Wednesday, January 21, 2015

1/21/15 City Council meeting open thread.

The current city council has continued prior councils' practice of not providing written summary minutes of council discussion, but only "action minutes" which state the outcomes. Encinitas Undercover will provide a forum for observers to record what occurs at each council meeting.

Please use the comments to record your observations.

Items of interest tonight:

1) Review of the city's Housing Element "outreach" program which includes staff having created the target property map before "public outreach" began, and said map having been circulated by insiders at an invite-only meeting for likely upzone windfall millionaires.

And don't forget the other part of the "outreach:" the city's laughably amateur Peak Democracy online forum software.

2) The Kranz-Blakespear proposal to require appellants to go to mediation before having appeals heard by the council.


9 PM: Sounds from the comments as if the Blakespear proposal is turning into quite a fiasco.  Here is former council candidate Julie Graboi's submission on the issue.

78 comments:

  1. Is that slimy Gus sitting next to Gasbag?? I thought he was run out of town?? Should he be giving any advice to the council ??

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  2. Council agrees to pay $86 per hour to interim CM. The question to ask is this did the CAtty draw up this contract or is this contract the same contract used previously???

    City agrees to pay $18,000 to find a new CM.(. I guess they've never heard of Craig's list ).
    Gasbag making jokes about guarantees.
    Blakespear wants to city to keep abandoned fire station on McKinnon .( but not allow the public to park there).
    Shaffer says to lease it but has no idea what to do with it . Motion passes.

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  3. I wish someone would put something under Muir's seat and send a shock to his big body and small brain every time he says "as it relates to". He spoke for the first time tonight and used that phrase at least 6-7 times.

    Please shut the F up with that phrase, Muir. You have way over done it. What an idiot!

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  4. Gaspar's trying to be cutsey and funny----not working for ya girl!

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  5. Gaspar needs to pick her battles with Shaffer in a better way. The mayor looked pretty desperate and ignorant. Eat some fruit Gaspar. And, of course, Muir always follows the queen. Can we say "pussy?"

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  6. These idiots are discussing Blakespear mediation proposal.... They want to FORCE the public into mediation instead of doing the job they have been elected to do. These 5 idiots could fuck up a sunrise.....
    Kranz turns against mediation plan... Blakespear back peddling.... Shaffer with sour look on her face ....Gus sitting with his hands clasped counting the days until he can get away from these morons....

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    1. The plan is nonsense and Blakespear's already showing herself not up to the task of council member. So early, too. You'd think she would learn a little first but no, she's pulling a classic Shaffer: talk first, think later.

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    2. Oh the sunrise line is classic. My vote for best thing ever posted on this blog.

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  7. Why is Vina still talking??

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  8. Murphy wants staff to attend CPP meetings ( increased pay and overtime). M says not enough planners to do everything city wants done ( asking for more pay and employees).

    Muir and Blakespear discussing what has past.... Hey morons do it on your own time .

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  9. Slimy Gus says planning needs more staff....
    Shaffer blabbering on and on....

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  10. Now Blakespear wants to make it "a tool in the toolbox" and "voluntary in different places." Can anyone explain where the "different places" are?

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  11. Blakespear first piece of legislation being crushed ... Audio lost. 18 min gap ???

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  12. Kranz flip flopping now wants mandatory mediation. Says no lawyers no architects allowed. Simply doesn't understand that people can't be forced into mediation ..

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  13. Shaffer telling subcommittee what to do even though there is no subcommittee yet .

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  14. Blakespear's true motive for a mandatory mediation is revealed - retribution. She revealed that the neighbors opposing her client's uses refused to sit down and talk.

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    1. She's a lawyer -that says it all.

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    2. Pilot program, if voluntary, is worth exploring. So that's what the subcommittee will do: explore alternatives. TK didn't appear to appreciate CB taking the wind out of his sails. The reason this propasal was stalled by a subcommittee is because of egos: JM's and TKs, but the concept is worth discussing.

      Any mediation could be recommended at an administrative level, before a case goes to the Planning Commission, or Council (not all appeals go through commissions). Then timelines for appeals wouldn't be affected.

      Council would be well-served, as would we citizens, were the mayor to name a subcommittee to review the rules, which determine what goes or does not go directly from a head of department's statement of decision or determination, to Council on appeal, and to also review, publicly, what constitutes a public hearing, where disclosures are required.

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    3. 2:10 PM
      Back to the old "in private" meeting that Blakespear wants. How many people will voluntarily go to mediation? Ten percent? Five percent? Or no one? Try no one.

      See if Kranz and Blakespear will be welcome at any community gathering. No more crappy rules from the gang of 5 on the dais.

      Barth and Shaffer wanted to stop residents from speaking at council meetings. Now the attorney du jour Blakespear wants to avenge her lost appeal by making mandatory mediation a city law.

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    4. CB told KG at the last Council Meeting that she could agree that the mediation would not be mandatory.

      Voluntary mediation could be a positive, and could allow cases to be worked out between the parties involved, without an expensive legal battle in court. Code enforcement cases could be settled through mediation, as well, preventing the huge conflict of interest that exists when the City Attorney's law firm drags out cases to the point that $10 Million has been filtered through his law firm from 2007-2014. That was enough to pay the inflated price for Pacific View!

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    5. 2:41 PM
      The Municipal Code (MC) states something is prohibited. Catherine Blakespear (CB) thinks it can be worked out with mediation. How does Catherine Blakespear (CB) intent to get pass the prohibited part? Surely, as an attorney she knows the difference between prohibited and allowed.

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    6. some things are prohibited, absent a minor use permit. some things are permitted by right. Part of the problem is that staff is given too much discretion to interpret and apply policy and EMC. They aren't supposed to make policy, to make the rules up as they go along. Unfettered discretion is abuse of discretion. If the parties involved in a code enforcement case could come together, then maybe they could work out, amicably, what is allowed, and what is not . . . That which is allowed by right cannot be taken away by any subsequent policy, or law, which law or rule is by definition, void.

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  15. Mediation is not binding arbitration. If the two parties are required or volunteer to go to mediation, this will sometimes happen: An objective observer would judge one side to be right and the other wrong, or one side much more right than wrong. A mediator does not take sides or make judgments. A mediator tries to get the parties to agree on a compromise, but if they can't, the mediator could suggest a compromise that advantages the wrong side and disadvantages the right side.

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    1. Appeals almost always go before the council, so what Blakespear is trying to force - without apparently even realizing it (scary) - is that residents would be forced into mediation with the very staff whose "interpretations" brought on the appeal.

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    2. Mediation, potentially, could help clear up misunderstandings on staff or by members of the public, about staff's "interpretations" of city policy and Encinitas Municipal Code. The mediator, whether a volunteer, or not, should be "independent," and not a part of staff, and not part of the City Attorney's law firm, or the contractors he uses to advance his agenda.

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    3. 2:45 PM
      There are NO misunderstandings on staff's "interpretations" of the General Plan or Municipal Code. Staff out and out lies. By the way, the mediator is not there to interject; only to keep the decorum.

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  16. We have a mayor who doesn't know how to run a meeting and four others who have no clue as to what is going on. I suggest Kathy Hollywood run as mayor. She is excellent and knows the business. Send the council packing as they are not needed.

    I would bet that committee Muir proposed involves his good friend $tock$. Any one want to place bets?

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    1. Muir is absolutely clueless - he looks lost at these meetings. If zombies like this can win a council seat, this city has no hope. De-incorporate.

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  17. "a. Puts another burden onto citizens by inserting an extra level into an approval/appeal process.

    b. Could give the appearance that council and staff are offloading responsibility onto citizens.

    c. Does not save money but costs citizens out of pocket expenses to take over roles and responsibilities that we are paying staff and Council to decide."

    Julie Graboi articulates the case against Prop A perfectly. Oops.

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  18. AM 8:45, there are big differences between Prop A and Blakespear's mandatory mediation schemes in terms of WHO initiated this and WHY.

    WHO: CITIZENS not COUNCIL initiated Prop A to get rid of the super-majority loophole for council members to amend the General Plan for their buddies. Citizens now get to decide if a project rises to the threshold of actual public benefit.

    The forced mediation issue was brought forward by Council and supported by some staff.

    WHY: Citizens who supported Prop A wanted to return to the original General Plan which did not allow for a Council super-majority to change zoning. Now, citizens get to decide on zoning changes--not a super-majority of council members.

    According to Blakespear's own comments last night, she lost the appeal for Coral Tree Farms and would like to have forced neighbors into mediation.

    This plan seemed half-baked and personal instead of a concrete policy that could work for all cases. Kudos to Muir and Gaspar for bringing up important points.

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    1. Prop A was written by citizens and passed through an election! A vote of the people supported Prop A.

      Blakespear looks like she is trying to push through a personal agenda that those who support it hope can deflect responsibility from their poor decisions in the past.

      Mediation looks self-serving and not like empowerment for Encinitas citizens like it has been presented.

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    2. Since most appeals end up at the City Council, why not just leave it that way? Seems as if Blakespear is taking a cue form Lorena Gonzales who went to Sacramento and after her 1st 6 months, where no new person can introduce a bill, she decided to get the Assembly to give an illegal Mexican the right to take the State of California's attorney exam so he cold practice law here. Seems somewhat hypocritical as it is against the law to be illegal but it's OK to practice law. I realize Catherine's situation is different, but to introduce this as her first piece of legislation looks just as self-serving.

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    3. Did anyone see the article in tomorrow's Coast News where they want to plant fruit trees in Glen Park, and name it after Teresa Barth? I guess even though we have a water shortage, it's OK. I thought that was what the Parks and Recreation Commission committee was supposed to do? Guess we don't that those dag gummed Commissions. Let's just let Teresa and company run the City. I can see it now. Homeless people coming from all over to eat; the city has to maintain the trees; and of course, someone will fall from a tree and sue the City and Marco will sue us.

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    4. Barth accomplished nothing except showing how mean and vindictive a person can become.

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  19. A LEMON tree would be most appropriate for Barth.

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  20. 10:09 AM
    Did you read the Urban Forest Subcommittee report on last night's agenda?
    Kranz and Shaffer are proposing a new city position of City Arborist.
    They are proposing more fruit trees to be planted in public spaces (not medians they say). Anyone can pick the fruit (humm - more homeless and people outside Encinitas). Their proposed fruit trees policy will bring more strangers into all Encinitas residential neighborhoods.
    Volunteers will do most of the cleanup and maintenance work on the trees (they become city workers by proxy).

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    1. City arborist?? Use the County Cooperative Extension Service - they have nothing to do most of the time and cost you money.

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  21. For all the whining going on here, practically nobody showed up to speak to council last night. All blow and no go here at EU. I'm sure you'll console yourselves by claiming it wouldn't make any difference. Boo hoo.

    Nobody shows, nobody runs, just bitch bitch bitch. But at least you come up with childish monikers. Class all the way.

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    1. Were you there to speak?

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    2. 11:47 My question to you is where in the hell were you last night? Oh, watching on your tv and sipping the wine and beer?

      Don't complain about the rest of us when you do nothing. Can you say hypocrite?

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    3. 12:08 PM & 12:18 PM

      Sounds all very good except I haven't been complaining (whining). And I do contribute and speak when I have something to say. So yes, last night I did watch the whole council meeting at home on TV.

      So if both of you have contributed posts here complaining about the city manager or the housing element (as those were the two prominent items on last night agenda) why didn't you show up and speak out. It's only 3 minutes, although it never seems enough time when I speak.

      Also. nobody spoke during oral communications about the downtown drinking situation that was discussed in a previous topic here. Plenty of derisive comments in that discussion but nobody appeared motivated enough to chastise the council last night.

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  22. While I appreciate the efforts of the volunteers at Glen Park for the pilot program, I just about barfed when they wanted to memorialize this after Teresa. This is unacceptable in every sense of the word.

    Oh, and in Lisa's newsletter this morning there was mention of all the good things vina has done and Prop A was mentioned. What? What? I little regurgitation, barf, take a deep breath or two and make sure I read that correctly.

    What sort of reality is she living in, I can't begin to even imagine.

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    1. That's hilarious!

      Here's Vina's record on Prop A:

      1) Failed miserably in his primary objective, to kill Prop A.

      2) Got caught hiding the fact that he had already signed the contract with notorious pro-developer firm Rutan & Tucker to write a biased report against Prop A

      3) Failed to inform the council that their Prop A ballot arguments were false, thus bringing both the integrity and the competence of every council member into serious question.

      #WINNING!

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    2. What I find interesting is when the Parks and Rec. Commission first asked the City to name the dog park at the new park after Maggie, it was met with reluctance and downright disapproval by Lisa Rudloff. We had to engage Maggie's widower and others to make it happen. Now they want to name something in Glen Park after Teresa Barth? Seems as if it should go thru the same vetting process. It is a City Park, not a residential park.

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    3. Once you start naming places after people, it gets real complicated. Every official thinks they are special and want special recognition.

      We should have never started this in the first place.

      I'm special. How do I get something named after me?

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    4. Cities that have a little more class refrain from naming things after live politicians for exactly that reason.

      If their deeds are still so fondly remembered 20 or 30 years from now after they're dead, then the naming is more thoughtfully decided, meaningful, and legitimate.

      That would be a good policy for our council to adapt before this becomes an orgy of self-congratulation.

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    5. We were all kind enough not to kick Barth the Bat as she skulked out the door and NOW she is maneuvering her only 2 friends to get something named after her? An Andy Gump comes to mind. Looks like we are going to have to bring up all the un-kind things she said and did in 8 years: and that's a ton. Maybe we'll start with the orgy of lies she told in her 'good-by cruel word' article in the Coast News last month. There have been less obnoxious council people, but none so pitifully worthless; period.

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    6. Better idea: Remove Theresa Barth's name from anything in this city. That would make more sense for the lies and mismanagement. Keep your self serving Christmas tree as well, you never showed any Christian virtue and it is an insult.

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    7. Yeah I always thought her Christmas tree was a real slap in the face. As if she's the reason for Christmas. What an ego. I hope she leaves town with Slimy Gus. Dumb and dumber.....

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    8. "Yeah I always thought her Christmas tree was a real slap in the face."

      And that was the precise moment when everyone knew the blog had jumped the shark.

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  23. Horrible idea to allow a naming tribute for someone who is still alive. What's the rush? Time will tell if such a tribute is really a good idea. Just like US postage stamps. Can't be on a stamp until you're dead.

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  24. The trashcan where the dog dumps are deposited can be the Barth Commemorative.

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  25. Name the crapy Housing Densification Plan after Barth. Its actually smells much worse than dog dumps.

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  26. Name the bar scene the Kranz drunkfest!

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  27. Slimy Gus should not be at council meetings unless it's as a private citizen. He should be locked out of city hall. Why hasn't this been done??

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    1. Because he still has the council under his sway of influence..

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    2. Did you here all that shit about E-town hall said it is reliable because E-town hall said it was. Communications Officer explained it was safe but not sure about why.. That was hilarious when it was then reminded that someone used Shaffers name and many others games the systems. Yet Vina repeats the stupid false mantra. They should lock him out of City Hall today!

      He did almost as much harm to Encinitas as $tock$.

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  28. Blakespear is trying to implement protocol that she is familiar with. Seems to indicate she also has a preconceived agenda for being on the council. By all indications, that doesn't bode well.

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    1. That is exactly why I did not vote for her. I saw it coming.

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  29. It's not like Blakespear's proposal came out of left field. There is State legislation allowing mediation (Gov. Code 66030-66035) but it appears to be geared to the preliminary stage in a law suit and under supervision of the court. The legislation doesn't limit the use of mediation so it could be part of the local process. And mediation of local land use disputes is done in other states.

    For all here who bemoan the "more of the same" mentality, I'm surprised (actually I'm not) that so many here have derided the idea out of hand. The devil is in the details so I'm not sure if I would be supportive of mediation but I would like to know more about it.

    This blog's raison d'être is supposedly good government but it's more and more looking like just an excuse to be juvenile (6:13 PM "The trashcan where the dog dumps are deposited can be the Barth Commemorative").

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  30. The trashcan comment is freedom of speech against someone that drove bad decisions and put a ugly face on politics in Encinitas. Gaspar's windfall of votes was for a reason and now Barth is trying to save face since she is so disliked in this community. She earned it.

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  31. 6:13 PM Brilliant satire. Apparently 10:30AM is easily offended.

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    1. I'm offended?? Please.

      You're only partially right. I am offended that it's called brilliant satire. I guess I had higher hopes for Encinitas with its large percentage of educated citizens. What's next, Pepsi coming out your nose? Oh right, that's a sight gag. You can always make it a GIF.

      Ah yes, the old "freedom of speech" trope. Just because you can means that you should. Yada yada yada.

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    2. This comment has been removed by the author.

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    3. 12:20 PM Phony highbrow - intellectual stink coming from this post.

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    4. You should know about "intellectual stink". You don't have to worry about highbrow on this blog, phony or otherwise. By the way, what is intellectual stink anyway?

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  32. When exactly does Vina leave, does anyone know? Does he get a severance and if so how much?

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    1. No severance because he left for another job.

      But no penalty even though he violated his notice clause.

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  33. Can the Council put mediation into action do this without consent of the people on a ballot? Can the City Council just decide this is the way to go? If so, this scares me. I once took an appeal to Council. The room was packed and I cannot help think that swayed the Council. We really don't have that many appeals to the City Council and I have watched Encinitas Politics for a long time. Hopefully, if they do this, they won't hire a mediator. Perhaps Catherine thinks she would do it, since she is a lawyer. That, however, would really be a conflict of interest, as I am sure she already knows.

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    1. You have brought up an important point about land use disputes in that it's often more than two distinct parties and how would that be handled in mediation. That's what I was referring to about the details (10:30 AM). How would this work?

      Other than what she wrote in her report and said at the council meeting, I have no idea what she is thinking. Blakespear did say that the mediators could be volunteers from the community.

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    2. Blakespear's idea of volunteers from the community is more that ludicrous. It is down right laughable. This council person is greatly disappointing me the more she speaks. She has been one more addition to the already "idiots" that she is serving with.

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    3. I have heard Shaffer is not running again in 2016. So, who do we want to run? It has to be a person who has been around the city a while; doesn't have too much baggage; is willing to take months out of their life to run (and money); and then serve for four years while people find reasons that they are not perfect. It's a hard gig and one not too many people without huge egos, or no job, are willing to take on. Think of who we have had, and have now. Stocks-insurance salesman; Dalager-knife sharpener; Guerin-didsability queen; Kranz-huge ego now that Ecke will talk to him; Muir-retired; Gaspar- who knows; Barth-retired; Shaffer-depends on what day you talk to her; and so many others. Maggie truly seemed to have a passion for our community and that spoke volumes to me. I didn't always agree with her, but I admired her commitment. So, who are the others that have been any good?

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    4. 2016 is a long way off. Two long years is all I can think about with this group of "idiots".

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  34. And remember most disputes are about land use.

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