with Boards 1 and 2,
however, there is no necessary funding anticipated for Council’s review and disposition of the
complaint. The total amount spent on outside legal representation was $20,000. 
During the meeting the council decided on: 1. Admonition. An admonition shall be a verbal statement approved by the City Council and made to the individual by the Mayor, or his or her designee, or if the complaint is against the Mayor, the Deputy Mayor, or his or her designee. The statement shall be included in the minutes of the City Council meeting at which it is approved
Page I-1 of packet 

Editorial Note: One of the members of the ethics board who handled the case former Judge, Grant Meiner wasn't very amused by the outcome, he was quoted in the PDN saying:  “Obviously, it was not time well-spent,” he said. “I’m sorry that the city has this process and that it apparently didn’t work very well. “It seems to me that it was an effort that didn’t lead to anything, and that leads me to some frustration.”

Editorial Note: I wrote some emails to the city council members asking for their comments regarding the article posted in the PDN about the events during Tuesday's meeting. One council member did respond, Sissi Burch, who wrote in response to Meiner's statement in the PDN, wrote the following email to this publication: I felt awful that Grant Meiner felt his long hours and thoughtful assessment of the ethics complaint was wasted.  I wrote to all our ethics board members that addressed this complaint and I said the following.  
It is with deep sorrow and sadness that I was not able to get your recommendations implemented. It was not what I would have wanted, but I could not get the necessary votes to push your recommendation forward and we needed to act and not drag this ethics complaint any longer.
I hope you can forgive me for needing to compromise. I want to thank you personally for the long hours and the well thought out conclusions you made in our ethics case. Please know that your time was not wasted and that I sincerely appreciate all you have done on behalf of the city.
Sincerely, Sissi

Editorial Note: Compromise! That's for sure, Burch using her negotional skills, something you would see in the United Nations, managed to talk the other council members down from their positions at lease to the point she would get the majority of the council to go along with it. Council members Whetham, and Merideth, wasn't buying the compromise, notably Merideth wasn't in favor of any compromise other than removing Kidd from the deputy mayor posting. Whetham had a laundry list of motions he made from removal of her position as deputy mayor, censure, admonishment, all failed. The council looked as though they were going to be in yet another stand off. Burch must have seen the writing on the wall, she kept pleading with the board to come up with something or else face further negative press which were sitting in the crows nest just waiting to swoop down on what remain of the city's reputation. It gotten to the point that even some outside media types were noting it, as in the Seattle Times article making mention of it in the headline: Is Port Angeles ready to realize its potential?

Quote from the article posted in the Seattle Times: " The most-recent political flashpoint: a protracted, stultifying battle over public-water fluoridation. Determined fluoride opponents waged a decade long campaign that culminated in an attempt to toss out the toothy city council and its “Fluoride Four,” of which Downie was a member. Fluoridation recently was suspended pending a public advisory vote next year. But the fight became so ugly that The Peninsula Daily News proclaimed, in an exasperated editorial, “The issue has gone beyond fluoridation to the question of whether democracy works in Port Angeles.”

Editorial note: Burch must have been referring the the Times article when she so earnest in coming up with a compromise when two council members, were out for their pound of flesh, while two more appeared to be just wishing the whole thing be dropped entirely, or ignore the ethics board recommendation, Gase, and Collins. As for the Mayor, from what I witnessed seemed willing to let Burch take charge of the debate, he seemed to also put this behind the councils plate, but again it was Burch who was leading the effort in coming up with the compromise.

However not everyone was satisfied by the compromise...

Editorial Note: I also wrote the Marolee Smith, who filed the complaint against Kidd which the ethics board one ruled on, she wrote this reply to my email:
I am  disgusted by the entire affair.
Waste of everyone's time. 
Add to that evidently no one knows what the word "admonish" means.  (Time to crack open a dictionary Collins/Gase.)  
This was a great waste of time, and I deeply apologize to the city staff, Frank Prince, Danetta Rutten and Grant Meiner.   
My only intent was to have Ms Kidd apologize and atone for the embarrassment caused to the speaker she interrupted on 2/2/16, and to those in attendance who had to witness her downright insolence with her gavel-banging hissy-fit. 
What is the first thing you teach children so that they can be upstanding members of society?  To apologize --  no matter if an injury  was intentional or not.  
Evidently Ms. Kidd's mother just gave her a pat on the head and a ready excuse "do the best you can".   
(I'd think in 70 years old she would have learned some empathy, decorum and the intelligence to take responsibility for the good of ALL, by now.  Evidently NOT.)
I am shocked by the degree of boorishness, impertinence, and vulgarity that is deemed acceptable by our council in regards to the actions of the Deputy Mayor. 
I am deeply embarrassed for the citizens of Port Angeles. 
Marolee

p.s. The words I spoke at the first comment period:

On November 6, 2012, four of you voted to adopt ordinance 3466, the Ethics Code. The motion was read by Mayor Kidd, moved by Council member Downie, seconded by Bruch. The motion was carried unanimously. The Deputy Mayor was Collins.
Evidently you discuss, amend, and vote for things you do not believe in or are willing to follow. So, what’s the point? What is the point of anything you do?
This does not inspire confidence. 
I am appalled by your actions. 
Two meetings ago, two of you, sat back in your seats, arms crossed, like indolent children. One member waffled. The other three wanted to act. Be adults. Act impartially, given the evidence.
Your actions besmirch the difficult task the volunteer Ethics Board Members put into their serious decision.  I am ashamed. You might as well spit on Frank Prince, Grant Meiner, and Danetta Rutten.
My Mother used to say “don’t ruin a perfectly good apology with an excuse.”  
What is the difference between an excuse and an apology?
An APOLOGY is an expression of remorse for having done something that harmed another. 
An EXCUSE is an explanation to avoid or alleviate guilt or negative judgement. 
OUR FEELINGS WERE HURT. This has never been acknowledged.  The speaker interrupted was insulted. Citizens in council chambers were aghast. The resulting confusion by all -- harmed the soul of our city.
An apology acknowledges unacceptable behavior happened. To admit fault restores dignity to the people offended. It begins a healing process.
A SINCERE apology shows that you take responsibility for your actions. Apologies take courage. Wise and inspiring leaders know an apology rebuilds trust.
To NOT apologize you damage your relationship, your reputation, and harm your leadership ability.  Animosity and tension created is toxic.
An APOLOGY is NOT:

·          “you’ve learned”
·          “you ran the meeting according to..”
·          or, an ad in the paper thanking your supporters

This is not doing better, it is doing much worse.
I request that the council not insult the Ethics Board, further, and, as no apology to the people has been forthcoming, to do what is right.
Verbally admonish Ms. Kidd, and strip her of the position as Deputy Mayor.
 

Related stories:
After deadlocking on a vote to admonish the deputy mayor for abruptly adjourning a Feb. 2 meeting, council members voted 4-2 to read a general statement to the public.---PDN

Quote from Article Posted, The written statement which the mayor read on Tuesday: “This council will respect the public and follow Open Public Meetings Act protocol for adjourning meetings, and we will do our best to be tolerant, patient and respectful of all,” the statement said.
Another quote from the article Posted: Councilwoman Sissi Bruch made the motion to approve the statement. It was seconded by Councilman Brad Collins. Unless the council did something, “we are going to be a laughingstock,” Bruch said. “We really need to move forward.”


Editorial Note: Finally on the media coverage, only two local outlets ran the story. I looked at the web page of the Port O Call to see what they had to say...not one word about it.
As for Sissi, like it or not she worked that council like a pro, in coming up with a solution that just might start the healing process of the council's faltering reputation. 



NOTE PAD:
MEETING ADVISIORY: Port to hold a Timber advisory meeting today starting at 9:30 AM
Agenda highlight: November 11, 2016 Board of Natural Resources Meeting and Possible Testimony

Port to hold special meeting today to replace their meeting on Monday because of cancelation
the highlight of the agenda: Clallam County Marinas LLC



Thursday, October 6, 2016

KILMER USES HIS PODCAST TO BREAK THE NEWS ON A TRIVIAL MATTER...

The break up of Brad Pitt, and Angelina Jolie ...This is no joke!

 http://kilmer.house.gov/news/in-the-news/kilmers-podcast-connects-constituents-and-colleagues
Washington Democratic Rep. Derek Kilmer broke the news of the Brad Pitt-Angelina Jolie breakup on his podcast — at least to Republican Rep. Jaime Herrera Beutler.
“I asked about her commute,” Kilmer said. “And she said, ‘I like to sit on the airplane and read People magazine,’ and I said, ‘Why not learn about the Brangelina breakup?’ And she was like, ‘Wait a minute — Brangelina broke up?’ I was like, ‘Wow, I didn’t mean to traumatize you.’"
Kilmer launched his podcast series, ‘Quick Questions About Congress With Kilmer,’ this summer as a way to connect with his colleagues from both sides of the aisle.
“I didn’t know a lot about my colleagues. I didn’t know [Rep. James B.] Renacci was a former firefighter or that he owned a football team,” he said. “And I didn’t realize that Jaime read People magazine.”


 Editorial Comment: You gotta be kidding me. Our Congressman who is running for reelection using a podcast to break a story that is trivial of two Hollywood stars. Big deal! Your tax payer's dollars hard at work folks. Talk about Sophomoric behavior! What is he now tabloid journalist on the side?



Also on Kilmer's webpage he issued a press release on the debate in Port Angeles he was in on Oct. 4th.
Commissioner, judge forum tonight in Port Angeles
PORT ANGELES — Clallam County commission and Superior Court judge candidates will speak at a forum tonight.
The League of Women Voters of Clallam County will host the forum from 6 p.m. to 8:30 p.m. in the county commissioners’ meeting room (Room 160) at the Clallam County Courthouse, 223 E. Fourth St., Port Angeles.
REF: http://kilmer.house.gov/news/in-the-news/commissioner-judge-forum-tonight-in-port-angeles
The PDN ran stories about the debates between the county commission candidates, and judges, but didn't make mention about how the debates between the two congressional candidates.
Here are the headlines of those stories:
Clallam County commissioner candidates talk about school bonds, drugs, homelessness--PDN


Clallam Superior Court judge candidates disagree on existence of backlog---PDN

For more state news and on the spot commentary click here

Wednesday, October 5, 2016

AGO FILES CAMPAIGN FINANCE COMPLAINT AGAINST SECRETARY OF STATE KIM WYMAN


FOR IMMEDIATE RELEASE:
Oct 4 2016
Ferguson recused from case
REF: http://www.atg.wa.gov/news/news-releases/ago-files-campaign-finance-complaint-against-secretary-state-kim-wyman

OLYMPIA — The Attorney General’s Office today announced the filing of a complaint in Thurston County Superior Court alleging campaign finance violations by Secretary of State Kim Wyman and her campaign, Citizens for Kim Wyman. The complaint alleges the Wyman campaign failed to timely file contribution and expenditure disclosure reports, as required under the state’s campaign finance laws. It also alleges that the campaign failed to timely deposit contributions.
On June 2, 2016, the Attorney General’s Office received a Citizen Action Complaint from Jaxon Ravens, Chair of the Washington State Democratic Central Committee, against Wyman and her campaign, alleging violations of the state’s public disclosure laws. The AGO referred the matter to the state Public Disclosure Commission on June 14, for possible investigation and a recommendation.
Following an investigation, PDC staff reported their findings to the commission that Wyman filed 11 reports for the campaign’s April 2016 activity 10 days late, disclosing $30,567 in additional contributions in May 2016. The campaign also filed an amended campaign summary report to include the late contribution disclosures, as well as $943 it had failed to account for in a previous report.
Before the AGO’s receipt of the Citizen Action Complaint, Wyman self-reported these 2016 errors to the PDC on May 22.
During the investigation, PDC staff also reviewed prior filings by the campaign between 2013 and 2016 and found other similar reports that had been filed 2 to 273 days late, and contribution deposits that were made between 2 and 49 days late.
On July 12, the commission returned the matter to the AGO with a recommendation that the Attorney General take appropriate action concerning Wyman’s reporting failures.
The AGO’s complaint seeks penalties and injunctive relief.
Wyman and her campaign will have twenty days from the date they are served to respond to the state’s complaint.
A copy of the complaint can be found here.
Attorney General Bob Ferguson is recused and has been screened from involvement in the matter.


For more law & justice, and advocacy news click here

Tuesday, October 4, 2016

FROM THE UN: Remarks at the opening of the Executive Committee of the United Nations High Commissioner for Refugees----Ban Ki-moon

From the press release issued Oct 3, 2016
REF: https://www.un.org/sg/en/content/sg/speeches/2016-10-03/remarks-opening-executive-committee-united-nations-high-commissioner

Quote from speech: "In Syria, the Geneva Conventions concluded in this city to bring some semblance of morality to the dirty business of war have been flouted over and over.
If you consider all the refugees, displaced people, and those in besieged or hard to reach areas, there are thirteen and a half million Syrians who desperately need help. Six million of them are children.
I have met these refugees in Jordan, Lebanon, Turkey and Greece. I also met the Syrian swimmer Yusra Mardini, who was on the refugee team at the Olympic Games in Rio de Janeiro. Yusra fled Syria in an overcrowded boat that started to sink. She risked her life by jumping into the Aegean Sea to help push the boat to shore.
When I think of Yusra’s courage on the one hand, and the inaction of powerful leaders on the other, I am outraged by the bitter injustice of war.
The situation in Syria is one of the most dramatic and tragic in the world. And we must also remember the millions of other refugees from Yemen, Afghanistan, Burundi, the Central African Republic, South Sudan and beyond."

Related stories from the UN News Center:

‘Bunker-buster’ bombs in eastern Aleppo mean children not even safe underground, UN experts warn
3 October 2016 – The killing and maiming of children in eastern Aleppo by the Syrian Government and its allies is not only a brutal abdication of international human rights obligations, it will have a long-lasting impact on the young victims for generations to come, United Nations child rights experts warned today.

In Geneva, Ban reiterates call to end Syrian conflict; reflects on tenure as UN chief
3 October 2016 – Speaking at a press conference in the United Nations Office in Geneva today, Secretary-General Ban Ki-moon once again called for the political will to end the Syrian conflict, while also sharing his reflections on the nearly 10 years he spent as the top UN official.

Intra-Syrian Talks
Since March 2011, Syria has been in the throes of a conflict that has killed over 260,000 people and forced more than half of all Syrians to leave their homes. An estimated four million Syrians have sought refuge in neighbouring countries alone, including Turkey, Lebanon, Jordan, Iraq and Egypt. The crisis, described as the worst humanitarian disaster of our time, has caused untold suffering for Syrian men, women and children. 

From the US MISSION to the UN:

Remarks before UN Security Council Consultations on Syria---Ambassador Samantha Power
U.S. Permanent Representative to the United Nations
From the press release issued 9.29.16
REF: http://usun.state.gov/remarks/7462
QUESTION: Anything about the French proposal for a Security Council resolution on the ceasefire in Aleppo?
AMBASSADOR POWER:" I haven’t seen any resolution, so I can’t comment on that. What I can comment on is the most savage week we’ve seen in an incredibly savage, five-plus-year war. What Assad and Russia are doing in Aleppo is soul-shattering. Seventeen-hundred strikes – 1,700 – in just a portion of a city. Let’s not forget we’re talking about eastern Aleppo. More than a thousand people killed, and those are just the ones we know about. Hundreds of people buried in rubble who can’t be rescued because the White Helmets have been deliberately targeted. White Helmet headquarters targeted in two different parts of town in close succession – two opposite parts of town. And an attempt to starve and bomb people in eastern Aleppo in a way, again, that is grotesque.
You saw yesterday how the Syrian ambassador feels about the death, the slaughter, of the Syrian people in Aleppo – he laughed. The Syrian regime negotiator in Geneva laughed. That’s the coldness and the brutality that we’re talking about, and Russia stands right alongside those individuals and those bombers and, again, is not backing the regime – is fighting alongside the regime, bombing alongside the regime, exceeding in brutality what we have seen from the regime in the life of this war." ---read full statement.

From the US State Dept: Suspension of Participation in Bilateral Channels With Russia Established to Sustain the Cessation of Hostilities in Syria.
REF: Press release issued 10.3.16
http://www.state.gov/r/pa/prs/ps/2016/10/262704.htm
The United States is suspending its participation in bilateral channels with Russia that were established to sustain the Cessation of Hostilities. This is not a decision that was taken lightly. The United States spared no effort in negotiating and attempting to implement an arrangement with Russia aimed at reducing violence, providing unhindered humanitarian access, and degrading terrorist organizations operating in Syria, including Daesh and al Qaeda in Syria.
Unfortunately, Russia failed to live up to its own commitments - including its obligations under international humanitarian law and UNSCR 2254 - and was also either unwilling or unable to ensure Syrian regime adherence to the arrangements to which Moscow agreed. Rather, Russia and the Syrian regime have chosen to pursue a military course, inconsistent with the Cessation of Hostilities, as demonstrated by their intensified attacks against civilian areas, targeting of critical infrastructure such as hospitals, and preventing humanitarian aid from reaching civilians in need, including through the September 19 attack on a humanitarian aid convoy.
The U.S. will also withdraw personnel that had been dispatched in anticipation of the possible establishment of the Joint Implementation Center. To ensure the safety of our respective military personnel and enable the fight against Daesh, the United States will continue to utilize the channel of communications established with Russia to de-conflict counterterrorism operations in Syria.

US DEFENSE DEPT: U.S. Strike in Syria Targets Key al-Qaida Leader




For more world and national news click here

Monday, October 3, 2016

US CHAMBER OF COMMERCE: Should Social Security Reform Target Young Workers?

Social Security’s finances are deteriorating rapidly.  Even without intervening recessions, in a few years Social Security will be unable to pay the benefits promised.  What to do? One obvious suggestion is to raise the payroll tax funding Social Security.  This proposal raises some questions proponents are willing to face, and at least one biggie they have heretofore preferred to ignore, specifically, the question of intergenerational equity.
In stark contrast to those coming up with solutions, judging from the current administration as well as the two candidates running to replace it, one might conclude there’s no problem at all. After all, how could such an enormous fiscal disaster be so certain and yet the President and those who seek to be President remain so silent? How indeed?----US Chamber of Commerce article dated 9.30.16
https://www.uschamber.com/above-the-fold/should-social-security-reform-target-young-workers

Related stories:

Here's Why Your Social Security Check Is Hardly Going to Budge in 2017--The Motley Fool
As of July 2016, 60.5 million Americans were receiving Social Security payments each month, including 40.8 million retired workers.

The average retiree will see Social Security benefit decrease---CNBC
Those in retirement who are receiving Social Security benefits and are enrolled in Medicare may want to sit up and take notice of the latest Medicare Board of Trustees report released this month, as their Social Security benefit may be adversely affected.

 In-patient or not? Medicare requires hospitals to tell you (REU)
You are in the hospital for tests after experiencing dizziness. You are nervous about what the tests will show, but at least you do not have to worry about hospital bills - you have Medicare, so you can relax about healthcare coverage. Or can you?

For Business and finance news click here






Saturday, October 1, 2016

LEANING TOWARDS GARY JOHNSON--LIB.

Ever since the time I voted for President Ronald Reagan, I cast my vote for the Republican candidate.
The democrats had lost my vote for president long ago since the presidency of Jimmy Carter. As I grew up and matured I became more, and more a conservative thinker. The democrats stop being the party of Harry S Truman, and John F. Kennedy, and has managed to take this country down the sewer drain of moral virtues and only pay lip service to issues that matter like equality toward disabled, and other minority groups when it becomes politically convenient.  Now the Republicans has abandon the principles of Ronald Reagan such as showing class by supporting a candidate who has no class,  is more of a show boat, and can't seem to not speak without putting his shoe in his mouth.
Do we really want another four years of an Obama like presidency under Hillary, who is hip deep in scandals?

Case in point two examples:


  •     FBI’s Comey won’t reopen Clinton email probe, refuses to say she’s truthful

FBI Director James Comey said he’s not going to reopen the investigation into Hillary Clinton’s emails, telling Congress on Wednesday that none of the recent revelations since he closed the case in July “would come near” to triggering that extraordinary step.---Washington Times
http://www.washingtontimes.com/news/2016/sep/28/fbi-rejects-calls-reopen-clinton-email-case/


  • It Took Obama Six Hours to Respond to Benghazi and Hillary Didn’t Find Him

President Obama did not personally respond to Benghazi on the night of the attack until more than six hours after the White House convened an emergency conference call, according to little-noticed State Department records reviewed by Breitbart News.
http://www.breitbart.com/big-government/2016/09/30/it-took-obama-six-hours-to-respond-to-benghazi-and-hillary-didnt-find-him/



  • In Rare Move, Clinton Courts Disability Vote

Democratic presidential nominee Hillary Clinton is making her pitch to people with disabilities, bringing attention to a sizable demographic that’s often overlooked on the campaign trail.-- Disability Scoop
https://www.disabilityscoop.com/2016/09/22/in-rare-clinton-courts-disability/22785/

HILLARY ON DISABLED CHILDREN During Easter Egg Hunt: “When are they going to get those f*****g ree-tards out of here?”---100% Fed up
http://100percentfedup.com/hillary-on-disabled-children-during-easter-egg-hunt-when-are-they-going-to-get-those-fg-ree-tards-out-of-here/

Editorial Note: This tells me Hillarys true feelings towards disable folks, than what disability scoop is trying to have us believe.



And has for Mr. Broadway the "Donald" he continues to show he's not really fit to lead...

This is where Trump lost me.


So, what's the third choice? Gary Johnson (Lib)

His recent endorsements pretty much tells the story, some from notable conservative, and liberal minded publications

  •   Endorsement: Libertarian Gary Johnson for president---Detroit News 
Since its founding in 1873, The Detroit News has backed a Republican every time it has made a presidential endorsement (three times we have sat on the sidelines — twice during the Franklin Roosevelt elections and in the 2004 Bush/Kerry 

Chicago Tribune: A principled option for U.S. president: Endorsing Gary Johnson, Libertarian
We reject the cliche that a citizen who chooses a principled third-party candidate is squandering his or her vote.— Chicago Tribune Editorial Board

Johnson-Weld 2016: A better choice---New Hampshire Union Leader
It’s a binary election, we’re told.
That’s a lousy choice, and a false one. As our Publisher writes on today’s front page, we refuse to choose the lesser of two evils. Not when there’s a reasonable, and honorable, alternative. - 

Granted I don't necessarily all of Johnson's issues like for example his support of gay marriage, I believe that is God ordained estate between one man, one woman. He might act at times as sophomoric, but given the choice of the other two choice he is probably the best we are going to get in this wacky presidential election.

WILL THE CITY RESPECT THE ETHICS CODE? OR CHERRY PICK WHEN THEY COMPLY?

Once again the city will meet to follow the recommendations of the ethic board 1, to admonish the Deputy Mayor, Cherie Kidd or impose a more stricter punishment, removing Kidd from her position as Deputy Mayor? Tuesday's meeting should draw a big crowd I suspect, given the topic. It will be lesson how democracy works, or at least should work. If they end up being in a stalemate again, and decide to do nothing, they must well shred that code of ethics. As you recall in the PDN article Kidd is quoted in saying:  “Our council procedures are a living document. We do change them from time to time because we learn things, and so it’s a living document, and I have learned from this experience myself. “I will do my best to show courtesy and respect, and I’ve worked hard for the city for many years, and I will continue to work hard for the city for many years. See pdn article: Cherie Kidd on Feb. 2 council meeting: ‘I have learned from this experience’

Background information from city staff memo in Tuesday's meeting:
Four complaints have been filed against City Councilmembers since
February, all alleging that council members violated the City’s Code of Ethical Conduct as
outlined in Chapter 2.78 of the Port Angeles Municipal Code. As directed by the municipal code,
the Council assemble 3-member boards from a pool of pre-approved applicants to serve on
Boards to receive, investigate and make recommendations for disposition of the complaints.
Complaints 3 and 4 were ultimately withdrawn, and therefore no further action was required of
Council. Of the two ethics complaints that went forward, Boards (1) and (2) submitted their
written findings of fact, conclusions, and recommendations for disposition to the Council.
On September 6, Council voted 5-0 to accept the recommendation of Board (2) regarding a
complaint against Deputy Mayor Kidd and Councilmember Gase. Despite extended discussion,
and several votes on various motions, Council was unable to reach consensus on any action
regarding the recommendation of Board (1) regarding a complaint against Deputy Mayor Kidd.
Council agreed to table the matter and bring it back a month later. Council now must determine
what action, if any, to take in the disposition of the complaint. If Council chooses to take action,
Chapter 2.78.080 outlines Council’s options. That section is included as Attachment 2.
Funding Overview: There was funding associated with the legal representation of
Councilmembers in defending themselves during the process associated with Boards 1 and 2,
however, there is no necessary funding anticipated for Council’s review and disposition of the
complaint. The total amount spent on outside legal representation was $20,000.
See full agenda: http://wa-portangeles.civicplus.com/DocumentCenter/View/3361

Editorial Comment: Note that the $20,000 legal expense was on the taxpayer, not out of pocket expense of  Kidd or Gase. But, that's just a sidebar note, worth noting because I think they could have easily paid for legal counsel on their own dime. Unless the city has a legal defense fund for such occasions for council members who can't afford legal representation when something like this occurs. I guess that would be a different story. But, all of this is beside the point in whether or not the council will practice what they preach or not, that violators of the ethics code will be punished or not. This will be something to see on Tuesday.

In other city related meetings...

This meeting is before the city's regular session on Tuesday.
Presentation to Council on Investments Policy
Notice is hereby given that the City Council of the City of Port Angeles will hold a special meeting on Tuesday, October 4, 2016, from 5:45 p.m. to 6 p.m., in the Council Chambers at City Hall, 321 East Fifth Street, Port Angeles. The purpose of the meeting is to receive a short presentation on Investments Policy. The special meeting is open to the public. The regular City Council meeting will begin at 6:00 p.m.

For more meetings and on the spot commentaries click here!



Friday, September 30, 2016

SAO AGREES WITH COUNTY, SO WHAT'S NEXT SELINDA?

Clallam treasurer raises spending, personnel concerns
County commissioners suggest executive session as appropriate venue---PDN
 
Quote from Article posted: “The Board of County Commissioners should not need to revisit these matters,” Peach said before making a motion to strike the agenda item and remove the associated materials from the county’s website.
“We’ve had the opportunity to talk to the [state] auditor, and it would appear that you don’t agree with the auditor’s decision.”

Related story: State audit of Clallam County remarks on opportunity fund grants, veterans fund

The state Auditor’s Office audit for 2015 found that Clallam County commissioners followed policy last year when they awarded $1.3 million in Opportunity Fund infrastructure grants to the port and city of Port Angeles and also made suggestions for the veterans fund.---PDN
Written statement by County Treasure regarding the opportunity fund allotments made last year, responding to the state auditor decision on the matter as shared in the work session packet Monday:

ln my opinion, the only way the SAO can decline to find non-compliance is by, among many other 
things, ignoring the fact that the $10,290,155 expenditure amount reflected on the adopted budget for the Opportunity Fund is inconsistent with the SAO's own "basic rules of accounting and financial reporting" as well as the specific prohibition at RCW 36.40.120;
o lgnoring the fact that the post mortem results for the Opportunity Fund show that the St.g mill¡on in additional expenditures listed on BM#13 were paid from budgeted ending fund balance reserves, and not from the
"Transfer to Carlsborg Sewer Project" line as claimed on BM#13;
¡ lgnoring the fact that Administrator Jones admitted that he signed, approved, and processed BM#13 with the intent and knowledge of making Sg million in "ending fund balance reserves" available for spending, even though he claimed otherwise on BM#13 itself as well as in a number of other official reports and statements, all as discussed in my previous email below.(see full statement)

Editorial Comment: It's never a dull moment with our County Treasure isn't readers.
She not only ignoring the findings of the State Auditor, now she is probably going to contend that the Auditor is in some sort of conspiracy with the county, that maybe the next thing to have happen since the State Auditor found no fault in the transaction regarding the opportunity fund, and didn't agree with Burkius. We all know at least one local media outlet who seems to side with Burkius on all most everything she says. Lately they have been strangely silent regarding this latest chapter of the drama between the county treasurer and county commission, who I am referring to? The Port O Call, they seem to be the County Treasurer's favorite sounding board. Readers, I go every day to these local sources, and thus far not word one on the Port O Call webpage regarding this latest development, why the silence all of a sudden?
So what is next on the agenda of the County Treasurer?
Sounds to me that the County Treasurer is a poor loser in this, don't you think?



For more local news and on the spot commentary click here