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| Author |
Message |
| 25 new of 220 responses total. |
dpc
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response 77 of 220:
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Feb 3 16:33 UTC 1999 |
Mary's meeting with FD doesn't scare me, either. It's an excellent
first step. STeve, FD has the "apparent authority" to act. We don't
have access to the contract under which they are operating. The
title to the building is in the *estate* of the deceased. Is there
a contract between the estate and FD? We don't know. Who speaks
for the estate? Technically, the "personal representative" of the
estate. Who is it? We don't know. How are the heirs involved?
We don't know. What happens if one heir (our friend) tries to beat
up on the estate, the personal representative, or FD? We don't know.
My rash is getting worse...8-)
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richard
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response 78 of 220:
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Feb 3 23:12 UTC 1999 |
yeah maybe mary can work this out. perhaps this woman just misinterpreted
the tone in Aruba's voice and had the misimpression that he harbored
negative or hostile thoughts toward her or about the situation, and as
some people will do, reacted to perceived hostility *with* hostility.
some people are more sensitive than others. if mary talks to her woman to
woman, with a nice soothing friendly, non-hostile voice, perhaps she will
react differently.
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scott
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response 79 of 220:
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Feb 4 00:27 UTC 1999 |
Heh. Mark is about as non-threateing as they come. My guess would be that
she figured a little hostility would buy her some leverage.
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aruba
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response 80 of 220:
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Feb 4 00:42 UTC 1999 |
Scott sent me mail to the effect that the power was measured sometime
August 9th. It must have been the date of the last change to the system that
was in July (or earlier). I'm sure we didn't really use the extra power they
charged us for in August and September, but it might not be worth making a
big deal about to avoid paying for it. Anyway, it's a bargaining chip.
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hhsrat
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response 81 of 220:
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Feb 4 01:09 UTC 1999 |
re #77 "We don't have access to the contract under which they are
operating."
I'm not a lawyer, and I'm not sure about this, but if we (Grex) really
wanted to see a copy of this contract, could we file a Freedom of
Information Act motion to be allowed to see it? As a tennant in the
building that FD manages under contract to the estate of the owner, do
we have any legal rights to see the contract between FD and the estate?
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other
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response 82 of 220:
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Feb 4 01:46 UTC 1999 |
FOIA requests only apply to documents generated by agencies of government.
They in no way apply to private business arrangements.
Perhaps her response was based on the belief that non-threatening means weak,
and that she could easily get what she wanted from Mark [and grex] by
intimidation.
I agree that finding a potential alternate home for Grex would be a good thing
to have done prior to any negotiation, but bear in mind that that can be a
double-edged sword. If we bring it up the wrong way or at the wrong time,
it will negate any potential progress in building a workable long-term
relationship with FD.
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senna
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response 83 of 220:
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Feb 4 10:38 UTC 1999 |
I think we should seriously start looking for another place for grex to live
now in addition to our negotiations with FD. We can't get caught off guard
with this. The best case would be to stick with the Pumpkin with cesation
of the apparent difficulties, but we can't count on that. It could just be
that maintaining the Pumpkin will involve too much trouble to make it worth
our while. We have to account for that.
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senna
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response 84 of 220:
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Feb 4 10:41 UTC 1999 |
This is another resounding example of why it's a good idea to keep extra
"rainy day" money in our coffers. If we do end up having to move, could we
hold a pledge drive of some sort to deflate the impact on our savings?
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steve
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response 85 of 220:
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Feb 4 12:11 UTC 1999 |
Certainly, and I think we'd do that if it comes to moving.
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mary
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response 86 of 220:
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Feb 4 12:51 UTC 1999 |
At this point I'm trying to setup an appointment to meet with
Mr. Watrous. I'll keep everyone updated.
I have no reason to believe Mark wasn't a fine choice to work
with this project. More than fine. But he is showing signs
of sanity by saying "no" once in a while and saving a little
time and energy for non-Grex projects. He already does too
much and everytime I see him take on yet something else I
feel a little guilty he was asked.
Now that I've said this... Mark, can I come buy a pick up
a copy of our proof of 501(c)3? Like today? ;-)
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mary
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response 87 of 220:
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Feb 4 12:52 UTC 1999 |
s/Ms./Mr.
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cmcgee
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response 88 of 220:
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Feb 4 13:16 UTC 1999 |
Yep, I'll bet we can pull off a move with extra donations if FD remains
unreasonable. I'll contribute.
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aruba
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response 89 of 220:
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Feb 4 14:48 UTC 1999 |
Re #86: I'll send you mail about coming by, Mary. I should be in most of
the day.
Thanks to everyone who said nice things about me. I don't really feel the
need to defend my conduct with Susan Watrous; I didn't do anything but talk
matter-of-factly in a normal tone of voice. But different things upset
different people, and I suppose it's possible that something I said set
her off. I think it's more likely, though, that that's just the way she
acts, and you either deal with it or you don't.
One of the reasons I got into computer conferencing in the first place is
that I don't like being run roughshod over in a face-to-face argument.
That happens not infrequently when I get into a discussion with people I
don't know well, because I am inherently nervous when talking with people
(especially when they are hostile), and if I get nervous enough my brain
begins to seize up, and I can't think of intelligent things to say. I am
certainly no good at all at manipulating people into doing things I want.
I'm hoping Mary will be able to have a civil relationship with Susan
Watrous.
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mary
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response 90 of 220:
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Feb 4 23:22 UTC 1999 |
I was able to meet with Ms. Watrous earlier today and I think I
have good news to report. It went well.
The terms of the proposed lease go like this:
1. Our rent will go up 5%, from $60 to $63 per month. It is for
one year, from June 1, 1999 through May 31, 2000. The lease is
renewable for 5 additional years, with a rent increase of 5% each
year. She said the standard "give notice not to renew" period is
90 days prior to the end of the lease. I made the case that this
would really be a problem for us, that everything goes through
the users, staff, a Board, and Ameritech, and 90 days notice could
be a disaster. I asked if she'd allow us to keep our 4 month notice,
and she agreed, without hesitation.
2. I asked if our paying for utilities based on our measurements concerned
her. But before she could even answer the question I said it might help
if I could explain some about Grex's mission. Which I did, emphasizing
how we are kept alive by talented folks who feel computer access shouldn't
be just for those who can afford to buy service. That we are into helping
the community without any fee for the services offered and our funding
comes from donations. It is these same good-hearted volunteers who measure
how much power our equipment draws and I sincerely doubt they would be
into trying to pull a fast one over an electric bill. She agreed, said
she had had no idea what we were about, and that we should continue to
measure our own use as we have been. I asked if she'd rather lump our
electric and rent payment into one rent payment. She thought for a
moment, then went out of the room to consult with their accountant. When
she came back she said they'd prefer to have it show up as separate
amounts, with us paying a smaller rent payment.
I gave her a copy of our IRS letter stating we are 501(c)3 status
to backup my comments about Grex. She gave the letter to her
accountant. I suggested their renting to a 501(c)3 might relieve
some of their tax burden. Don't know. It is at this point I'd
like to once again thank Jan for getting us our 501 status. I
know it helped here.
I explained about how our equipment is on all the time, so our power use
is pretty easy to calculate. That whenever we upgrade to newer hardware
we have a good chance of using less power. And that is exactly what
happened last August, when we checked our use and started sending less
for electric. I said I'd like to settle up that disputed amount to keep
our record clean and she said that wouldn't be necessary. I
stated that if (when) additional equipment is installed we'd meter
the increased draw and start including that amount promptly. I also
said that if at any time there is concern on her part that we aren't
paying for what we use we'd agree to have an independent measurement
taken. She said she doubts that would every happen, that she's
comfortable accepting our measurements. Anyhow, I felt comfortable
making these statements on Grex's behalf. If I was wrong anywhere
I need to be corrected, pronto, and get back to her.
I asked who would be signing as the landlord or landlord's
legal agent. She said she will be signing.
I plan to pickup the lease, with the details as above, next
Wednesday morning. She understands this needs to be
discussed with those using the system, the staff, and the Board.
But I thought having a tangible contract in our hands would be
the best way to approach the discussion. She knows our next Board
meeting is on February 23rd and that is the earliest we could have
it signed.
The bulk of the contract is just about a scary as any other
lease I've ever read that was written by a lawyer making
$200 an hour. ;-) But it's a stock lease. I asked if
it in any way varied from what their other tenants have signed,
she said no, that it was a standard lease, the same one they
signed for their rented (Hogback Road) office space, and that
everyone is our building is or would be signing the same
document. I would like to get all of it online for folks to
read but I'm hoping someone has a scanner to do the job. Anyone?
There was a bit of small talk about working in an ER, the YK2
problem, etc. But I left feeling it was a good meeting, with
lots of information going both ways.
If I think about anything else (not in my notes) I'll add it
as it comes.
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aruba
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response 91 of 220:
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Feb 5 00:13 UTC 1999 |
Thanks a lot Mary for doing that. I'm very, very happy it went well. The
only note I have is that we are already paying $63 for rent, as of January
1st, so I expect the next 5% will be on top of that.
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janc
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response 92 of 220:
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Feb 5 00:45 UTC 1999 |
Ditto. I have no problem with an agreement along the lines outlined here.
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steve
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response 93 of 220:
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Feb 5 03:00 UTC 1999 |
It does sound like this went better than I would have thought.
Thank you Mary. We should appoint you Grex Ambassador or something.
Mark's right though; we're already pauing the first of the 5%
chunks and we shouldn't have to take another 5% hit this year. I
hope too, that we won't sign this until may. If no one else can
scan this, I can, but I hope someone else can.
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aruba
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response 94 of 220:
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Feb 5 03:21 UTC 1999 |
If the deal is as Mary described it, I think we should sign as soon as
possible, in case it changes.
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scott
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response 95 of 220:
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Feb 5 11:53 UTC 1999 |
Sounds good to me too.
Thanks a lot for handling this, Mary.
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remmers
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response 96 of 220:
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Feb 5 11:59 UTC 1999 |
Ditto.
The lease should be an agenda item for the February board meeting.
Hopefully everyone will have had a chance to read it by then. As Mary
indicated, if someone has a scanner to facilitate producing an online
copy, that would be much appreciated.
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dpc
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response 97 of 220:
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Feb 5 17:03 UTC 1999 |
Very excellent, Mary! Does the lease say that we have an *option*
to renew for another 5 years; that is, that we have a right to renew?
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albaugh
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response 98 of 220:
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Feb 5 18:31 UTC 1999 |
Much thanks to Mary, excellent note taking!
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janc
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response 99 of 220:
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Feb 5 18:43 UTC 1999 |
Valerie and I have a scanner and would be happy to help electrify the
lease.
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richard
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response 100 of 220:
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Feb 5 22:39 UTC 1999 |
read the small print! people have lost their livelihoods by signing
leases and not reading the small print. In fact grex should have
a lawyer read the lease just to be safe.
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other
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response 101 of 220:
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Feb 6 01:45 UTC 1999 |
richard, in your enthusiasm, try not to forget that the people at whom your
resp #100 is aimed are not stupid.
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