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Monday, December 19, 2011

If Janice Daniels is so pro-Troy business...

...then why is she going to vote against $8.5 million in federal transportation money long-ago designated for Troy tonight?
She will be ignoring the advice and wishes of
Gov Rick Snyder (see below)
Troy Chamber of Commerce
Detroit News editorial board
Detroit Free Press editorial board
Troy's General Donald Schenk (see below)
and so many forward thinking people in and around Troy.

If she votes "No" we will all know that her ideology, and the voices from the Mackinac Center and the National Tea Party matter more to this "mayor" than the people she was supposed to represent.
This decision is so glaring in its ignorance that the governor took the time to write her a personal letter begging her to reconsider for the good of Michigan, as did General Donald Schenk.
Janice Daniels cares only for Janice Daniels.
Shame!




From Gen. Schenk:
Madam Mayor and Members of City Council

You are being asked for two votes regarding the Transit Center on Monday, 19 December 2011. Please consider them carefully, restricting that consideration to the matters before City Council, and your votes on-point to the questions before you. This is your responsibility as stewards of our community and its resources, today and in the future. It is a responsibility that must be to the community you have been elected to lead, not to some other agenda or some other constituency.

The first vote is relatively simple: to approve or disapprove the contract with Hubbell, Roth & Clark, Inc. to provide architectural and engineering services for the final design of the Troy Multi-Modal Transit Facility. This vote is solely about approval of services that have been selected appropriately. This should be a "Yes" vote as City staff has conducted due diligence on your behalf concerning the proposed services. This vote is not about how the city spends its money since the money is authorized and appropriated by the Federal government.

> The Federal funding for this project has its basis in Public Law 111-5 American Recovery and Reinvestment Act of 2009. The Statement of Purposes of that law is clear as to intent, i.e., "The purposes of this Act include the following:
"(1) To preserve and create jobs and promote economic recovery.
"(2) To assist those most impacted by the recession.
"(3) To provide investments needed to increase economic efficiency by spurring technological advances in science and health.
"(4) To invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits.
"(5) To stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases [emphasis added]."
> The accompanying General Principles Concerning Use of Funds are equally clear, "The President and the heads of Federal departments and agencies shall manage and expend the funds made available in this Act so as to achieve the purposes specified...[in the Statement of Purposes]...including commencing expenditures and activities as quickly as possible consistent with prudent management [emphasis added]." Stated another way, only the Executive Branch of the Federal government is empowered to direct the use of these funds, and it is to do so with all due speed to enhance economic recovery.

> Section 1607 of the Act requires state certification of the use of funds required by the act. That certification was provided by Governor Granholm on 17 February 2009, and was subsequently endorsed by Governor Snyder. No other use of the funds is possible.

The second vote is required in the event you disapprove (i.e., vote "No" on award the services contract) the first resolution. The need for this resolution is dependent on the outcome of the first resolution. Clearly, a "Yes" vote on the resolution to approve award of the services contract means this second vote is not needed.

Your vote on the first resolution is contingent on your interpretation of the facts relative to the Transit Center. Any discussion on this point should be restricted solely to those facts associated with the proposed center and that center's impacts on our community in the future. This is not a place to debate the use of the funds since their appropriateness has already been determined by the Governor and their use is restricted by the enabling legislation.

I urge you to understand that in no case will a "No" vote on the contract do anything for the City of Troy or to the Federal deficit. A simple review of how the US Congress carries out its responsibilities under Article I, Sections 7 and 8 of the Constitution of the United States of America makes that all too clear, as do the provisions of the statute....monies being authorized and appropriated for a specific purpose, they are not available for any other purpose except by subsequent legislation by the Congress and signature by the President.

While certain members of City Council may believe they can impact the deficit by rejecting the grant funds, there exist no provisions within the grant for local government to reject the funds. Use of these funds is neither discretionary nor subject to local government line item veto. To reject the funds is counter to the intent of Public Law and counter to the certifications of the Governor of Michigan. Article I, Section 10, of the US Constitution further restricts state government--and by extension, local government--from impairing the obligation of contracts. A "No" vote here has that effect.

I strongly urge each of you to consider that by potentially adopting a resolution which is counter to Public Law you are not only undermining the economic vitality and recovery of our city and the region, but also placing our state, our city, and yourselves at cross-purposes with the Federal government. This is a slippery slope with an unpredictable end.

DONALD F. SCHENK
4613 Heatherbrook Drive
Troy, Michigan 48098-4666

2 comments:

  1. Janice Daniels is all about about Janice Daniels, Bob Gosselin, Glenn Clark and all the others who are pulling her strings.

    ReplyDelete
  2. I knew it was a sad day for Troy when she was elected. Maybe more people will get out and vote next time.

    ReplyDelete