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Different take on public comment during city council meetings


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Since Pete Ewals took the mayoral seat last January, he's been trying different things to make the public feel comfortable speaking in front of the Jordan City Council. It's been a constant debate in the council chamber. 

- How can we make public meetings more accessible for residents?

- What arrangement of chairs and tables, as well as what seating assignments, is appropriate?

- Can we up the sound quality in the council chamber and on public access cable TV?

- How much time is necessary for the public to comment on issues that are on or absent from the meeting agenda?

Some of the changes have worked and stuck. Some of Ewals' ideas have been met with skepticism and voted down by the council.

Another Jordan resident drew my attention to a different take on public comment during city council meetings.

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This YouTube video (http://www.youtube.com/watch?v=92fKPKHQyF4) claims:

- "Jordan City Council slaps restriction on public's input"

- "Mayor outgunned in town hall cellar verbal shootout"

- and "Public fears for the future of the First Amendment."

The video is publicized by a group that created the Web site http://www.citizens4sparechange.com/. So what do you think? Are you feeling gagged or more comfy? Is the mayor effective or ineffective? How can citizens' voices be heard? And what if we've been heard, but the council disagrees -- what do we do then?




Vote the rascals out. That's...

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Thom Boncher's picture

Vote the rascals out.

That's more or less what Council Member Shaw said, right?


Submitted by Thom Boncher on December 18, 2009 - 7:27pm.

I have never felt gagged or...

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elkes4's picture

I have never felt gagged or discouraged when I went to prior council meetings, however it has become more and more that the audience can make a person feel uneasy to approach any subject which you may feel a need to question. This is when you may have only wanted some clarification on a subject.

I had wanted to make a comment at a previous meeting, which was more to clarify my understanding, but knew that there were people in the wings just waiting to contradict any statement that they felt was not in their favor and this is why I fully support that some restrictions be placed, more on repetitive speaking, (not on speaking in general). There are some people, who if given an inch, will take the entire field. This is what is unfortunate and misleading when attempts have been made to allow more public input. I wonder if those people wanting more input, also voted for Al Franken. If they had, they may want to now listen to him shut down a speaker in the house…. Now that was abrupt.

It has been said that there is a freedom of speech issue, which I agree there is. Much of the lack of freedom however is taken from the person who is uncertain and given to the person who has made up their mind and made an agenda item of it, usually with help of a small support group.

This has been my experience, it may be the exception, but has certainly left a sour taste in my mouth on occasion.


Submitted by elkes4 on December 18, 2009 - 8:14pm.

I'm glad for you, elkes4,...

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Thom Boncher's picture

I'm glad for you, elkes4, that you've never felt gagged or discouraged at prior City Council meetings.

I've been threatened with removal, and arrest for disorderly conduct. My crime? I said:
"Wait a minute. If you want my respect, you have to earn it. And you can't do that by interrupting me."

I've had Council members butt into my "three minutes" more often than I care to admit. Among the more inane interruptions was a comment from the former mayor to the effect that he didn't "subscribe to the Pioneer Press." Oh. Okay.

If you are a member of a majority, as you believe, I would hope that you'd feel free to speak your mind on any issue, without fear of interruption, and without regard for what anyone else might say.

For my part, having been butted in upon frequently, I know how annoying it can be. Therefore, I would not ever - never - say your comments were insulting or disorderly. I'd like to think that we could sit side by side at a Council meeting, and though we might not agree on things, we could carry on a civil discussion. I'd like to think that I might be able to learn something from you. I'd like to think that you might be open to learning something from me.

If I'm a member of a minority, as you believe, what have you to fear from anything that I could say? What skin is it off your nose to listen? And if you think I'm just a 60-something hothead, you can always just shrug, right? After all, every town needs a few characters, doesn't it?


Submitted by Thom Boncher on December 18, 2009 - 11:18pm.

Well Thom, when you are...

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Well Thom, when you are elected we won't have to worry about you talking too long, you just state the punch line without the story. In the end I agree with you. The Council heard and they chose to bury their heads in the sand and hope the problem goes away. The call to Change was made in 2008 election. When the Council had the opportunity to rethink and respond they followed the Administrative Staffs advice to deceive the public by hiding Administrative and Finance expenses ($170,000) rather than acknowledge their costs were out of line. No one is saying what they have done is illegal, it's just not right. When poor planning led to a major shortfall the Administrator & Finance Director led the Council down the wrong path. Now that they (Council) have bought in, the Staff has them right where they want them. The Council now has to defend and deceive as well. I truly believe if they could rewind they would have gone another direction (that of course is my wanting to believe in them). Small Citys like Jordan cannot afford these hugh Staff salaries now or in the future. In the private sector, management is often responsible for multiple sites. Why can't this be the case with Govenment Staff? If an Aministrator, Finance Director, or others are worth these high salaries they should handle multiple small towns so as to spread their costs as do Private sector managers. Area(regional thinking & responsibility) must enter into the Government process if we (taxpayers) are to survive and "good staff managers" have opportunities to grow. Sure, some will fall by the wayside and probably should, but the strong will be able to expand their influence and grow. Now as for You Tube, the Council wrote the script so they have to live with it. As for the effectiveness of the Mayor, he has done an outstanding job considering the other newby Council member came without a "spine" and looks and sounds exactly like the "old" members. It's been one against six since day one. So, Thom is right. Vote the rascals out! 3 seats are up in 2010.


Submitted by reset on December 18, 2009 - 9:01pm.

Reset, Freedom of speech can...

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Reset,

Freedom of speech can work in your favor, not giving the public the facts and your real name. I have not called you names as you have done to me: “other newby Council member came without a "spine" and looks and sounds exactly like the "old" members.” Yes, I have a tough skin, but as I respect others, I expect the same in return.

For your information the U-Tube video is spliced and has a twist of what the person creating wants the public to believe. If you watch the other city council meetings, did the council not let the citizens speak during 2 comment portions, and during agenda items when they had input? Maybe you should watch or attend. (This is the facts.) Have you asked other citizens within the community what they think? Whoever created the U-tube never took inconsideration the safety or asked for consent from the citizens, staff, or council.

I would like you to ask what has the mayor done for you? What has he given back to the community? Has he done what he promised? I can tell you what I have been working and placing much time into the community with the new food shelf, the spanish committee, community-ed, the EDA and new business opportunities and grant program. The things I campaigned for, I placed myself into those committies. If you ask what I have done in the last year, I am more than willing to say I am working with the community and people. (This is a fact)

I have been advised not to blog, however I believe in facts not falsefy and ridiculing members of the community. Is this the type of community we want to live in? I have to say I am disappointed in the behavior displayed by a few, but have more integrity to continue working with community members that want to work together. Everyday I return from work, I drive into Jordan and can say I am home. Isn’t that what the community wants to feel? A postive environment.


Submitted by Tanya Velishek on December 18, 2009 - 10:00pm.

" . . . as I respect others,...

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Thom Boncher's picture

" . . . as I respect others, I expect the same in return."

Is that why you described Jim Fink's letter to the council as an insult?


Submitted by Thom Boncher on December 18, 2009 - 11:00pm.

I can see both sides to this...

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elkes4's picture

I can see both sides to this or any story and often times would assume it to be like Ram's butting heads. It is a good thing that if someone feels strong enough about a subject that they pursue it and if they hold a strong conviction, they should also stick to their guns... but the statement made to “out” them..... Just be sure not to throw the baby out with the bath water.

I do however think that making statements that you know will most likely not be refuted, is much like dictation and less like fact. I really have nothing to gain in making my statements; I would just like to be assured that I get what I vote for, as should we all. The thing that scares me the most about the posts made by the hopefuls troop, is that it seems they wish to have their own monopoly on the council and will just agree with the current mayor, regardless of the outcome.

This is one thing that does concern me about the postings. I honestly do think that some could make an admirable addition to the council; however I would like to be assured that would be as an independent vote and not just an additional vote for the current mayor or anyone else, for that matter of speaking, that in my opinion would be what I would call a “Yes Man” and not acceptable to anything I could stand for. Can you understand my concern? I am not attempting to side on either part, I am just expressing my largest concern as I have seen the past statements reflect this. I could be wrong, I would just like some reassurance on this issue.


Submitted by elkes4 on December 18, 2009 - 10:29pm.

Elkes4, the former Mayor,...

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Thom Boncher's picture

Elkes4, the former Mayor, and a group of residents whose homes abut Lagoon Park came to a Parks and Recreation Committee meeting to talk to us about what they felt was overuse of the park if a disk golf course was installed there. I agree with them.

The current Mayor voted to accept the most recent budget proposal. I disagree with him.

Am I part of what you call, "the hopefuls troop"? Do I sound like a "Yes Man" to you?

If I can't respect you and your positions, I have no more right to be on the Council than those who are there now. If I am unwilling to listen to what you have to say, whether online or at a Council meeting, I have no more right to be on the Council than those who are there now.

I don't know if that's enough reassurance for you. I hope it is.


Submitted by Thom Boncher on December 18, 2009 - 10:55pm.

Elkes4, good question! So...

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Elkes4, good question! So far from what I have read on blogs or forums whether it be Thom, cita, reset, twinsfan, and even you and others, I have not picked up that any one of them would be yes men or women. In fact just the opposite, I feel that they have all been free, independent, intelligent thinkers coming up with original innovative ideas and thoughts. I wish several of them would run for city council!
Tanya yes we have heard of your good deeds (several of them many many times from you at city council meetings) and in no way am I going to put those down they are awesome! But your good deeds do not make you a good council person, they make you a good person, the two should never be mixed up or mixed together. As far as the video goes did they splice in "every Tom,******, and Harry", did they splice in "I don't want developers etc. to have to wait they have better things to do"?


Submitted by Daisy on December 18, 2009 - 10:56pm.

Thom, I actually do have...

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elkes4's picture

Thom, I actually do have respect for your independant opinions, even though it may not show all the time in my questioning. I just don't like a monopoly and that is my only concern.

I really have an issue with the DFL rule in DC. I would have the same problem with a GOP tilt as well, so don't take this the wrong way,this statement is just to give an example of things I take issue with.

I believe that the community is best served by independant thinkers, you would have to admit that at times those independant thinkers may also have times when they are not in unison with majority. I can also say that the majority is also not prone to making the correct decisions and that is when the independant thinkers must pull through and protect the majority from themselves and miss information, which always deeply roots itself in political situations.

There are many "cases" of this in history, so I will not go deep into them. It is however one of my main vote "musts".


Submitted by elkes4 on December 18, 2009 - 11:14pm.

The last time I aligned...

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Thom Boncher's picture

The last time I aligned myself with a party was when John Kennedy was running for president. I guess I was 10 or 11 - I'm a little sketchy on the details. :-) I was a Democrat, just like all the other kids at St. Luke's School. In the last presidential election, I voted for Colin Powell and Condolezza Rice. And by golly, do I wish they'd won.


Submitted by Thom Boncher on December 18, 2009 - 11:36pm.

If you give me an image with...

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elkes4's picture

If you give me an image with decent resolution…I can have that image dance with Elvis in the Caves in about fifteen minutes! I can show you a picture of Elephants and Llamas roaming downtown Jordan... it goes with the story on one of my blogs.

On the other side of the issue, isn’t it copyright infringement for someone to take the copy off the City's site and place it on U-Tube? Let alone doctor it in any way.

Just a question as I am not certain of Jordan's Image protection rules, if they don't have one yet, they may want to consider a revision to protect from things like the alleged, from happening in the future. I would like to have a postive image of Jordan on those sites as opposed to what has already happened.


Submitted by elkes4 on December 18, 2009 - 11:41pm.

elkes4, the full meeting is...

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Thom Boncher's picture

elkes4, the full meeting is available online from the city website. There, if you are willing to slog through it all, you'll find every one of those quotes - presumably not edited or enhanced. I don't think there were any elephants or llamas there though. Pretty sure I would have noticed.

Interesting question about the copyright issue as applied to a public meeting. Looking at it from another perspective, can the city deny usage of the public meeting? And did the producer of the video actually distort anything said at the meeting? All I can speak for is the part that I spoke (jeeze, that sounds awkward). The portion in which I appeared was an accurate portrayal of what I said. Some words were left out, but the gist was there. I have a hunch there were a few other quotes that could have been incorporated into the video, but were omitted for brevity sake.

Of course, there were other quotes that could have been culled and turned into a video showing how the Council was actually protecting our free speech, and right to be heard in open meetings. But the voting wouldn't support such a video, would it?


Submitted by Thom Boncher on December 19, 2009 - 12:18am.

Thom, Did I ever once say...

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Thom,

Did I ever once say his name? I said it was from a citizen in respect to him. He did not give me permission to say his name.


Submitted by Tanya Velishek on December 18, 2009 - 11:42pm.

No, you never said his name....

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Thom Boncher's picture

No, you never said his name. Just like you never said my name. But I don't think he expected a letter sent to a public official to not become public record. It didn't take a whole lot of work on my part to figure out who's letter you were referring to. Of course, if you got more than one letter, perhaps you should redact the signer's name, and share it with us, so we can see just how nasty the stuff is that you receive.

Believe me when I say, in no way do I condone anyone sending obscene, insulting or hateful things to ANYONE. The letter I saw was not insulting, though it wasn't complimentary either.


Submitted by Thom Boncher on December 18, 2009 - 11:59pm.

I have been advised by...

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Thom Boncher's picture

I have been advised by William O. Wrights that there seems to be some confusion over the intent of the video he produced. He reminded me that the voters of Jordan are not without blame for what is happening here. His point is well taken. I refer you to http://www.citizens4sparechange.com/ for a more detailed exposition of Mr. Wrights' thoughts on what is happening in Jordan, and why he made the video.

Youtube is great as far as it goes, but comments must be kept short (which is bad, I guess), and people using Youtube tend to get distracted by the hijinks of the Detroit City Council, and the cute baby videos.

In spite of what one may think about the name of the site, Mr. Wrights is not soliciting donations. He understands that you'll need your spare change to pay your water bill.


Submitted by Thom Boncher on December 19, 2009 - 8:19pm.

Thom, thank you for sharing...

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Lucy825's picture

Thom, thank you for sharing this with us. There are a number of us who have participated in this blog for quite some time. If you are aware of the identity of William O. Wright, you may want to invite them to join in on the JI Blog with us common folk...


Submitted by Lucy825 on December 21, 2009 - 11:57am.

I am still trying to figure...

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Ray Sandey's picture

I am still trying to figure out when anyone's rights were taken from them. There is a public comment period on every agenda. Thom, you know this because you use it at every single meeting.

When ever I have requested to be on the agenda at a council meeting I have never been denied nor have I been stopped from talking during my agenda item.

If a person wants to get a varience or change an ordinance there is always a public hearing that is posted in advance. I have never been told I couldn't speak at a public hearing.

When a council person comes to a meeting with an idea of how they are going to vote on an item it means that they probably did their homework and reviewed their council packets before the meeting. If there is questions to asked they have the chance to do that at the meeting. If there is testimony at the meeting they will have the opportunity to listen to it. I expect the councilors to come to meetings with open minds, not empty minds.

I am not sure what the administrator and finance director have to anything to gain by moving part of their salaries to the enterprise budget except that property tax dollars won't then be used to subsidise the water and sewer department and it frees up general fund dollars. If this is not the way it is supposed to be done why haven't the auditors made them change to another way.

Ray Sandey


Submitted by Ray Sandey on December 21, 2009 - 10:41am.

Ray I have a couple...

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Twinsfan14's picture

Ray I have a couple questions for you.

Would you consider it a infringement to your rights to be interrupted, badgered or cut-off during your speaking time?

Would you consider it an infringment to your rights to be asked to speak after council business is completed so developers don't have to wait?

Would you consider it an infringement to be asked to speak on an agenda item after the council has voted?

Under the current council comment rules all three of those instances can happen. I would consider those infringements. Just the ability of the council to do those things, or hold the chance of those happening over people's heads, is an infringement. Whether or not they choose to use that ability is of no matter. The fact that they gave themselves that ability is the biggest infringment of them all.


Submitted by Twinsfan14 on December 21, 2009 - 11:41am.

Not every single meeting,...

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Thom Boncher's picture

Not every single meeting, Ray. But most. Is that a problem?

And if you're paying attention to what I say, it isn't always a diatribe. Also, if you are paying attention to what happens when I speak, you will be aware of the fact that I have been interrupted by David Hanson, Jeremy Goebel, and Ron Jabs. Each of those individuals has cut me off more than once. Others may have tried to cut me off, but given the state of my hearing, I might not have heard them.

You say, "If there is testimony at the meeting they will have the opportunity to listen to it." What assurance have we that we will be allowed to GIVE testimony?

Regarding the comment about moving salaries, did anyone say that what staff is doing is illegal? Not that I'm aware of. So why would an auditor care? Now ask the question, where does the roughly seven million dollars that it takes to run Jordan come from? Oddly enough, it all comes from taxpayers.

Now consider that the salary of the Public Works Manager (who actually gets down in the mud) doesn't show up in the Sewer and Water budget. Not one cent.

I have less problem with the cost of running the city than I do with how the City goes about presenting that cost. What's happening with the budget is legal, I guess. But it sure doesn't feel right to me.


Submitted by Thom Boncher on December 21, 2009 - 3:59pm.

Regarding the administrator...

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Joe Pearson's picture

Regarding the administrator and finance director salaries and the auditors,

The auditors found and published in their report that the City of Jordan was operating its Water Utility as a for-profit business. This is illegal in Minnesota. The city is supposed to charge only what it costs.

It appears that this profit was eliminated by moving the city administrator and finance director salaries under the water utility. Technically that eliminates the profit.

And, after all, the city administrator and staff DID spend a bit of time modifying city ordinances to ban private wells. Later they attempted to locate well owners and encouraged them to 'cap' their wells, citing the ordinances. So one could say the city administrator was working for the water utility.
(Never mind the fact that it is illegal in MN for the city to order anyone to seal a well, even if the city has an ordinance that says so.)

Joe Pearson


Submitted by Joe Pearson on January 1, 2010 - 12:30am.

Joe, those are interesting...

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Thom Boncher's picture

Joe, those are interesting comments. Would you care to cite the laws you feel the City "flexed" about profit from services, and well jurisdiction?

I'm pretty sure you mentioned this stuff at a City Council meeting a while back, but I can't recall what the specifics were.


Submitted by Thom Boncher on January 1, 2010 - 9:55am.

Sorry for the delay. End of...

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Joe Pearson's picture

Sorry for the delay. End of year is nuts and my wife broke her wrist Thursday (12/31/09).

I had checked on these laws back in September of 2008. See Minnesota Statute 103i.111, Subdivision 3. It states that a political subdivision may not regulate the construction, repair, or sealing of wells. Translation: a city may not require construction, repair, or 'capping' of wells.

The Minnesota DNR, Dept of Ag, MPCA and MDH are concerned with wells. Ultimately the MDH is the final authority on drinking water and the City must answer to them.

While digging into state law for Andrew I came across the proper handling and regulation of 'enterprise funds' which is how cities should handle accounting for their utilities. As stand-alone, non-profit enterprises. I noted that the fees for the utilities should reflect the costs of providing that utility. Not more. Although a 'reserve' is acceptable, if the reserve gets to be excessive there should be a correction in the fee schedule. (Not additional expenses.) I checked the metropolitan council city utility fees table and noted that Jordan tops the list as most expensive water utility fees. I checked the city auditors report and noted that they specifically stated that the city water utility was being run as a 'for profit' business. That was a red flag.

I found that very interesting, but my main concern was the city's position on Andrew's well. He asked for a variance to the city ordinance, noting that Jordan appeared to be the only city in the state banning wells and was denied. He asked them to change the ordinance and was denied. Then I found the MDH and 103I.111, SubD 3.

Unfortunately I did not write down the source of 'non-profit enterprise'. If I find a spare moment I will look it up.

I'm sure that paying the top city administration salaries from the water utility is in violation of the spirit of the law. Common sense tells you that it is just wrong. It is bad accounting. They do not work within the water utility enterprise and should not be paid by it.

Another thing that was in violation of the spirit of the law is the way the City Administration handled the recodification somewhere around 2006. When they rewrite the city ordinances to include the amendments they MUST NOT change the meaning of the amended ordinance. Yet they did. The city staff created the ban on wells without consulting the city council. There was no input or acknowledgement, public or otherwise. When the revised book of ordinances was 'reviewed' by the city council they summarily approved it without due process. (Can't you just see Mayor Jabs gently encouraging the council to vote on it and move on to the next item?) They were not made aware of the changes in meaning but since they approved it anyway it becomes a legal document. That is like signing a contract without reading it. Just because everybody else does it doesn't make it less dumb. Normally the staff changing the ordinances would violate the letter of the law, but since the council approved the book they get by on a technicality.

I'm really surprised that Ed and his staff weren't severely reprimanded (or fired) for that. (Willfully changing ordinances and slipping it by the council.) He is paid handsomely for that? Does he even live near Jordan?

And if the City Attorney really was consulted on the well ban ordinance (Ord. 51.05 as of 2007) and she approved it then she should have been reprimanded (or fired) for incompetence because it was illegal and there obviously was no legal search involved in its creation and approval.

I don't have time for this. Have a great day.

- Joe Pearson


Submitted by Joe Pearson on January 5, 2010 - 3:12pm.

What can I say Joe?!! All I...

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What can I say Joe?!! All I can say is I wish you had more time! We need someone like you on city council! What you wrote makes me sick, but we pretty much know things are not right at city hall! The problem is so few (like you) have the time or energy to fight it and city hall knows that! That is why government keeps growing and growing and growing! Ofcourse Ed does not live here nor does the city planner and if the finance director could sell his house he would be out of here also!! There are no excuses for the city council! They live here! Yet I do not feel they have the citizens best interests at heart! Why is that?!!


Submitted by Daisy on January 5, 2010 - 3:45pm.

OK, The Minnesota state...

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Joe Pearson's picture

OK, The Minnesota state auditor has some guidelines for city accounting. Here they are:
http://www.auditor.state.mn.us/other/ctas/docs/ctas_coa.pdf

As you can see, Jordan's method is odd. Doesn't fit with the recommended chart of accounts. I have a feeling that the town books are ripe for an Office of State Auditor review.

You can contact Rebecca Otto's office through Celeste Grant, General Counsel.

celeste.grant@state.mn.us

I live in St. Paul where the water rates are half Jordan's.
Although any member of the public can contact the State Auditor, it would look better if a Jordan resident made the request.

Have a great day.
- Joe Pearson


Submitted by Joe Pearson on January 5, 2010 - 4:11pm.

Joe, thank you for filling...

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Thom Boncher's picture

Joe, thank you for filling us in on the details. Given that knowledge is power, this is really powerful information, to which I hope all the serial bloggers and others are paying attention. I remembered you and Andy having scads of information. It was very generous of you to take time to share it with us.

I wonder if the city administration realized the full import of what they were doing when they changed the meaning of the well ordinance. Same with the re-allocation of salaries into enterprise budgets. There is a pervasive "other towns do it, so it must be okay" mentality in City Hall. Usually, that's not a problem, but once in a while, some wrinkle in what Jordan does creates snafus like this.

Joe, thanks again. Sorry to hear about your wife's wrist. I hope it heals fast an well.


Submitted by Thom Boncher on January 5, 2010 - 6:10pm.

Thanks Thom, She goes under...

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Joe Pearson's picture

Thanks Thom, She goes under the knife in the morning. I hope she heals well.

I disagree about the "other towns do it, we can too" mentality statement. I know that Dave couldn't give a rip what other towns do. He is not another lemming. At least he and Mike were willing to learn more before making a decision. Others seemed to be just running into council meetings completely unprepared. And stuff that went home came back unopened.

The town needs more Joe Benkos. Demand to see the cotton pickin' books! And read them! Hopefully the city auditors will find the stuff buried in the Finance Director's books that we can't. I wouldn't want their job! When was the last time you read the auditor's report? It is amazing what they do find.

Public accountants are required by Minnesota law to notify the OSA when, during the course of an audit, they discover evidence of financial misconduct by a local government officer or employee.
https://www.revisor.leg.state.mn.us/statutes/?id=6.67

Of course, you don't have to wait for the city auditors to find something. MN law also requires local government employees and officers to report problems. https://www.revisor.leg.state.mn.us/statutes/?id=609.456

If you have Internet access then you have a huge resource. Don't waste it playing Farmville.

You can take this with a big grain of salt. My extremely limited experience with the city staff showed a cowboy attitude. "This is the problem I see, this is the solution I see, let's get it done, full speed ahead." There is very little planning. Next to nothing for research. And not enough experience.

I heard that Ed's only experience as a city administrator was as a short term temp in Farmington while they searched for a real administrator. Then Jordan hired him for his experience and steady hand.

- Joe Pearson


Submitted by Joe Pearson on January 6, 2010 - 1:45am.

I'm going off theme here for...

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Thom Boncher's picture

I'm going off theme here for a bit . . . sorry all . . . Joe, that must have been a nasty break. I'll add some prayers to the get well wishes for your wife.


Submitted by Thom Boncher on January 6, 2010 - 9:20am.

Wow! Isn't that just...

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Wow! Isn't that just totally interesting?!! Never saw that on the city council agenda or discussed at city council meetings! And the public or citizens are still not suspicious of what is going on?!! Amazing!! Thanks Joe for that tidbit! Maybe it has been public knowledge! New to me!! Why does anything shock me anymore?!!!


Submitted by Daisy on January 1, 2010 - 12:23pm.

Joe, wasn't that capping of...

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Kyle Thill's picture

Joe, wasn't that capping of wells something like well over a decade ago?


Submitted by Kyle Thill on January 1, 2010 - 1:55pm.

Kyle I think city hall was...

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Kyle I think city hall was trying to make Andrew Pearson jump through hoops not to long ago with his well. Which he used for watering his plants. Can you imagine the expense using city water for that? I don't know all the facts! Somebody out there probably does!!


Submitted by Daisy on January 1, 2010 - 3:24pm.

Andrew Pearson received a...

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Joe Pearson's picture

Andrew Pearson received a letter from the City in August, 2008, informing him that they understood he had a well and it was in violation of City Ordinances. They gently encouraged him to 'cap' his well. He called me and asked if this was true. I looked up the ordinances and told him that not only was it true, but the ordinance had a bite. You had 30 days after getting city water service to the property to cap the well. Andrew has had city water in his house for years and well water for the greenhouses. The two systems are separated by about 100 feet. I believe the penalty was a misdemeanor for each day after. With a potential fine of up to $300 for each day Andrew was looking at over $30,000 in fines. Of course this was all a complete surprise to Andrew. No one is notified when an ordinance change affects them and this one was a couple of years old already. He called City Administration on Friday and asked how long he had to cap his well and Ed said that it would be OK if he had it done by Monday. The well drillers said it would probably be $12,000 to seal the well.

Andrew also didn't want to use City water for the greenhouse because it is not good for the plants. Chlorine is used to kill things.
Andrew's well water comes from a different aquifer than the city water and, unlike city water, there are no measurable nitrates (a cause of blue-baby syndrome) in Andrew's well water. Note: The city nitrates level is well within EPA limits and completely passes all Clean Water Safety guidelines.

- Joe Pearson


Submitted by Joe Pearson on January 5, 2010 - 1:14pm.

Joe, remember to include how...

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bucky's picture

Joe, remember to include how this sticky little mess was resolved. The city changed the code to allow existing private wells not to be capped, as long as it could be proven that no cross contamination could occur.

I don't have the code in front of me but there was also something written that essentially exempt a greenhouse for the reasons you mention.

Your research was instrumental in getting the code changed. Thank you again.

David H
projectguy7@gmail.com


Submitted by bucky on January 5, 2010 - 4:09pm.

Oh yes, I remember. I had...

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Joe Pearson's picture

Oh yes, I remember. I had to do city attorney work, city administrator work, and citizen work. Just to try to set things right. You were also instrumental, Dave. You, Mike Shaw and Joe Benko were the only ones who would listen. Good thing you did. If the city administration and city council would have stood their ground there would have been an even bigger mess. Maybe a legal battle. You know where that would have ended up.

I'm glad it was finally resolved peacefully. But my point is that it shouldn't have happened in the first place. What a waste of time and resources. Too many people didn't even know how aquifers are or how wells are constructed. All these unsubstantiated fears of city well water contamination from Andy's well. Ignorance isn't bliss. An ounce of research is worth a pound of waste.

I'm really late now. Gotta go.

- Joe Pearson


Submitted by Joe Pearson on January 5, 2010 - 4:23pm.

If that is true it explains...

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Twinsfan14's picture

If that is true it explains why the city never gave a more expanded explanation than "its legal don't worry about it". They just charged as much as needed to remove the profit. I now would REALLY love to hear the city expand more on this. I asked these questions in another blog and didn't get answers from anyone so I'll ask again.

How did the city decide on that percentages to charge?

Why wasn't this practice used in the past?

Why did they decide to make the change?


Submitted by Twinsfan14 on January 1, 2010 - 2:06pm.

Twinsfan14, you won't get an...

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Thom Boncher's picture

Twinsfan14, you won't get an answer from the City on any blog. I think you should ask these questions at a Council Meeting.

I've spoken with Joe Pearson in the past, and he generally does his homework, so I trust his comments. I just hope he'll give us a little more detail on the laws he cites.

Kyle, I've been told there are dozens of uncapped wells in the city limits, and the city is inspecting them to assure there's no cross-contamination from wells to city water lines. Of course, this begs the question, what gives the City the right to come onto someone's property to inspect well connections. As I recall, Andy Pearson's state-required well water quality checks show that his well water is cleaner than city water.


Submitted by Thom Boncher on January 1, 2010 - 5:18pm.

Josh Hein, I think you...

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Josh Hein, I think you missed one of the questions Ray posed. Could you check with Thom and get an answer for us?

I am not sure what the administrator and finance director have to anything to gain by moving part of their salaries to the enterprise budget except that property tax dollars won't then be used to subsidise the water and sewer department and it frees up general fund dollars. If this is not the way it is supposed to be done why haven't the auditors made them change to another way.

Thanks!


Submitted by Robert Envall on December 21, 2009 - 11:58am.

I have answered it many...

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Twinsfan14's picture

I have answered it many times. Maybe you should check some of the other blogs. I'm not quite sure why you seem to have such a problem with me. Thom and I disagree on as many things as we agree on, the shift of funds is one of them. Maybe before you try and take a shot at me you should have your facts straight.


Submitted by Twinsfan14 on December 21, 2009 - 12:13pm.

Robert Envall, which bothers...

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Thom Boncher's picture

Robert Envall, which bothers you more, the thought that someone like Josh Hein might be thinking and speaking for himself, or the thought that he might be part of some kind of a network that you are outside of?


Submitted by Thom Boncher on December 21, 2009 - 3:29pm.

Robert Envall do you happen...

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Robert Envall do you happen to be a retired teacher?!! Just curious!!


Submitted by Daisy on January 1, 2010 - 1:12pm.

Well, the council meeting...

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Thom Boncher's picture

Well, the council meeting ran more or less on time tonight. Not much in the way of public comment during the first public comment period, but one person did say that he believed the idea of allowing comment to every agenda item was nonsense, that the Council should not allow themselves to fall back into the chaotic meeting practices that prevailed when he was on the council, and that the Council represented 5,000 people in this town - not any select group.

Then he said (as near as I could understand) "If I want to make a public comment, I'll come down here and talk to you."


Submitted by Thom Boncher on December 21, 2009 - 10:57pm.

I have been advised that the...

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Thom Boncher's picture

I have been advised that the person commenting also said words to the effect that he is able to make his opinion known through his coffee group.


Submitted by Thom Boncher on December 22, 2009 - 9:34pm.

I think I may have to leave...

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elkes4's picture

I think I may have to leave my diet pepsi group and check it out now Thom, or do you think they would mind if I drank Diet Pepsi, while they sip their Irish Creme Coffee.


Submitted by elkes4 on December 22, 2009 - 9:40pm.

Elkes4, I'm sure they would...

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Thom Boncher's picture

Elkes4, I'm sure they would be willing to let you drink Diet Pepsi, just as long as it's not decaf.

The bigger question is, where does your Diet Pepsi group meet, and will they allow a Diet Coke person to become a member?


Submitted by Thom Boncher on December 22, 2009 - 10:47pm.

I was with my coffee group...

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I was with my coffee group yesterday and the consensus was he behaved unbelievably bad! Waving arms and yelling! He has gotten by with this behavior for how long?!! The consensus also was he is in the minority! Consensus also has it he made the rebels look mild, polite, and intelligent. But I shall reserve judgement until I actually see it on t.v.! Besides, right now I am filled with Peace on Earth and Goodwill Towards Men(and Women)! So won't even watch it until after Christmas! Now if what I heard is true, Mathias, that is what I call crabby! Merry Christmas everyone and hope you all are safe and sound over the Holidays!!


Submitted by Daisy on December 23, 2009 - 11:36am.

Good thing he's not one of...

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Thom Boncher's picture

Good thing he's not one of those serial-blogger, shunned-candidate, twenty-something hothead, rabble we've been hearing about, huh?


Submitted by Thom Boncher on December 23, 2009 - 7:40pm.

Well if what I heard is true...

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Well if what I heard is true he should be roasted at the next council meeting for his insulting,rude behavior! Oh! That's right that only works one way, only if the person is disagreeing with the council, not if he is insulting and rude to the people who attended the meeting!! My word! Think if a builder who was going to invest in the community would have been there! If that would have been one of the rabble rousers they probably would have been ousted! Interesting how that works isn't it?!!


Submitted by Daisy on December 23, 2009 - 8:11pm.

The Diet Pepsi Group meets...

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elkes4's picture

The Diet Pepsi Group meets when ever one person sees another, Diet Coke drinkers and decaffeinated coffee drinkers are also welcome, there is no formal time, reason or place for the meeting. I only know that it is the oldest group in the world.

First Rule: wave or say hi to another person.

Second Rule: try not to talk politics

Third Rule: All conversations usually end up discussing politics in some form

Fourth Rule: Try not to let any conversation run your life or you may be banned from the group for a while.

Honestly, I listen about as often as I talk, which is most of the time. I find that many people just need a release valve. When they say their piece, I usually end up gaining insight of one form or another. I have also found that people who go off to the side and whisper, usually have bad intent or they may be uncertain of what they are talking about, those people, if not invited to engage in conversation, often draw the wrong conclusions or willingly miss lead others from being able to gain the correct insights. A kind of "If I don't get cake, no one will get cake" kind of way to fumble through life, in my opinion.


Submitted by elkes4 on December 23, 2009 - 1:28pm.

Spot on, elkes4 - especially...

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Thom Boncher's picture

Spot on, elkes4 - especially the part about . . . . "I have also found that people who go off to the side and whisper, usually have bad intent or they may be uncertain of what they are talking about, those people, if not invited to engage in conversation, often draw the wrong conclusions or willingly miss lead others from being able to gain the correct insights."

You've explained EXACTLY why I try to make my voice heard at Council meetings. If conversations are public, we can all learn from them.


Submitted by Thom Boncher on December 23, 2009 - 9:22pm.

You mean they actually let...

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elkes4's picture

You mean they actually let another person with an opinion live in this town? What are things coming to? Elvis…. Fire up the Winnebago, its time to roll!

Sorry, too many pots calling the kettles something just to talk about something... ah, now I am guilty too.

Merry Christmas to all and to all a Good Night!

and PLEASE!.... Good will towards men....yes, women too.


Submitted by elkes4 on December 23, 2009 - 11:46pm.

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