McCOWEN’S DISPENSARY FEES
Editor,
Supposing Supervisor John McCowen will take a hard line on dispensaries will entirely depend on how many fees McCowen can impose. Remember a little while ago, McCowen spearheaded the Measure B campaign to repeal a 25 plant limit and impose a 6 plant limit. He even went as far as setting up a snitch hotline to “monitor marijuana law enforcement in the future” and “a special contact phone number, 467-3636 has been established,” spouting also that since Measure B passed “we have told the world Mendocino County is no longer the best place in the nation to grow commercial marijuana.” (google: yes on B coalition June 20, 2008)
Now fast forward to the 2010 Supervisor campaign and McCowen’s need for more media coverage and we have a major supporter of Ordinance 9.31 and a 99 plant exemption.
So when it’s time to get McCowen elected he will support legislation that not only completely destroys the Measure B voters’ victorious decision, but also makes Mendocino the best place to grow commercial Marijuana, contrary to his victory slogan after Measure B’s slim 52% victory.
Now he’s saddling up the dispensary ordinance to ride it for the next election cycle. Plenty of radio interviews and newspaper quotes will keep his name prominent. His challenger won’t have a chance at the same media opportunities.
Will the voters of Ukiah trust him after his Measure B lie? Will the newspapers expose his outrageous taxes on the sick and weak that he dishonestly describes as fees? Will they support politicians that set up vigilante snitch hotlines?
Jim Hill
Potter Valley
PS. About half of the $600,000 in fees the Sheriff claims 9.31 brought in were from plea bargains negotiated by Eyster.
9.31, a land use regulation!
A land use regulation, half of the revenue comes from convicts.
And the other half comes from the sick and elderly.
We call them fees when they are really taxes.
9.31, a tax on the sick, elderly, or convicted.
I suppose after you’ve taxed everyone else these are the only groups left.
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NO DOWNTOWN DISPENSARY
Editor,
Why we don’t want a Marijuana Dispensary in Downtown Boonville
The Anderson Valley Community Action Coalition is concerned with the impact of the proposed centrally located marijuana dispensary on our youth. Marijuana use is increasing among youth ages 12 to 17 and this increase parallels the legalization of medical marijuana. The adolescent brain is not fully developed and we know marijuana affects motivation, memory and learning. We strongly believe that anything that increases access or encourages use in young people directly or indirectly will harm our youth and our community.
AV High School has an open campus with many students visiting downtown every day for lunch. Although smoking on the premises will be prohibited at the proposed site, one would have to be naïve to believe that customers will wait long before lighting up newly purchased marijuana. The alley between the dispensary and Lauren’s restaurant could be a prime location for a quick smoke.
We anticipate a wealth of problems including but not limited to poor role modeling, the sharing of marijuana with minors, intoxicated driving and the crime big money transactions attract. All these things could affect us and our neighbors. Lauren’s Restaurant serves many families and frequently hosts community events. The family oriented AV Fairgrounds which is the pride of our community, is just across the street. The Valley Bible Fellowship Church, which often serves as a private school, is located only a few feet away.
We find it concerning that the business license application for the proposed dispensary to be named (“Mendocino Generations”) makes absolutely no mention of marijuana, which seems intentionally misleading. Is the landlord aware that given the fact that the Federal government still considers marijuana an illegal drug his tenant will be putting his property at considerable risk?
It is clear that this location in downtown Boonville was chosen with little regard for community wishes. Ultimately it will be much better if this dispensary does not open without an ordinance in place. What is the rush? Lake County just passed an ordinance stipulating that the total number dispensaries shall not exceed five but unfortunately there are already ten, so five will have to close.
The Mendocino County Grand Jury has recommended a moratorium on the establishment of any new marijuana dispensaries until an ordinance is in place. Looking at existing ordinances we see a limit on the total number of dispensaries, exclusion from central downtown areas, prescribed distances from schools and other youth serving organizations, a required minor use permit, background checks on owners and employees, limiting sales to only those who live within a specific geographic area and compliance with health department regulations on edible products. To date there has been no opportunity for the public to participate in the ordinance process.
Here in Anderson Valley we would rather put the horse before the cart. Let’s get a grip, slow down and work together to craft an intelligent ordinance, learning from the mistakes that other communities have made.
Respectfully Submitted,
The Anderson Valley Community Action Coalition
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INDIAN EDUCATION
Editor,
I am a member of the Sherwood Valley Rancheria, Founder, CEO of Native American History Project, Inc. and Director of the Higher Education Committee, acronym HEC. As a former member of the Mendocino-Lake Community College District Board of Trustees, I observed and experienced first-hand the politics, the façade of equality, and the policies that govern the college. There are 14 federally recognized tribes within the district boundaries, yet only a small percentage of first-time Indian students enroll at Mendocino College and an even smaller percentage graduate from the college. President Lehner can’t claim ignorance to American Indians’ concerns for a Indian presence at the college since she was VP Academic Affairs in 2003.
On 6-8-2010, HEC introduced an American Indian Studies Program plan to President Lehner, VP of Education Student Services Randall, VP of Administrative Services Perryman and then Board of Trustees President Chaniot. Lehner stated she would support the program if HEC secured funding, Chaniot supported HEC‘s efforts to negotiate financial support, Randall indicated the Curriculum Committee must take part in developing the program, and Perryman made copies of the presentation. Since 1973, no Native American Studies Program at the college until a “Modified Degree “Associate of Arts degrees in General Studies-Native American Studies and Liberal Arts-Native American Studies” was approved on the Consent Agenda at the 4-6-2011 board meeting. From June, 2010 — May 24, 2011, neither the Board of Trustees nor Administration cited Policy against HEC to stop its endeavors to secure funding for an American Indian Studies Program which would have supported a full-time American Indian Instructor and a full-time American Indian Outreach Counselor.
On 2-16-2011, I emailed Board President Clark and Under the Guide to Public Participation at Public Board, “Placing Matters on 3-2-2011 Meeting Agenda, requested a Letter of Support from the governing board to institute the program in partnership with the college.” HEC was scheduled and then postponed for two meetings, then rescheduled for the June 1 Board of Trustees meeting. President Lehner requested that I meet with board President Clark and herself on 5-24-2011 to discuss the Presentation scheduled for the June Board meeting. At the meeting Clark handed me a copy of Mendocino-Lake Community College District Board of Trustees Policy 902, which stated the board gets their directives from Lehner, and Lehner then stated that she gets her directives on curriculum from faculty. Clark declared the HEC presentation was unnecessary and would not take place at the June Board meeting because of policy. On 5-25-2011 I emailed President Clark and requested that the HEC presentation remain on the June 1, 2011 agenda.
6/1/2011, Board Agenda Item 8. PRESENTATION (Time Certain 6pm) (Demanded)
8.1 Native American Education (Time limited-Five Minute Presentation). Community Member requested Agenda Item — Presentation by Verle Anderson.
Following is a quote from the June 1, presentation.
“Under the Board of Trustees Guide to Public Participation at Public Board, Placing Matters on Meeting Agenda, HEC is asking the Mendocino-Lake Community College District Board of Trustees to place the following item on the July 6, 2011 Agenda under the June 1, 2011 Future Agenda Item Section. HEC, under the guidance of Native American History Project, Inc., a community organization is requesting a written document with the approval of the Board of Trustees based on Policy 902 with a directive from President Lehner and faculty to state a position on HEC’s endeavor to secure funding under the Mendocino College Educational Action Planning Committee Guidelines for Program Management to augment the newly approved modified Native American Studies program. The purpose of an American Indian Studies Program should be to strengthen and foster community awareness through education, by promoting Native advocacy and equality in the growth and “Continued Improvements to integrate the best practices in education” for the newly approved Native American Studies Program.
I received the following letter addressed to Ms. Verle Anderson, dated July 6, 2011.
Dear Ms. Anderson:
“As representatives of both the Mendocino and Lake County communities, we appreciated your informative presentation at the Board of Trustees meeting on June 1. You are an eloquent and passionate representative of the Native American communities in this region. We recognize the time and thought you put into your presentation. Each of us learned more about the Native American communities and their struggles. Each of us renewed our dedication to serving those communities through the College.
We hope that you will continue to communicate with us, particularly about sources of funding that can assist with outreach to Native American students and retention efforts at the College. The Higher Education Committee (HEC) has worthy goals and we applaud its efforts. However, as a public institution, we have never partnered with a private non-profit organization on any grant application and we do not foresee doing so in the future. We would not be comfortable-as guardians of the College finances-having any outside group exert fiscal control over any funding for College programs. Therefore, we will not support your request to have the Board officially support HEC in its applications for funding.
“You are welcome at future Board meetings as member of the public and have a standing invitation to work with the Native American Advisory Committee (NAAC) and its subcommittees. Your experience and expertise would be invaluable as the College continues to develop and refine its Native American Studies program, and we are certain that the NAAC and Dr. Montes would appreciate your participation.
Sincerely,
Joel Clark, Board President
On Behalf of the Board of Trustees
Mendocino-Lake Community College District”
I didn’t demand to be put on the agenda and the letter from President Clark did not address my agenda request of a directive from President Lehner. In the Mendocino College Mission, Visions, Values, Strategic Directions and Goals Statements “Communities” appears seven times how much the college cares about the community, but I guess your organization must be mainstream or give funds to the college to use as they see fit.
Verle Anderson
Founder & CEO Native American History Project, Inc.
Director, HEC, 535 Cypress Ave, Ukiah, CA 95482
(707) 462-8325
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WHO’S THE CRAZY ONE?
Editor,
Greetings from Napa State Mental Hospital. I appreciate that you send me your newspaper covering multiple topics, stories and news, both local and worldwide with much variety. I subscribe to various magazines — Cycle World, Ultimate Motorcycle, Guns & Ammo, Playboy, Rolling Stone and more. And I have a collection of novels. But just as I'm ready to read one of them the AVA arrives and I'm impelled by curiosity and learning.
I have a lot of things to comment on, but I want to make one point about the Government and the letdown of those who voted and expected more from President Obama. Note: In here we have a certified mental illness, have committed a crime while criminally insane, and are kept in an asylum. From in here the goings on with people in power and the behavior of many citizens seems to be really crazy. Who in their right mind would believe or buy into what the government is trying to sell?
Right. “Go with the flow.” “Take it like a man.” “It's not our fault,” says Wall Street, oil companies, etc.
What I want to point out as a Vietnam era veteran who served in the US Army Third Armored Infantry Division, 15th Infantry, Heavy and Special weapons — the Veterans Administration sends me a pension check — is how President Obama bragged on television how the special commando forces, the Navy SEALs (see, land, air operations) did Osama bin Laden in. This only made the Taliban guerrilla forces more determined for revenge. Evidently the group who blew the large twin rotor helicopter out of the sky with a RPG (rocket propelled grenade — using a shaped charge to penetrate armor, crude compared to our guided “bazookas”) must have had exacting intelligence from a good or inside source — the treachery of the black-eyed, blackbearded enemy knows no limit, i.e., suicide bombers, holy war against “the great Satan,” invaders of their land for what purpose?
This was probably due in large part to our intelligence agencies and President Obama on a soapbox in the limelight as the one who got Number One Terrorist bin Laden who played the ace as a campaign upper for the next election.
What was the cause of mouthing off by pointing out the Navy SEALs as the ones who did it, instead of keeping it a black, secret operation? The death of 28 SEALS in one blow! It was no accident the Taliban were in the right place at the right time. It doesn't look honorable in protecting these highly trained soldiers. Who knows if they were sold out?
Name Withheld
Napa State Mental Hospital
Napa
PS. I have some other writing related to the ten years I lived on the Mendocino Coast.
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JOE DIRT GOES TO MAURY
Editor,
You might remember me as the prison poet who has shared with you his past. Here's the latest in the saga that has become my life. It feels like my story has become something like Joe Dirt goes to prison. Yesterday, I got a letter from my girl/lover (Kryptonite, my pet name for her because she's my only weakness). My first letter all year mind you, and it stated “congratulations — you are the daddy!” Or something to that effect. Included was a picture of a beautiful baby girl named Stasha, born July 18, 2011. An apology for not writing back but it was too hard. She got my letters and can't wait for me to come home so our baby can meet her daddy.
I admit the baby resembles my previous two and the dates line up exactly. But I can't help but feel like Maury Povitch is in our future. I could never disrespect her at this point with those three little letters — DNA. Right now I'm still in shock over the news. It's our first child and honestly there's no one on earth I would rather have a child with more than her. Hell, my kids called her mom and she's been one of the best things to happen to us. She's been a great mother to them and I always wanted to give her a child of her own. Of course, I would have preferred that this had happened three years ago, not three weeks ago. My mind has been going a million miles a minute and I'm loaded with so many emotions — anger, pride, joy, fear… I don't know whether to laugh or cry and I've done both.
So many questions are running through my mind. Is she really mine? Subconsciously, do I want her to be? And does it even matter? I honestly don't know. I don't have the answer to anything. How could she (the woman I love) leave me in the dark through all this? How could she have gone through this on her own? Can I forgive her or is there even anything for me to forgive? From her perspective can she ever forgive me? I'm the one who left her all alone and the fact remains that this little girl is now going to grow up without a father. She will be 16-months old before I can ever pick her up and look in her eyes and feel that connection that may or may not even be there. It's like deja vu. I've been down this road before with my six-year-old son. It's a long painful ordeal that I wouldn't wish on anyone. It feels like a sick joke that I have to relive it again. What are the odds?
I can hardly grasp the thought of having another child, especially now. Honestly, it fills me with so much pride and so much fear. I'm at a loss for words to describe it.
Words are usually my thing. I wrote Kryptonite back last night and said I was speechless. Anyone who knows me knows that's just not me. I speak my mind and always have something to say about everything.
I hope I didn't come off like poor-me, poor me, or anything else. I don't want to shine a negative light on the situation at all. I just had to clear my head and vent a little bit if you know what I mean. Thank you for helping me get this off my chest.
Loyal to one, second to none,
Ronnie Rhea
Tehachapi
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STAND UP
Dear AVA,
I would like to thank you very much for speaking about me in your story about the drug war, specifically the pot wars. As you pointed out it is sad they keep spending billions on a war they can never win. Sadder, it was never their right or responsibility to determine human behavior. This is supposed to be the land of the free and home of the brave. It is a shame that law enforcement doesn't know how to do their jobs. They get out 80-90% of all drugs busts from snitches and paid informants. They historically don't arrest anyone in the huge mega-gardens found in our public areas which destroy so much. But when you are forced to be a criminal you don't give a damn about us, the land, or Mother Nature. As you said, they target people like me who try to show that the medical marijuana movement can take care of and provide for ourselves without government assistance or interference. The Bible points out that God gave to man all herbs and seed-bearing plants. There was a reason for it. The history of the sacred plant goes back over 25,000 years used by religions and healers in every major civilization ever dug up. If we as a people are ever to win back the rights stripped from us and our ever to be truly free we must unite and rise up and demand that people like Congressman Mike Thompson stand up to the feds and stand up for us. We are the government and if we don't start acting like we know it pretty soon we will have no voice at all. God bless Barney Frank and the others like him with the courage to demand this outrageous war against our own people be stopped. According to the law of the land, not statutes or codes of the law, “the Constitution of the United States” says clearly if there is no victim there can be no jailable crime. Where did we lose sight of what our ancestral liberators fought and died for? They fought duels in the streets of America's capital to see that we were a republic where the rights of the individual were paramount to the king. We were never to be a democracy as the simple definition for that is mob-rule where the majority decides what's right for us all.
To quote Bob Marley, it is time for us all to get up, stand up, stand up for your rights.
Respect all, hurt none, love one another,
Charles ‘Eddy’ Lepp
Lompoc
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TRUE BELIEVER
Editor:
At the risk of serious contumely, scorn and dismissal out of hand, I suggest that Obama not be pushed aside as our leader just yet. It could well be that (a) he did what he had to do in his first term, much of which was dismaying, which (b) he will not have to do in his second, if we give him one. The Republicans have, with sturdy effort, positioned themselves precisely where he wants them: in the irrelevancy slot. His main reelection concerns will likely be with what could be called the “new conservatives,” i.e., the independents. What he needs (I don't think he can, or should, change all that much) is a Democratic Karl Rove to get — and keep — our side focused on task. Just sayin'.
Respectfully,
Don MacQueen
Eugene, Oregon
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THE HORSE IS JUST OLD
Dear Editor,
The person who is harassing Marilyn Pronsolino anonymously on the internet by accusing Marilyn of horse abuse is so wrong. Mrs. Pronsolino adopted the horse when it was 18 years old to rescue the animal and save its life. The past 12 years have been the best years of the horse's life. But, the abuse of the horse was so extreme during the first 18 years of its life, the signs of abuse couldn't be completely erased on the now 30-year old horse.
The anonymous internet attacker is probably an animal lover. This person should discover the backstory on the horse in the Anderson Valley way which is that the person should visit Marilyn Pronsolino at her Signal Ridge Road home and discover the truth of this situation. The person would find that Marilyn is a gentle and compassionate animal lover.
Sincerely,
Ken Hurst
Philo
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NO MORE CASINOS
Editor,
To Eric Enriquez (re Pinoleville 2, AVA, 8/17/11) —
Very well put! I can feel ya in these words. I was born and raised on the Pinoleville roll. As was my father, grandparents and great grandparents. Until Leona took office. By my 20th birthday I got a letter that I was removed. My father and all of his surviving siblings still reside on the rez, unfortunately struggling to have basics like water and electric. My father, a Pinoleville Pomo, worked hard his whole life as a local auto technician, and was able to raise his kids off of the rez. As teenagers we ended up, luckily, back living on the rez. With his disabling medical conditions, he wasn’t able to work anymore. The Pinoleville tribe has not contributed one cent to my family. We have six elders living under conditions that they don’t deserve. Our people deserve respect and preserved dignity. Being disenrolled has only stripped us of our culture. No one can ever remove my memories, values, or loyalty to my family. I don’t know how this dang casino proposal got approved anyway. Who ever thinks that Ukiah needs another one is crazy!
Jennifer Allen Valadao
Ukiah
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BE YOURSELF, BARACK
Editor,
There are a lot of theories as to why Obama is so dismally ineffective. Some say it’s because he’s a tool of the oligopoly; some say it’s because he’s a centrist and has no core political principles. Others attribute it to his being over-intellectualized to the point that he can’t relate to the common people.
I have my own theory. I think it is because he is continuously trying to appear “Presidential.” That was what he had to do when campaigning back in ‘08. What he doesn’t get is that he no longer has to appear Presidential. He IS the President. He can take on any persona he chooses, but he can’t let himself do that. It is both sad and frustrating to see a man who is so gifted not be able to break out of needing to appear to be something he is.
Lee Simon
Far ‘n Away Farm, Virginia
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ALL THE WAY TO THE…
Editor,
Would you like a simple way to help the local economy?
Then use cash or checks to pay for goods and services, especially at locally owned businesses. Why?
Because every time you use plastic the business pays 3% to 5% of the sale to the credit card company. Know that the more benefits you receive, the more you purchase, the higher percentage the business pays for your use of the card.
So you might have thought the bank pays for that airline credit, but really, would you outright ask the owner of a Mom and Pop shop to help fund your next vacation?
And while we’re on the subject, you already know how much it costs you to use your ATM and debit card.
Isn’t it crazy? The more simplified and automated banking becomes, the more profit the bank makes off of our money!
So every time you use any kind of plastic, the bank makes at least 3% (and that’s if you pay your entire bill every month). No wonder they are giving their CEOs $40 million bonuses and laughing all the way to the…
Oops! They are the bank!
Kersten Tanner
Point Arena
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SUE THE MLPA-BASTARDS
Dear AVA,
I don't know if anyone was paying attention or even cares, but if by any chance Mr. David Gurney (name ring a bell?) is correct in what he claims in the June 15 issue about the non-officiality or existence of the Marine Life Protection Act, then I for one would start a mini-campaign to not only sue each and every participant involved in the scamarama for the fraud promulgated and promoted against the citizens of Northern California and its coast cities. They can be sued individually and in their “official capacities” (if they in fact have any) but besides that, due to whatever results or deprivations their actions may have caused I think I would be checking with the District Attorney and Attorney General to find out if in fact criminal charges can be brought or if they have the fortitude to in fact arrest and charge any of these falsifiers.
D. Dustin
Corcoran
PS. Mark Sprinkle, hang in there. Relief is coming and you should go to the law library and read House v. Bell (2007) for innocence and get back in court.
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GROSS
Editor,
My family moved to Ukiah from Los Angeles 34 years ago-when I was 13 years old. I spent 10 years here and then moved away, mostly living in Northern Inland Mendocino County for 21 years, and then for the last 2 years in Berkeley. I moved back to Ukiah with 2 of my children last month. We are happy to be living right downtown where we walk most places, having gotten used to this from living in Berkeley. Two weeks ago my 10 year old daughter asked if we could walk to the park (Todd Grove). It was a warm evening around 6 o'clock and so we made a couple sandwiches, cut up a watermelon, filled our water bottles and walked over to the park.
Not knowing Ukiah very well, when we got to the park we found that we had coincidentally come at the same time as a cheerleading practice was going on. This was not the quiet, shady, early-evening picnic experience I was hoping for but, oh well, we hadn't known that the cheerleaders would be there. We watched and listened as about six groups of approximately 15 pre-teen and teenage girls practiced their cheers. Each group had two to four mothers watching and helping.
As we ate our sandwiches and laughed with each other about being surrounded by 75 shouting girls, I began to observe more closely. Of course I was struck by the similar-to-military quality of all the girls synchronized moving and chanting, but then I listened closely to what the girls (ages 10-12) closest to us were chanting. As three mothers giggled, I heard little girls shouting, “How wide is your receiver, how tight is your end!”
In a word, Gross.
Lest you think me a prude, let me share that I have studied anarchy for over 20 years, home-schooled my children and taught them critical thinking skills and the value of thinking for oneself. My past includes being a direct action activist and my present includes being a lesbian. I support abortion rights, free speech, dissent, and a huge variety of radical interests. I enjoy a raunchy joke. Besides radical friends, I enjoy sharing company with various conservatives, ranchers, Christians, and “some of my best friends” are liberals.
But— my daughter and I packed up and moved over near the gazebo, where we felt much more comfortable among the tattooed, mohawked, dreadlocked, skateboarding, drumming, hiding bottles in brown paper bags crowd.
Ukiah — I had forgotten how Gross you could be.
Sincerely—
Not Jane Smith
Ukiah
PS. About 20 years ago I shared space in a police van for quite a few hours with Bruce Anderson when we (and others) were arrested at Enchanted Meadow. I was nervous to be in custody, but also appalled at the disrespectful way so many of the other activists spoke to law enforcement. I noted Mr. Anderson’s respect and it influenced me in my evolution as an “activist.” My study of anarchy began after reading an essay entitled “Theory of Anarchy” by Edward Abbey which you reprinted in your paper. We are all tender beings who enjoy being liked and respected, and your fierce commitment to telling the truth in your paper has, I know, put you in the unfortunate position of being reviled and disrespected many, many times. I have always appreciated and respected your “activism” and know that a dedication to truth can often be a lonely road to travel.
Ed note: A few years ago I was in the Boonville gym for a basketball game. As the hometown team took the floor to warm up the most appalling rap song accompanied them, the usual chanted, high decibel recommendations for rape, murder and mayhem. I hustled over to the principal to complain. “But the kids like it,” he said, and here we are.
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LAURA, PLEASE, NOT DOWNTOWN
Dear Editor:
A note regarding the cannabis store in downtown Boonville. We are tardy in expressing our thoughts, but so very sorry to see this establishment in the heart of our little country town.
Many reasons come to mind. One being, Who is the store serving? Locals? Most of whom either grow it or have easy access? The transient traffic on Highway 128? High school youth on lunch break?
I have talked to families who don't want their children anywhere near this outlet which means businesses will suffer. We worry about Lauren's restaurant business. Parking is a premium downtown at some hours and this nuisance outlet will undoubtedly bite into hers for lunch and dinner. One Mother told me they would not be eating at Lauren's as long as this store is next door. I would hate to see the place as a hang-out for high school kids at lunch time — or anytime.
Really not wanting to debate the use of the product here. Do what you please in your home, but not in the heart of Boonville.
Most sincerely,
Jim & Robin Lindsey
Boonville
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ALL MAIL RECALL
Editor,
I would like to remind the voters in the City of Point Arena that their August 30, 2011 Recall Election is an “ALL MAIL” Election. There will not be a polling place for this election. Please remember to mail your ballots early so every ballot can be counted.
We have asked the Point Arena Post Office to hold any ballots received on Election Day — August 30, 2011. This will allow us to drive over and pick up any ballots that are received by the Point Arena Post Office on Election Day.
For additional information, please contact the Election Office by calling 707 463-4371.
Susan M. Ranochak
Mendocino County Assessor, County Clerk-Recorder
Ukiah
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WALK, DON’T RUN
Dear AVA Editor Anderson:
With all due respect, I beg to differ with a certain characterization made by your court reporter in the August 17, 2011 article entitled, “Pros & Cons.” In commenting on a specific marijuana case that resolved in June that involved defendants who were required to pay eradication restitution pursuant to Health and Safety Code § 11470.2 and forfeit seized assets, Mr. McEwen summarized the resolution as follows: the defendants “paid their eradication fees, forfeited the booty and walked.”
The use of the word “walked” — and its implication that money was paid that allowed the people to “walk away scot-free” (meaning, according to the dictionary, without penalty or consequence) — causes me to pause in disagreement. If this implication is what Mr. McEwen intended to convey to your readership, the readership has been misled and Mr. McEwen did not understand what happened in court.
If, instead, Mr. McEwen used the word “walked” to mean that the defendants each admitted criminal liability, were placed on two or three years probation, ordered to submit their persons, real property, and personal property to search and seizure with or without cause and with or without a search warrant on demand of a peace officer, ordered to perform community service hours, ordered to comply with local ordinances and state law, and ordered to pay court fines and fees, on penalty of jail time up to one year for any violation, then I would agree that each defendant “walked” by that definition because, indeed, that was the final disposition!
I personally view the disposition in question, as well as similar dispositions, as being in the overall interests of justice, consistent with public safety needs, and protective of the checkbooks of the local taxpayers.
Thank you for this opportunity to clarify.
C. David Eyster
Mendocino County District Attorney
Ukiah
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Memo of the Week
Dear Mendocino County workers:
If you have not already heard, I am transferring to Sacramento County. I requested the transfer when I thought negotiations were concluded. It is for family reasons. My parents are nearly 80 and in declining health, one of my sisters has been caring for them until now, and she can no longer shoulder the burden alone. I have enjoyed working for you all. I know things have been tenuous recently and for that I apologize. I want to direct you back to the beginning of negotiations when we talked about tactics. I said many times that the County will try to wear you/us down. It’s not an uncommon tactic in negotiations. If you can muster up a sprint for the finish line it would be a good idea. You have all been amazing. You have a great negotiations team, I will continue to work with them in any way possible to conclude this process. I can offer you this — we have never had the intention of dragging this out. We have an obligation to do the right thing for all of you. Take care of one another and thank you for your support while I have had the honor of representing you.
Sincerely and affectionately,
Jacqueline L. Carvallo
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