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1970/05/18 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES May 18, 1970 The Council of the City of Rohnert Park met this date in regular session commencing at 7:05 p.m. in the City Offices, 435 Southwest Boulevard, Rohnert Park, with Mayor Smith presiding. Call to Order Mayor Smith called the meeting of the regular session to order at approximately 7 :05 p.m. and led the pledge of allegiance. Roll Call Present: (4) Councilmen Buchanan, Hopkins, Roberts and Smith Absent: (1) Councilman Rogers Staff Present: City Manager Callinan, Assistant to the City Manager Albright, City Attorney Maxwell, Superintendent of Public Works Wiggins, En- gineer Hudis and County Planner Wes Vail. Approval of Minutes Upon motion by Councilman Roberts, seconded by Councilman Hopkins, and unanimously approved, the minutes of May 4, 1970 were approved as submitted. Approval of Bills Upon motion by Councilman Buchanan, seconded by Councilman Hopkins, and unanimously approved, the bills presented for approval were approved in the amount of $23,005.62. Communications Communications per the attached outline were brought to the attention of the Council. No action was taken on any com- munication except as noted specifically in these minutes. Employee Grooming City Manager Callinan read a letter from Robert L. Halk and a Declaration of Position of John Reed PTA, both of which expressed opposition to liberalization of the City's hiring practices and regulations to allow lifeguards with long hair and beards. Resolution No. RESOLUTION URGING THE RETENTION OF THE PETALUMA OFFICE OF 70_64 THE DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT City Manager Callinan summarized the resolution prepared in response to a similar resolution from the City of Petaluma. Upon motion by Councilman Buchanan, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 70 -64 was adopted. Senate Bill Mayor Smith summarized Senate Bill 570 which would allow No. 570 the "homeowners cost" for undergrounding of utilities to Undergrounding of be included in assessment districts. Utilities Mr. H. E. Boyette, P.G. & E. was present and at the request of Mayor Smith spoke briefly regarding Senate Bill 570. Page m2- Discussion followed. Upon motion by Councilman Roberts, seconded by Councilman Buchanan, and unanimously approved, the Mayor was author - ized to write to the State Legislative representatives c-on- veying the Council's support of SB570. Paul Golis was recognized and requested Council to ask P.G.O. to make a study regarding total costs of under -- grounding utilities in Rohnert Park. Senate Bill 626 Mayor Smith briefly explained Senate Bill 626 which would require the State to reimburse local agencies for property tax losses as a result of property removed from tax rolls due to agricultural preserve status. Discussion followed. Upon motion by Councilman Buchanan, seconded by Councilman Roberts and unanimously approved the Mayor was authorized to write to the State Legislative representatives conveying the Council's support of SB626. ABAG representatives City Manager Callinan advised of the need to designate a representative and alternate to the Association of Bay Area Governments. Upon motion by Councilman Roberts, seconded by Councilman Hopkins, and unanimously approved, Councilman Hopkins was designated as representative and Councilman Roberts as alternate to ABAG. League of California City Manager Callinan advised of the need to designate a Cities, Redwood representative and alternate to the Redwood Empire Division Empire Division League of California Cities. By consensus of the Council, Mayor Smith will be the representative and vice Mayor Hopkins alternate. Job Description Parks A brief discussion was held on the job description for the and Recreation Direr- new position of a full -time Parks and Recreation Director for and the recruitment of same. Upon motion of Councilman Buchanan, seconded by Councilman Roberts, and unanimously approved, the job description prepared by City Manager Callinan for a full -time Parks and Recreation Director was approved and authorization was given to begin recruitment. Birth of Councilman Councilman Hopkins requested that the record show a son Hopkins son was born to Warren and Joanne Hopkins on May 16th, at 12:38 p.m. Babe Ruth Baseball Councilman Hopkins advised that the turnout for Babe Ruth Baseball was great enough to warrant formation of another team and that approximately $300.00 would be needed to purchase uniforms and equipment. A brief discussion Followed. Page -3- May 18, 1970 Upon motion by Councilman Hopkins, seconded by Councilman Buchanan, and unanimously approved, the expenditure of approximately $300.00 was authorized to buy uniforms and equipment for the additional Babe Ruth Baseball team and league. Stop Signs Councilman Roberts initiated a brief discussion on the possible need for stop signs at several intersections in Rohnert Park. City Manager Callinan advised that a resolu- tion had been prepared authorizing the stop signs mferred to by Councilman Roberts and would appear a little later on the agenda. Visiting Nurses Councilman Roberts advised that May 24 - 30 was Visiting Service Week Pro- Nurses Service week and requested Mayor Smith to sign a clamation proclamation to that effect. The proclamation was read by Councilman Roberts and thereafter signed by Mayor Smith. National Realtors Harold Griffith, on behalf of the Sonoma County Board of Week Realtors and in recognition of National Realtors Week, made an appearance and presented each Councilman with a copy of "Under All Is the Land ". Sonoma County Hous- Referring to a resolution received from the Sonoma County ing Authority Board of Realtors in December, 19699 Mayor Smith initiated a discussion regarding establishment of a Sonoma County Housing Authority. City Manager Callinan read the Board of Realtors resolution recommending formation of a housing authority at the county level. Discussion followed. Resolution No. Motion was made by Councilman Roberts and seconded by 70 -65 (not adopted) Councilman Buchanan to adopt a resolution by title sup- porting the formation of a Sonoma County Housing Authority, Another brief discussion followed during which City Attorney Maxwell advised that Sonoma County would have jurisdiction over Rohnert Park if such a housing authority were estab- lished, whereupon Councilman Roberts withdrew his motion for support and the resolution was not adopted. Paul Golis Mayor Smith started a review of Mr. Golis' letter dated May 79 1970, requesting one hour on the agenda of the May 18th City Council meeting toe 1. .Answer/ the City Attorney's report filed on May 4, 1970-, 2. Request the termination of City Attorney Maxwell's services-, and 3. Request that the matter of Councilman Roger's alleged conflict of interest be referred to the Sonoma County Grand Jury. After Mayor Smith mentioned item No. 2, City Attorney Maxwell requested recognition. Mr. Maxwell commented on recent publicity, read a portion of the Brown Act, and Page m4- May 189 1970 requested that any charges to be made by Mr. Golis regarding termination of his employment by the City be heard in closed executive session. ,yor Smith read a statement, the original of which is attached to the original of these minutes. At approximately 8 :10 p.m. Mayor Smith adjourned the regu- lar meeting to an executive session, but due to Mr. Golis's refusal to appear and speak in a closed session the action was withdrawn. Mr. Golis requested permission to speak to Mayor Smith's ruling but was refused. Mayor Smith invited him to file any prepared statements with the Clerk. In lieu of spearing Mr. Golis filed with the city a statement entitled "Answer by Paul Golis to Report of City Attorney on Charges Set Forth in Petition Filed With the City Coun- cil on April 20, 1970 Given Before the City Council on May 49 19704, the filed copy of which is attached to the original of these minutes. Mr. J.D. McQuaid and Mrs. Jane Giles spoke in support of Paul Golis's attempt to speak. Councilman Hopkins made a motion to have an open meeting within the next seven days to discuss the charges made in the McQuaid petition filed April 20, 1970, and that it be the only item on the agenda. Mr. Louis Beary spoke in support of Councilman Hopkins motion. Councilman Hopkinb motion died for lack of a second and Mayor Smith ruled the matter closed and moved on to the Planning and Zoning Matters. File "ivo. v ^v9j4 City Manager Caliian reviewed the use permit application Sonomarin German of the Sonomarin German Shepherd Dog Club to use Benecia Shepherd Dog Club Park on August 9th for a dog show and advised the Council that a similar- use permit had been granted in 1969. Mayor Smith leaves Mayor Smith left the Council Chambers at this point the Chambers time being approximately 8 :30 p.m. and turned the chairing of the meeting over to Vice -Mayor Hopkins. Upon motion by Councilman Buchanan, seconded by Councilman Roberts and unanimously approved, the Council approved the use permit application submitted by the Sonomarin German Shepherd Dog Club, Inc, to use Benecia Park on Sunday, August 9, 1970 for their annual Dog Show with the conditions that they provide adequate policing of the area during the show, that all dogs be kept under control, and that the area be cleaned up after the show is completed. Sonoma County Health Paul Golis was recognized and introduced Maurice Fredericks Facilities Planning who.gave a report of the Sonoma County Health Facilities Planning Committee meeting held May 11. He advised that a Page -5- May 189 1970 proposal had been made to set aside Rohnert Park - Cotati as a separate planning area for medical facilities and that a sub - committee was appointed to determine the feasibility of establishing such a planning area. Mayor Smith Returns Mayor Smith returned to the Council Chambers at this point in the meeting, the time being approximately 8 :35 p.m. and resumed chairing the meeting. City Manager Callinan also gave a brief report of the May 11 Sonoma County Health Facilities Planning Committee meeting and advised that since that meeting the name of Rev. Leon Holm had been submitted for appointment to the sub - committee to determine the feasibility of establishing Rohnert Park - Cotati as a separate planning area for medical facilities and that Rev. Holm was willing to serve. Upon motion by Councilman Buchanan, seconded by Councilman Hopkins, and unanimously approved, Rev. Leon Holm was recom- mended for appointment as a representative of Rohnert Park to the sub - committee, to determine the feasibility of estab- lishing Rohnert Park - Cotati as a separate planning area for medical facilities. Paul Golis recommended that Rohnert Park and Cotati and the County Planning Department furnish information to the sub - committee in order to expedite the feasibility study. Sewer Plant Demon- City Manager Callinan reviewed the Sewer Plant Demonstra- stration Project tion Project and advised that Federal Water Pollution Con- trol Administration approval of the plans and specifications had been received and that bids would be opened June 9,1970. Cotati Sewer John Stauff of Yoder - Trotter- Orlobb & Associates, engineers for the demonstration project, was present and gave a brief presentation on the plans and specifications for the sewer main project to connect Cotati's sewer system to Rohnert Park's system. Superintendent of Public Works C.A. Wiggins was also pre- sent and both he and Mr. Stauff answered questions of the Council concerning the project. Upon motion of Councilman Roberts, seconded by Councilman Buchanan, and unanimously approved, the plans and specifi- cations for the sewer main project to connect Cotati's sewer system to Rohnert Park's system were approved. Resolution No. 70 -66 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING ENGINEER TO FILE NOTICE OF ACCEPTANCE OF COMPLETION - Project 1970 -2 Engineer Hudis reported that work had been satisfactorily completed on the Snyder Lane Water Main. Upon motion of Councilman Hopkins, seconded by Councilman Page -6- May 18, 1970 Buchanan, and unanimously approved, Resolution No. 70 -66 was adopted. Upon motion by Councilman Roberts, seconded by Councilman %channan and unanimously approved authorization. was granted to pay Soiland, Inc., contractor for the work in the amount of $10,240.25. Project HUD Engineer Hudis gave a verbal progress report on the Well #6 14S- Calif -333 and Tank #1 project in which he advised that the foundation Well #fi & Tank #1 for the tank had been completed, shop drawings for the tank had been approved, the well had been drilled and casing in- stalled, and an electric log had been run on the well which indicated a very good supply of water. City Manager Callinan advised that a progress payment of $7,558.65 to Argonaut Constructors was in order. Upon motion of Councilman Buchanan, seconded by Councilman Roberts, and unanimously approved, a progress payment of $7,558.65 to Argonaut Constructors was authorized. Recess Mayor Smith declared the meeting recessed at this point in the meeting, the time being approximately 9:00 p.m. Reconvene Mayor Smith reconvened the meeting at approximately 9:10 p.m. Resolution No. 70 -67 RESOLUTION DESIGNATING, AUTHORIZING, AND APPROVING INSTALLA- TION OF STOP SIGNS City Manager Callinan summarized the resolution. Upon motion of Councilman Roberts, seconded by Councilman Buchanan, and unanimously approved, Resolution No. 70 -67 was adopted. Resolution No. 70 -68 RESOLUTION IN SUPPORT OF PETITION 'TO ANTI- . PROPERTY TO COTATI ELEMENTARY AND PETALUMA HIGH SCHOOL DISTRICTS Maurice -11redericks of Cotati Elementary School District Board of Trustees was recognized and summarized the resolu- tion. Upon motion of Councilman Hopkins, seconded by Councilman Buchanan, and unanimously approved, Resolution No. 70 -68 was adopted. Resolution No. 70 -69 A RESOLUTION DETMU1INING UNPAID ASSESS[v=S AND PROVIDING FOR ISSUANCE OF BONDS (Avram Avenue and Santa Alicia Drive Improvement Project No. 1969 -3) City Manager Callinan summarized the resolution. Page -7- May 18, 1970 Upon motion of Councilman Roberts, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 70-69 was adopted. Resolution No. 70 -70 RESOLUTION CONCERNING RATES AT GOLF COURSE City Manager Callinan summarized the resolution. Upon motion of Councilman Roberts, seconded by Councilman Hopkins, and unanimously approved, Resolution No. 70 -70 was adopted. Ordinance No. 129 AN ORDINANCE AMENDING ORDINANCE N0. 63 (Zoning Map Change - AP -143- 060 -37 for Proposed Deer Meadow Village) City Manager Callinan explained the ordinance. Upon motion of Councilman Buchanan, seconded by Councilman Roberts, and unanimously approved, Ordinance No. 129 was introduced. Sonoma County Men's City Manager Callinan reviewed the letter request received Amateur Golf Tourna- from Mr. Ferrari for a reduced rate for the Sonoma County ment Men's Amateur Golf Tournament to be held at the Rohnert Park Municipal Golf Course. He also advised that the Golf Course Committee recommended the same rate of $3.50 per entrant used last year be applied but that the City and Golf Pro Porter cooperate on trophies for the tournament. Upon motion of Councilman Buchanan, seconded by Councilman Hopkins, and unanimously approved, authorization was granted to hold the Sonoma County Men's Amateur Golf Tournament at the Rohnert Park Municipal Golf Course on August 29 and 30 with a green fee of $3.50 per entrant. City Insurance City Manager Callinan reviewed the City's liability and fire Coverage and extended coverage insurance and advised that the pre- miums had been increased substantially for this year. He reported on discussing the matter with City Attorney Maxwell and Tom Feeney. Mr. Feeney, insurance broker for the City, was present and explained possible reasons for the increase in liability coverage premium, some of which were increased exposures, riot coverage is higher, riot problems in other cities, and increased salaries. Discussion followed. Mrs. Giles was recognized and asked if the City was covered at the present time byansurance and was advised in the affirmative. Upon conclusion of the discussion, it was agreed that the City would pay the increased premium for liability insurance to Pacific Indemnity Company but would try and hold Contin- ental Insurance Company to the 3 year policy in force for UMMM May 18, 1970 the fire and extended coverage insurance and that Mr. Feeney would solicit quotes on the latter coverage from other companies. The Council requested City Manager Callinan write the League of California Cities to ascertain if other cities are experiencing similar insurance problems. Public Safety City Manager Callinan advised that Officer Byron McLennan Officers Leaving and Officer Jerry Shaver are both leaving the Public Safety Department. College /Community Mr. Fields of Cotati was recognized and spoke briefly. He Relations Group advised that as a result of the convocation at Senoma State College a group had been formed to promote better relations and communications between the college and surrounding community and that a town meeting had been scheduled for 7030 p.m., May 28 at the Cotati School :building in Cotati and extended an invitation to the Rohnert Park City Council. Adjournment There being no further business, the meeting was adjourned at approximately 9a50 p.m. W De uty Ci Cler AfAYJ2�7910 MAY 1 �) 1970 May 11-70 To Whom It May Concern: On April P-8-1970 I submitted a letter to., the Hohnert Park City Councilo through Mr. Warren Hopkins requesting our names be stricken from the (Petition To Refer The Matter Of The Rogers—Schiller-Storer Syndicate To The Sonoma County Grand Jury) Which my wife and I signed. We were told that this was the only necessary letter that we had to write, Upon the advise of our attorney, Mr. Richard L. Cooper t.we are again requesting that our names be removed from the above -1 mentioned petition. Also we are requesting at this time that our names be removed as of date when our original letter was given to councilman Warren Hopkins'i that date being April 28-191T0 ; Copies Sent To: Mr. Paul Golis Mr. Pat Taylor Mr. Chester McQua(id I 'Y 16, 1970 Mr. jack GQrN,, Hrs. Doris Giert'--' 455 Alta Nvenn'-'. Rohnort Park, CA 94920 Dear Mr. and Mrs. Giertn Youc lettvr raquesting retraction oE yow signature 71 Av� Nvo petition suhmimea to the City connKI vril 20, 1970 by K D. MaCpxUd to noted nnd w!J:L 06 HIM with the nriginal copy W the petition to show your writtnn request for removal. Sincnrely' Vernon P. Smith .Mayvz: VPS g 01, Kay 14. 1970 Mr. Robert Lewis Brown mm. Pmilinn Eugenia Brown 429 Alta Avnna(:,, nohnert Park, CA 94928 near or. and mrq. Brown,,, four lettar requesting retmatinn (Y yrmv: &KInatuire Grom the natition WmAtIvy! W Cho Wtv Council m�-.i April 20, 1970 hy he filaa with the Q011 :Y(W? WritteD a, 1), MCM1011 in noted awl original copy A ohn pntitinn to requent for romnval. ShImem"An CXTY OF ROHMERT PARK Vernon P. SmM'h, D"faymc -MC"01,Vavl -1- O."Z" .1(7010,01�7( . I CITY OP '1001JIN- RN PA)"'K 5-18-70 Vernon P. Smith Mr. Golis, you have requested an hour of this council's time and that of those having business before the council to be acted upon, as well as that of the general public, to restate charges you have already made against certain public officers. The petition submitted to this council by Mr. John D. McQuaid on April 20, 1970, setting forth these charges was, by unanimous vote, referred to the District Attorney. The City Attorney's report to the council on the charges set forth in that petition was also referred to the District Attorney. A statement by Mr. McQuaid relating to these charges, orally presented to the council and then filed with the city clerk on May 8, 1970, likewise was referred to the District Attorney. On May 8, 1970 You orally summarized and filed, with the city clerk a brief containing more than eighty pages reiterating and expanding the charges outlined in the earlier petition. This brief was also referred to the District Attorney. A civil suit resulted from these charges and is now pending. These various documents and the contents therein have not only been widely circulated,, but have also been given vast coverage in the press. Your personal appearances before the council have received extended press and radio coverage. The civil suit now pending and the events that led to it have had expansive press coverage. This coverage has extended far beyond Sonoma County. - 2 - Freedom to say what one feels, and freedom to have what one feels published, is a fundamental right. An individual's conscience does not however, give him a license to indulge individual conviction without regard to the rights of others. To invariably place the rights of a single individual above the welfare and rights of all others is the ultimate conclusion of the path leading to anarchy. If, while these charges brought by you are processed. in due course, this Council is not -permitted to function in the normal manner the rights of the citizens it represents are abridged. This is particularly true of those who have every right to council action on items of business before the council. Their equally important freedom of "freedom not to listen" must in no way be treated, as a freedom inferior to the freedom of speech. In government, as in any sensibly run business, we should do well to learn -to trust the judgement of men and women who, through the ballot box, elect public officials. Likewise we should do well -to rely upon the unique wide range of remedies in the courts the citizens may invoke against his government when he is distressed at what he believes to be the inadequacy of a situation. In essence, Mr. Golis, you have had your "day in court" before this city council. If you have additional documents you wished filed with the city clerk, please proceed to do so. The council will now move on to the next item on the agenda. a COUNCIL,,' tried to and to sT refused mE 2. true that a citizen has the right to make fair comment upon the performance of a public officer in 'carrying out his public duties, it is equally true that those members of the community who would make unfounded charges of dishonesty and malfeasance against its public officer only ser their community and brim dishonor to themsely As I read this reply, I of the petition filed ask just who is bringing to themselves. DUTY OF GRA Ltion asks the (Underlining by author.) ,hat you also have before Wu the copy I conclude this answer I hope to •edit'to this community and dishonor 3= It is the custom and law for the Grand Juries of this Country'to examine local governments, not only for illegal acts or corruption, but to investigate the competency and efficiency and 'operations of local government and of the personnel involved. They can, and have come up with commendations, recommendations, chidings, charges of incompetence, recommendation of removal of administrative per- sonnel from office, and also given direction to the District Attorney to take action and remove elected city officials from office for willful misconduct. The sections relating to removal of officials, were formerly in the criminal code, but now 'the California State Legislature, by its experience and wisdom', has relocated these sections in the Government Code, Section 3060 and following. These sections follow the procedures for the removal of higher officials which are left to the State Legislature. Let me read to you the a The reason for having these sections in the Government Code is that the legislature and the courts have decided that an elected official can and in circumstances should be removed from office for conduct that is neither criminal, nor even corrupt. There.'is a higher standard expected of public officials. Let me read you some general statements of the law concerning the term t,willful misconduct" as applied to officials under this section: t,Willful misconduct" in office, :within statute authorizing removal of an officer for willful misconduct, includes any willful malfeasance', misfeasance, or nonfeasance, and such official misconduct does not necessarily imply corruption or criminal. intention." (People v. Harby (1942) 125 P.2d 874, 51 C.A.2d 759.) "Act or omission for which officer may be removed does not necessarily imply corruption, criminal intent, or commission of crime; the misconduct involved simply requires purpose or willingness to commit proscribed act 5 or make the omission referred to and does not require an intent to violate law, injure another or to acquire any advantage." (People v. 'Tice (1956) 301 P.2d 5$$ 144 C ®A ®2d 750.) Further, it is also one of the duties of the Attorney General of California to give opinion in cases and conflicts as have arisen here. Your City Attorney knew this, and had he represesented you fairly he would have so recommended this to you. You have had the opportunity to get an opinion from an office whose experience and duty it is to gave you such advice. For example, referring to 'Section 1090 of the Government Code, previously quoted in the City Attorney's report, the Attorney General has stated as follows: "This section is merely 'a legislative declaration of the • "Generally, any direct or indirect interest of officer in subject matter of contract with public body taints contract with illegality if interest is such as to affect judgment and conduct of officer either in making contract or in its performance'." (17 Ops. Atty.Gen. 44.) It is''common'practice of the cities and counties of this State to solicit these opinions, and the Attorney General's office' does grant them. Had you members sought this opinion, we undoubtedly would not be here today. ' The petitioners herein have suggested Attorney General's office to you as an alternative. Why has this path been avoided and shunned? Who has what to hide? ANALYSIS OF PETITION What does the word "corrupt" m International. Di.ct:i.onary, 1945` CORRUPT Adjective 1. Change from a sound to a pu- vitiated. 2. Change from a state of upri etc., to a bad state. Synonym - putrid, rotten, adul polluted, venal, dishonest CORRUPT - Vern Transitive: To make corrupt (a) to change putrescent state, to make puts (b) To change from good to bad 7 an? According to Webster's New we find the following rid state, spoiled, tainted, fitness correctness, truth, linated, defiled, o a 'putrid or )ter 2 ( c a of the d' The first time the plaintiff's was by City Attorney Maxwell constituents, seeking redress threatened them with a. libel The second time the plaintif2 all, was by' City ; Attorney Ma) Further, the plaintiffs were libelled, if at all; by the ,action of this Council, who instead of referring; the matter to the Grand Jury, or Attorney General as requested in the petition, referred it to the District Attorney to-whom criminal matters, are referred. The plaintiffs were further libelled, if at 'all, by their, own statements and inferences of their complaint a complaint, filed to intimidate these petitioners, and to keep this matter from the Grand Jury where it belongs. The plaintiffs, were libelled, if at all, by their own attorney, Jack DeMeo, who was quoted in the Petaluma Argus Courier, May 8, 1970, as follows. "V^ii e+nnnnt. RA11 a man a crook in public statement, and Wa d Some councilmen threaten to cat Cable TV, During this same period$ ar continued and still contin complete secrecy from the c the other members of the Cc with 'Will'iam Schiller, a rE go 9. 1 e l.AE ilt tr immuni it Oge ight t rou ha date th interest and I cant represent you." This was ' every other instance for Rohnert Park when it w counsel. of integrity required of public officials; What I mean bluntly is this* The City Manager and City Councilmen involved in the Rol Schiller - Storer Syndicate cannot 'stay in this conract as as bEficials of this city. A City councilman cannot have a contract with the 'City l one of them has got to go. A Councilman cannot lease premises to Storer TV and sti` as a councilman. Either he gives up his :Lease or he na leave office. t nade by the City ';attorney who D exist in the first place. D speak almost not at all. is community and bringing; Maxwell was your personal now in the same position as ho have never gotten proper have had and how deep you taxwell's report:on page by