[Durham INC] [pac2] Re: [pac3] Fwd: What is up with Durham drivers?

TheOcean1 at aol.com TheOcean1 at aol.com
Tue Mar 15 23:28:14 EDT 2011


I could be mistaken, but I believe we are talking STATE, not specifically  
Durham County schools.
So any fines go into the state pot, not just our county pot. 
 
Bill  Anderson


In a message dated 3/15/2011 11:02:16 P.M. Eastern Daylight Time,  
mmr121570 at yahoo.com writes:

 
I am a passionate advocate for getting more money to schools -- our  
teachers are on paper rations, are paying out of their own pockets for their  
classroom supplies (which I understand is not tax deductible beyond a couple  
hundred bucks), and are getting less and less (financial and otherwise)  
appreciation and incentive for their efforts to create  intelligent and  
productive Durham/NC/US citizens.


But I have to agree with Cheryl on this. Why on earth would police go the  
extra mile (pun intended) to give speeding tickets when their services are  
being stretched to the limit and there is no absolutely no incentive for 
them  to do so.


This money should stay with the police (and the court system that  
processes these tickets).


Melissa



 
____________________________________
 From: "scjdurham at aol.com"  <scjdurham at aol.com>
To:  bragin at nc.rr.com; reynbowman at gmail.com
Cc: philliposophy at gmail.com;  pac2 at yahoogroups.com; 
DBACpac at yahoogroups.com; safedurham at yahoogroups.com;  pac5 at yahoogroups.com; inc-list at rtpnet.org; 
pac1 at yahoogroups.com;  pac4 at yahoogroups.com; pac3 at yahoogroups.com; 
durhambikeandped at yahoogroups.com;  ABCDdurham at yahoogroups.com
Sent: Tue, March 15, 2011 6:12:09  PM
Subject: Re: [Durham INC]  [pac2] Re: [pac3] Fwd: What is up with Durham  
drivers?

All,

It was made pretty clear at last night's  'Coffee With Council' for 
District 2.  If the speed limits are enforced  and tickets are given with the 
resulting $$ fines, this money goes to the  school system. It makes no difference 
which city the speeder calls home.   This is all fine and good but with 
budgets stretched to the limit, how will  our sheriff's department and DPD 
alocate extra officers and patrols at their  expense to ticket speeders when the 
bottom line is the money doesn't help them  support their efforts.

>From my experiencees, adequate enforcement would  generate enough $$ for 
the school system to have everything on their wish list  including 5-star 
accomodation type facilities and 100% of their staffing  needs..

Clearly we have a problem with the equation: Speeding ticket  fines = 100% 
$$$ advantages for the school system.  The other side of the  coin is: 
speeding ticket fine labor costs = 100% negative revenue for  enforcement 
departments.

Am I getting this wrong?  Are we all  getting this wrong?

Cheryl Shiflett

-----Original  Message-----
From: Barry Ragin <_bragin at nc.rr.com_ (mailto:bragin at nc.rr.com) >
To: Reyn Bowman  <_reynbowman at gmail.com_ (mailto:reynbowman at gmail.com) >
Cc:  Phillip Bost <_philliposophy at gmail.com_ 
(mailto:philliposophy at gmail.com) >;  PAC-2 Durham <_pac2 at yahoogroups.com_ (mailto:pac2 at yahoogroups.com) >; 
DBACpac  <_DBACpac at yahoogroups.com_ (mailto:DBACpac at yahoogroups.com) >; 
pac4  <_pac4 at yahoogroups.com_ (mailto:pac4 at yahoogroups.com) >; pac5  
<_pac5 at yahoogroups.com_ (mailto:pac5 at yahoogroups.com) >; safedurham  
<_safedurham at yahoogroups.com_ (mailto:safedurham at yahoogroups.com) >;  pac1 
<_pac1 at yahoogroups.com_ (mailto:pac1 at yahoogroups.com) >;  durhambikeandped 
<_durhambikeandped at yahoogroups.com_ (mailto:durhambikeandped at yahoogroups.com) >;  pac3 
<_pac3 at yahoogroups.com_ (mailto:pac3 at yahoogroups.com) >; ABCDdurham  
<_ABCDdurham at yahoogroups.com_ (mailto:ABCDdurham at yahoogroups.com) >;  inc-list 
<_inc-list at rtpnet.org_ (mailto:inc-list at rtpnet.org) >
Sent: Mon,  Mar 14, 2011 11:32 pm
Subject: [pac2] Re: [Durham INC] [pac3] Fwd: What is  up with Durham 
drivers?

Reyn - you're responding to the particular  words "Durham drivers" in the
subject line.

Nobody is talking about  only people who live in Durham. We're talking
about people who drive in  Durham. If you want to limit that to people
who live here, fine, but it's a  distinction without any significance.
(And to be honest, the morons on my  little 200 yard long cul-de-sac who
think that 45 in a 25 is acceptable are  most certainly Durham residents.)

As i asked before, if most of those  folks don't live here, then why is
it so difficult to enforce our traffic  laws with them? They're not going
to be complaining to our city council  members that they got a ticket for
driving 45 in a 35 on Roxboro St. if  they live in Oxford. It's really
the same thing as passing a hotel  occupancy tax when you think about it.

Again, i'd be interested in  seeing your data, especially if you want to
back up the claim that  "unfortunately many people show less concern away
from home." My experience  is that people drive the same way whether
they're in town or visiting their  friends across the country. Our red
lights and stop signs are the same as  the ones in Apex. I'm pretty sure
our speed limits in residential areas are  the same too.

No idea if our enforcement patterns are the same,  however. If people are
driving differently in Durham than they are in  Garner, though, perhaps
that has something to do with it.

Barry  Ragin

On 3/14/11 2:45 PM, Reyn Bowman wrote:
> that of course  wasn't my point...we just need to do more than talk
> about ourselves to  ourselves to solve the problem...
> Two out of three peope working in  Durham right now are non-residents,
> coupled with daytrip and overnight  visitors and visiting friends and
> relatives, more than half of those  driving on our streets including
> those working for the City and County  don't live here...unfortunately
> many people show less concern away  from home...
> if we want to solve this we must do more than address  resident 
behavior...
> 
> On Mon, Mar 14, 2011 at 2:01 PM,  Barry Ragin <_bragin at nc.rr.com_ 
(mailto:bragin at nc.rr.com) 
> <mailto:_bragin at nc.rr.com_ (mailto:bragin at nc.rr.com) >> wrote:
>  
>    1) I'd love to see that data - we're not talking about  I-40 or
>    I-85 here, but rather, Duke Street, Alston Ave.,  Geer St., Markham
>    Ave., Fayetteville Street, etc.
>  
>    2) Even if true, so what? Those of us who live on Durham  streets
>    are still the ones who have to deal with the  problem of people
>    driving on Durham streets. In fact, if  most of the violators are
>    from out of town, that should  make enforcement easier. There's no
>    local constituency to  have to appease by lax enforcement of our 
laws.
> 
>   This reflexive "don't blame us" attitude, which i've seen from  one
>    other person in response to this discussion,  contributes
>    absolutely nothing towards its  resolution.
> 
>    Barry Ragin
> 
>  
>    On 3/14/11 1:48 PM, Reyn Bowman wrote:
>  
>        Keep in mind that more than half of the  drivers on Durham's
>        roads don't live in  Durham!
> 
>        Sent from my  iPhone
> 
>        On Mar 14, 2011, at 1:38  PM, Phillip Bost
>        <_philliposophy at gmail.com_ (mailto:philliposophy at gmail.com)   
<mailto:_philliposophy at gmail.com_ (mailto:philliposophy at gmail.com) >
>   <mailto:_philliposophy at gmail.com_ (mailto:philliposophy at gmail.com) 
>   <mailto:_philliposophy at gmail.com_ (mailto:philliposophy at gmail.com) >>>  
wrote:
> 
>            Very  interesting and important conversation happening in
>     Duke Park/PAC-2 regarding Durham's apparently  lawless
>            roads. Conversation  begins at the bottom and continues 
upward.
>       I would love to read an 'official' response from  someone
>            working for Durham  (and Durham's citizens).
>            (I  removed email addresses, last names, and addresses
>       before sending.)
>         Phil Bost
>            Duke  Park/PAC-2
> 
>             ---------- Forwarded message ----------
>         From: Barry
>             Date: Mon, Mar 14, 2011 at 10:21 AM
>           Subject: Re: [dukepark] Re: [pac2] What is up with Durham
>   drivers?
>         To: _dukepark at yahoogroups.com_ (mailto:dukepark at yahoogroups.com) 
>   <mailto:_dukepark at yahoogroups.com_ (mailto:dukepark at yahoogroups.com) >
>   <mailto:_dukepark at yahoogroups.com_ (mailto:dukepark at yahoogroups.com) 
>   <mailto:_dukepark at yahoogroups.com_ (mailto:dukepark at yahoogroups.com) 
>>,  _PAC2 at yahoogroups.com_ (mailto:PAC2 at yahoogroups.com) 
>   <mailto:_PAC2 at yahoogroups.com_ (mailto:PAC2 at yahoogroups.com) >  
<mailto:_PAC2 at yahoogroups.com_ (mailto:PAC2 at yahoogroups.com) 
>   <mailto:_PAC2 at yahoogroups.com_ (mailto:PAC2 at yahoogroups.com) >>
>  
>            Steve - i wanted to thank  you for passionately giving
>             public voice to
>            the  frustration that i and so many others around Durham
>     feel at the
>         seeming inability of our city leaders to recognize,  let
>            alone take  steps
>            to control, this  problem. Traffic calming and pedestrian
>         safety are at
>             the heart of the "livable streets" or "total communities"
>     concepts which
>         our leadership will occasionally reference without  taking
>            real action.
>  
>            It's especially frustrating  because there are people in
>             city government
>            who get it.  I've worked with both Phil Loziuk and Mark
>         Ahrendsen in the
>           Transportation Department (there are others in that
>   department who
>       understand the issue as well), and Councilman Woodard  has
>            also been
>   quick to push for improvements to  pedestrian safety when
>            able.  But we've
>            already seen  numerous instances of serious injury and
>         fatalities on our
>           streets that do not result in any efforts to make them  
safer.
> 
>            Earlier  this year i had occasion to discuss with the head
>       of the
>             City/County Inspections Department a vehicle with their
>     logo that i
>         observed speeding down northbound Roxboro Street;  i
>            thought my  concerns
>            were taken seriously  and i have no reason to believe that
>           appropriate
>            actions  were not taken. But even if we assume that every
>       official
>             vehicle is speeding every time it's in use, and that we
>     can get every
>         one of those drivers to start observing speed limits  and
>            traffic  laws,
>            we're still only  talking about a minuscule portion of the
>         problem.
> 
>           In nearly 40 years of being a driver, Durham remains the
>   only place i've
>       lived in where the number of people i know who are  asking
>            the police  to
>            enforce traffic laws far  exceeds the number of people i
>           know who have
>            received  traffic and speeding tickets. I know of attorneys
>       who claim
>           they represent drivers in court every week who are
>     contesting their
>       citations, but compared to the sheer number of illegal  and
>            dangerous
>   actions i see on the road every single day  in Durham, the
>            number  of
>            citations actually written  pales in significance.
> 
>           People who deal with these things for a living talk about
>   the "three
>       E's:" engineering, education, and enforcement.  Our
>            opportunities  for
>            re-engineering our  streets are somewhat constrained. In
>           north Durham,
>            for  instance, Guess Road had its once in a lifetime
>       widening a few years
>         ago. Several serious pedestrian accidents, including  at
>            least one
>   fatality involving a high school student  heading across
>            town  to
>            Riverside early one  morning, did not inspire any changes
>           in the road
>            design,  and other than the speed trailer showing up for a
>       couple of
>           weeks, i'm not sure there's ever been a consistent effort
>   to enforce the
>       35 mile limit there. Similarly, in east Durham,  Alston
>            Ave., Miami  Blvd,
>            Highway 98, etc., all  see more than their share of
>             pedestrian accidents,
>             including fatalities. The city and state have a chance to
>     get it right
>         with the Alston Ave. redesign, and there are  theoretically
>             some
>            improvements coming  along Miami Blvd. as a result of the
>           East End
>            connector  project, but so far the proposals for Alston
>       cannot be said to
>         be entirely pedestrian friendly, and who knows how long  it
>            will be
>   before the projects peripheral to the EEC  are actually
>             implemented.
> 
>            Durham  has, though, shown that it can move with haste and
>       purpose in
>           dealing with pedestrian safety issues, given the proper
>   motivation.
>       Several years back, a Duke grad student was  injured
>            crossing  Broad
>            Street near Whole  Foods. Despite initial objects from
>           state DOT
>            personnel  that adding a second traffic light at Perry
>         Street, with
>             pedestrian activated walk signals was not warranted
>     according to the
>       Traffic Manual, exactly that set-up was installed. As  i
>            recall, the
>   entire process took less than 120 days from  accident to
>            new  pedestrian
>            safety features.  Along Club Blvd., our friends in the 
Watts
>       Hospital-Hillandale neighborhood successfully  petitioned
>            the city  to
>            install a state of the art  traffic calming chicane set-up
>           where Club
>            passes  through Oval Drive Park. Part of the justification
>       of that
>             project was to have been its use as a "pilot project" to
>     determine
>         whether or not similar projects might be justified  in
>            other parts  of
>            town. Hopefully enough  data has been gathered over the
>           past few years to
>             start making that determination, and if the project has in
>   fact made
>       being a pedestrian safer, we can expect to see our  city
>            leadership
>   including funding for similar pedestrian  safety projects
>            in other  parts
>            of town.
>  
>            But, barring that, we are  still dependent on the other two
>           E's,
>            education and  enforcement, to make the difference in our
>         communities.
>             How many drivers in Durham know that NC state law requires
>   drivers to
>       yield to pedestrians in crosswalks under nearly  all
>            circumstances?  How
>            many times do i see  someone attempting to cross Roxboro
>           Street on their
>            way to  or from Duke Park, standing in the crosswalk while
>       vehicles whizz
>           by at speeds well in excess of 35 mph? How many traffic
>   citations were
>       written by Durham PD over the past 12 months for  crosswalk
>             encroachment,
>            or failure to  yield to pedestrians? I've asked that
>         question a dozen
>           times or more over the past few years, and i've never
>   gotten an answer.
>     My guess is that the answer is not materially  different
>            from zero.
>  
>            As to Avondale Drive,  traffic there is an interesting
>           situation.
>            Southbound,  after you cross the freeway, two lanes merge
>       into one,
>           generally creating enough friction, at least when there  is
>            traffic on
>   the road, to keep the bulk of the traffic  at the speed
>            limit, or  even
>            below. Northbound is a  different story, as there are no
>           natural barriers
>            to  speeds up to and exceeding 50 mph. What that means is
>     that the
>           overall numbers tend to obscure the problem - i recall
>   from discussion
>       with city traffic engineers that the 80th percentile  was
>            somewhere  near
>            37mph, which is  considered to be reasonable. On the other
>         hand, though,
>            a  48 hour study in 2005 showed at least one vehicle every
>     hour exceeding
>         50 mph. To me, that suggests an enforcement based
>   solution. I haven't
>     seen any indication, however, from upper echelons  of city
>            and  police
>            management, that they  consider traffic law enforcement to
>           be a priority
>            issue  for Durham. Perhaps future generations will
>         affectionately refer
>           to Durham as the "Boston of the South."
> 
>     When you add the traffic issues, housing code  violations
>            that have  been
>            ignored, animal abuse,  domestic violence, dumping, lawn
>           parking, noise
>             violations, and other ongoing problems along Avondale,
>     it's a wonder
>         that city officials, who often tout the "broken  windows"
>            theory  of
>            community engagement,  haven't made this gateway road to
>           Durham a
>            priority.  Many of the violations along Avondale fall under
>       what Durham
>           officials politely call "complaint driven" ordinances. In
>   theory, this
>       encourages citizens to "be the eyes and ears" of  Durham's
>             various
>            enforcement  communities. In practice, what this really
>         means is that
>             reporting ongoing violations is just as likely to be met
>     with "you know,
>         there are many other neighborhoods in Durham who  would
>            willingly  trade
>            your problems for  theirs" as it is with citations. The end
>         result is
>             probably predictable - homeowners moving out, landlords
>     neglecting their
>       properties, vacancies, trash, and a 10-20 year cycle  of
>            declining
>   property values and neglect that will  require expensive 
city
>             intervention and a new generation of urban pioneers to
>     overcome.
> 
>       Sigh.
> 
>           Barry Ragin
>            1706  Shawnee St.
> 
>            > On  3/12/11 2:04 PM, Steve wrote:
>             >
>            > Oh I know! I drive  up and down that street frequently
>           and see the
>            >  scofflaws zooming around with no regard for others. I
>     know that a pet
>         > peeve of Barry Ragin is all the cars that he  HEARS
>            zooming around  and
>            > he doesn't even live  on Avondale.
>             >
>            > It all comes down  to two things: There is a complete
>           lack of respect
>            >  for our neighborhoods, and an almost complete lack of
>     consequences to
>         > those who speed around through our neighborhoods,  drive
>            on the  wrong
>            > side of the road,  run through stop signs and red lights,
>         tailgate, and
>             > in generally drive like, um, well, jackasses.
>       >
>             > If the city doesn't do something about this someone is
>   going to be
>       > killed by one of these reckless drivers. It's long  past
>            time for  the
>            > city to wake up to  the seriousness of this problem.
>           >
>             >
>            > Steve
>  
>            >> On Mar 12, 2011, at  1:48 PM, Mark wrote:
>             >>
>            >> If you  really want to see the worst offenders spend an
>       afternoon on
>           >> Avondale. You will be shocked
> 
>     >> *From*: Steve
>       >> *Subject*: Re: [dukepark] Re: [pac2] What is up  with
>            Durham  drivers?
>             >>
>            >> If they  passed your in an opposed lane, then yes it's
>       illegal. If
>           >> they blocked the intersection then yes it's  illegal.
>             >>
>            >> Durham,  city of lawlessness!
>             >>
>             >>
>            >>  Steve
> 
>            >>>  On Mar 12, 2011, at 11:43 AM, Laurie wrote:
>         >>>
>             >>> I was quite annoyed (and shocked) that two cars  went
>            around me  the
>            >>> other day,  when I stopped at a green light so as not
>         to block the
>             >>> intersection. They then, of course, had to cut in
>   front of me to get
>     >>> back in the lane they needed to be  in. Not technically
>            illegal,  but
>            >>> very rude  (not to mention dangerous).
>             >>>
>            >>>  Laurie
>            >>> Everett  Place
> 
>            >>>  On Sat, Mar 12, 2011 at 11:34 AM, Dan wrote:
>       >>> You are right to be po'd Steve. One thing we  have
>            talked  about
>            >>> on the  bikeped list serve is that citizens should
>         ALWAYS call in
>             >>> commercial and government vehicles they see engaged  in
>            reckless
>   >>> driving/speeding. The City  supposedly makes drivers
>            who  get
>            >>> called in  take remedial driving class.
>             >>> Dan
> 
>             >>> Steve writes:
>             >>> Whether someone lives in Durham, works in Durham,
>   WORKS FOR
>       >>> the City of Durham, or is just passing  through, their
>            >>>  reckless driving endangers us all. It also adversely
>     affects
>           >>> the quality of life for many, if not all of us, as  we
>            drive,
>   >>> bike and walk throughout our  city.
>             >>>
>            >>>  Steve
> 
>             >>>> On Mar 12, 2011, at 9:00 AM, Jessica wrote:
>   >>>> Let’s not make  assumptions. Last time I checked our
>           license
>             >>>> plates say North Carolina. Just because someone  is
>            driving
>   >>>> in Durham, let’s not  assume that they are a Durham
>             driver.
> 
>             >>>> From Betty:
>             >>>> *Subject:*Re: [pac2] What is up with Durham  drivers?
>            >>>> You  are so right! While waiting to turn left at 
Murray &
>   >>>> Roxboro, a number of times  I have almost been hit by
>            a  car
>            >>>> rushing  through (their) red light - now after the 
light
>     >>>> changes I wait until traffic has  actually stopped
>            both  ways
>            >>>> which  irritates a driver behind me. Sorry about that.
>       What
>             >>>> purpose do posted speed limits serve? The  majority
>            >>>>  obviously believe they don't apply to them. 
Sometimes I
>   >>>> think that whatever speed  limit is desired in an
>            area,  then
>            >>>> the  posted speed should be 10 mph less.
>           >>>> One peeve of mine is that when I don't fly through  a
>            yellow
>     >>>> light, a car behind me passes me  in the left-turn 
lane. I
>             >>>> thought a yellow light is a caution to slow and
>   prepare to
>       >>>> stop--not speed up so as not to stop.  And slow down
>            to  look
>            >>>> for a  store, etc.--forget it.
>             >>>> I tried displaying a "pace" decal but I think  that
>            >>>>  irritated people. Also I have observed someone with 
said
>   >>>> decal displayed not  driving posted speed limits.
>             >>>> No wonder new drivers speed and take reckless
>   chances. Look
>       >>>> at the example their parents set. I  chastised my
>             son-in-law
>            >>>>  in Greensboro for this with his two kids and his 
answer
>   >>>> "you have to drive over  the speed limit to prevent 
other
>           >>>> drivers from running over you." In his residential  
area,
>            >>>>  where roads are real curvy, the posted MPH is 25 but
>     >>>> everyone ignores it--even  him.
>            >>>> This is  not to say that on the highway, I may go 5-7 
mph
>     >>>> over the speed limit but in  residential areas I do
>            obey  the
>            >>>>  limit--mostly out of respect for all the pedestrians 
and
>   >>>> also TO OBEY THE LAW which  I am not above!
>             >>>> Our neighborhood has 25 MPH signs (my street 
doesn't)  it
>            >>>> only has  11 houses and the sanitation, etc. trucks
>         fly down
>             >>>> it, not to mention the UPS trucks. In recent  months
>            it has
>   >>>> been used as a short-cut  (it's really not) between 
two
>           >>>> streets but it doesn't omit a stop sign so they fly  
up to
>            >>>>  the sign, some actually stopping, others just slowing
>     down.
>           >>>> What part of STOP can't they read.
>   >>>> And being female, I hate  to say it, but I think 
women are
>           >>>> the worst offenders. There, thanks for letting me  
vent.
>            >>>>  Betty
> 
>             >>>> On Thu, Mar 10, 2011 at 10:41 PM, Steve wrote:
>   >>>>
>     >>>> I continue to be amazed a how  truly awful many Durham
>             >>>> drivers are. Last week I heard a bad car crash right  
in
>            >>>> front  of our house. A car speeding up a side-street
>       slammed
>             >>>> into the back or a car stopped at a stop sign in 
front  of
>            >>>> it,  pushing it into traffic. Fortunately, injuries 
seemed
>     >>>> to be light, though one car was  totaled.
>             >>>>
>             >>>> On Wednesday while I was sitting on my front porch  I
>            >>>> witnessed  a City of Durham Public Works truck go
>         barreling
>             >>>> down my street, engine roaring, at a speed of  between
>            45 -
>   >>>> 50 mph. Our speed limit is  25 mph. Unfortunately, 
seeing
>           >>>> city vehicles speed down my street is something I  see
>            just
>     >>>> about every hour of every  day.
>             >>>>
>             >>>> This evening while I was out walking our dogs I
>   witnessed a
>       >>>> car come to a red light, slow down, then  make a left 
turn
>             >>>> against the red light onto N. Roxboro St. This is  the
>            very
>     >>>> location where many car crashes  have occurred; 
crashes
>             >>>> caused by these same type of reckless actions.  One
>            neighbor
>   >>>> who lives on the corner  got so fed up with cars 
crashing
>           >>>> into the fence that they sold their house and  moved.
>             >>>>
>             >>>> This is not the type of neighborhood I want to live  
in.
>            >>>> This  is not the type of city I want to live in.
>         >>>>
>           >>>> Yes, I am very angry. The city should expect to hear  
more
>            >>>>  from me at Coffee with Council which is occurring 
this
>   >>>> coming  Monday.
>             >>>>
>             >>>> Steve
> 
> 
> 
> 
>  
>         _______________________________________________
>       Durham INC Mailing List
>        _list at durham-inc.org_ (mailto:list at durham-inc.org)  
<mailto:_list at durham-inc.org_ (mailto:list at durham-inc.org) >
>   _http://www.durham-inc.org/list.html_ 
(http://www.durham-inc.org/list.html) 
> 
>  
> 
> 
> --
> Reyn Bowman
> 2203 Shoreham  St
> Durham, NC 27707
> 919-381-1497
> _www.bullcitymutterings.com_ (http://www.bullcitymutterings.com/)  
_http://www.bullcitymutterings.com_ (http://www.bullcitymutterings.com/) >


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II (PAC2)  or any other organization. Any use of the material on this 
listserv other than  for the purpose of discussion on this listserv is strictly 
prohibited without  the knowledge and consent of the person responsible for 
such  opinion.

***

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