What’s in a name?

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I’m pretty unhappy that I know the name of the shooter that attempted to assassinate former President Trump. If you don’t know his name, I’m not going to be the one to enlighten you…

My personal feeling is that it’s unconscionable that the press puts the names of such people out there. Law enforcement must, in the name of full disclosure, but it’s the press that gives them posthumous fame. My distaste for this is not because of concern for their families. Often their families are complicit, through ignoring red flags, if nothing else. My reasoning is that many of these individuals are doing it for that fame. How many other disturbed people see this and think, “At least I will be recognized”? What other heinous acts are being contemplated by disturbed individuals seeing this shooters name plastered across all media?

I knew the names of the killers from Columbine. I knew the name of the Boston Marathon Bombers. I knew the name of the Aurora, Colorado shooter and the man that shot up the music festival in Las Vegas. I know the name of Sharon Tate’s killer cult. I know the names of the brothers famous for killing their parents. I know the name of President Reagan’s attempted assassin. I know the names of JFK’s assassin and clear back to Lincoln’s assassin. I’m sure this is enough to bring many of those names to your minds… None of this information is valuable to us nor does it protect us. All of this could be the catalyst that causes a continuation of this murderous loop.

What’s in a name? For some people, this is their way of achieving their 15 minutes of fame. Let’s stop making that possible.

Chevron Deference

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I wrote a bit on this last January (here) when I first heard the Chevron Deference was up for consideration by the Supreme Court. (Kiplinger’s follow-up article here.) Now there seems to be a huge uproar over this or to paraphrase the words of Charlie Daniels: They’re all out there steppin’ an’ fetchin’, like their heads are on fire and their asses are catchin’… (from Uneasy Rider)

Saying that we’ve always done it this way, fails to recognize that the Chevron Deference is a product of the 80’s, not something springing from the Constitution. It was a case where the courts gave up their constitutional power to interpret laws, ceding it to the administrative agencies. This has been abused by the agencies and aided by lazy lawmakers, who intentionally or unintentionally write ambiguous legislation.

Unfortunately, the agencies are abusing their power over their clients, the citizens of the United States, while also ignoring their bosses, the Senators and Representatives that write the laws. (Check out this video of Democratic Senator, Joe Manchin, schooling Treasury Secretary, Janet Yellen, on the way that agency is disregarding very specific language in a Law he wrote and helped pass.) Unambiguous language in legislation is rare, but even when it’s in place, it requires legislators to be enforcers, as with the above video or citizens to risk their livelihoods taking them to court. The Chevron Deference had been used to give the advantage in these situations to the agencies as the de facto experts.

I seriously feel that the various bureaucratic agencies are being allowed to run the show. Even granting them the benefit of the doubt on knowing a lot about the things they oversee, bureaucracies tend to be invasive. They try and make themselves seem more valuable by growing and inserting themselves into more things. This is true with private bureaucracies and seemingly more so with public bureaucracies. When President Biden said we’re going to add 80,000 more IRS agents, I never heard the IRS say, they could get by with 50,000 or even lets start with 30,000 and see how it goes… No, they gladly accepted the growth, the larger budget and the increase power that came with this.

IRS: You owe us money. It’s called taxes. Me: How much do I owe? IRS: You have to figure that out. Me: I just pay what I want? IRS: Oh, no! We know exactly how much you owe. But you have to guess that number too. Me: What if I get it wrong? IRS: You go to prison. ME: [rifling through papers] Ok this is all kind of confusing, but I think this is how much I owe. IRS: Yikes, looks like you missed a number somewhere. I guess you’re going to prison. ME: [being handcuffed] Can’t argue with justice! – Jordan Stratton

As I mentioned on the previous post here, the agencies’ positions and enforcement can swing wildly based on whichever party is in office. Taking the political positions out, at least as much as possible, by putting it back in the hands of the judiciary, seem prudent. Acknowledging their expertise in these things, it would make more sense to bring them in when the law is being crafted rather than waiting until it’s in place and subject to their, sometimes bias, interpretation.

The striking down of the Chevron Deference seems to make perfect sense to me, but only time will tell. While in place, it was interpreted broadly, which caused the problems leading to the Supreme Court’s review. Doing away with it may create a new set of unintended consequences, but with government in general, less is better…

Dunes Approvals

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The Dunes received a major subdivision plat approval and site plan approval from the Culver Plan Commission on June 18th and from the Culver Town Council on June 26th. This was somewhat a foregone conclusion since Culver has been working with the developer for over a year on this project. It was interesting though that neither entity passed these approvals unanimously.

The preponderance of people in attendance at the meetings were against the project. Some in its entirety, but most in its scale. Some (falsely in my opinion) called the Town to task for not communicating enough and not listening to concerns. (If there is one thing that I would say Culver is above average in, it’s communication with its citizens…) There were also those that attempted to complain on both sides of the issues, saying it was too big, but might be left incomplete; it was being pushed to quickly, but the developer shouldn’t be give 8 years to complete it; it was not planned to be part of the community, but but it should be connected directly to State Road 17, to direct traffic out of community.

I remain generally in favor of the project. I am a little disappointed in the the follow through on requirements the town had placed on the project. The project presentation to the plan commission has been delayed twice because of engineering questions being unanswered. As presented, at the meeting, most of those were answered “in concept”, but details were still not complete. There were also pending questions regarding the projects connection to South Main Street that were not complete. And then there was the statement from the developer that the town would be receiving a lot of money from increased TIF capture on this project which could be directed towards some of the short falls in water and sewer needs. Many of these things affect adjacent property owners, including a wetlands and the town’s own well field, while the money being proposed for water and sewer improvements had previously been suggested for other TIF district needs not connected to this project. I would have liked to have seen all these things tied down before authorizing them to proceed.

I was pleased that many of the questions from the audience were addressed, but I have concerns with their substantiation. I do not in anyway want to speak ill of the developer and their honesty regarding the project, but the answers given were off-the-cuff, having little if any documentation or requirements of follow-through. Many of the questions were, frankly, not the business of anyone but project investors, but the reassurances carried no weight. While I trust that everything said was in good faith, there is nothing that keeps them from changing direction on them if economics of the project suggest better uses of funds. As suggested here before (second to last paragraph), their development agreement included none of the delineated requirements seen in past agreements.

That said, I think many of those protesting this development fail to understand that this project was not a surprise, but something that has been in the Town of Culver’s plans and one of their goals for over a decade. When the Culver Garden Court property was annexed around 2010, the surrounding property was annexed as well. It was rezoned as R-2 to promote housing in that area. When the last revisions to the Culver Zoning Ordinance were completed, R-2 was rewritten to allow higher density developments. The 2014 Comprehensive Plan suggested, due to citizen input, that more housing is needed. The Stellar Communities surveys of 2016 and 2017 indicated more housing is needed. The 2024 Comprehensive Plan still indicated the need for more housing, even with The Dunes under discussion. This was not a project that required a rezoning or multiple variances to make happen. It fits with the planned development of the town.

Do I think things might have been done better? Always. Until I’m appointed benevolent dictator, I will most likely always see alternatives that I would have pursued. (I still have questions about whether it follows the Culver Complete Streets Ordinance, whether there were drywells added, where they drain and who owned them, and whether the wetlands have been properly addressed, etc.) Do I think those in charge were (mostly) following the will of the majority of citizens? Yes.

Sand Hill Farm Apartments – Blast from the Past

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I was going through some old posts and ran across this video the Culver Visitors Center created when Sand Hill Farm Apartments first opened: https://drive.google.com/file/d/1ejjSup5eoh-Rfs266NGxjJ2d42b35t21/view You can tell it was early on because the joy john was still in the parking lot! Ha!

Since opening, we have tried to continue to make improvements. We installed an Amazon Hub, a bike rack, a fire pit and firewood rack (which we periodically fill), some pines to hide the ugly Culver lift station, some trees, a new site sign and this year we mulched the parking lot islands and planted creeping thyme, and will be planting some more trees. We’ve also set things up so the residents can access Surf Internet as well as the Mediacom service, which was there originally.

I would still contend that the construction of the Damore Amphitheater and Sand Hill Farm Apartments are what tipped the scale for Culver’s Stellar designation. We want to maintain Sand Hill Farm Apartments with that same leadership going forward.

Rick Hensley

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Rick (Richard Ray Hensley II)

Easterday Construction Co., Inc. has lost another good friend. Rick passed away last week and I attended his funeral today. Rick battled cancer against the odds his Doctors were giving him, and he outlived the expiration date they gave him through sheer will and love for his family. He always had a passion for life and a positive attitude. Losing this friend at only 45 years old is heartbreaking.

Rick and his company, Artizan Flooring, has done multiple projects for us over the years. I’ve never had a second thought about taking him to meet a client. He not only made a good impression for himself and his company, but also for Easterday Construction. He also respected that relationship, looking out for our reputation as well as his. I could always trust him to make the best recommendation possible and to follow through on whatever he said. He would never consider end-running us on a client we introduced to him.

As an example of Rick’s integrity, on one of our first projects together, he made a recommendation at Sand Hill Farm Apartments for the installation of a sound dampening underlayment beneath the vinyl plank flooring in the second floor units. Within 6 months of the installation, the vinyl plank began losing adhesion and curling. Rick fought with the manufacturer over this and when he received no satisfaction from them, he removed the plank, removed the underlayment and reinstalled the plank at no cost to us… because he had told us it would work and it didn’t. That made a huge impression.

While Rick will be missed, we hope to continue our relationship with his wife Amber. She assumed the leadership of Artizan Flooring when Rick had to step back and continues to move the business forward. If you have any flooring or tile needs, please search them out at their Plymouth store. I am confident they will continue forward with Rick’s credo.