Meandering
Thoughts

Posted: October 28, 2019
Newberry Springs Community Alliance

Director Unger Denounces
Daggett Solar News Blog

by Ted Stimpfel

CSD director appears unglued.

    Before the start of the October Newberry CSD general meeting, I was approached by Director Jack Unger who was handing out copies of a 3-page rebuttal that he had prepared to refute portions of the Community Alliance's October 13, 2019, news blog.

    The news blog that Director Unger was gasping over is a review of the Newberry CSD's filed appeal on the Final EIR for the Daggett Solar Project that Director Unger had written.

    I was delighted and impressed that Director Unger was retorting against the news blog.  Such wacky attention drives up readership.

    In handing a copy to me, Unger appeared embellished in childish delight, jubilating that he was making a statement to me.  As I was the principal writer of the October 13th blog, I was surprised that the blog had struck such a sensitive raw nerve with him.  In reading his paper, I couldn't help but chuckle at the writing material that he was providing me.

    In Unger's rebuttal, he repudiates 8-separate passages from the blog.  He presents each passage and he then states what my intended "Implication" was (he believes that he is clairvoyant and can read another person's mind).  Unger then follows that with an argumentative spin of what he weaves as the "Actual Fact."

    Yeah, Unger got absurdly deep into it.  He appears enraged that his CEQA writing qualification had been challenged.

    Well, Unger has distributed his rebuttal and in defense of this blog's earlier charismatic review... a response is warranted.  The previous blog was politely mild on facts so I will expand on the problems of the appeal's filing.

Jack Unger

    I find the ego of this man disturbing (as in dangerous to Newberry's best interest).  Unger strongly stresses in the first passage of his "CORRECTING THE RECORD" that he is keenly qualified to properly write on CEQA.  His egocentric belief has interfered with having professional expertise provide input in the CSD's appeal that he filed with the county.

    Jack Unger claims that he has co-written and/or consulted on approximately 300 FCC legal filings.

    The fact is that multiple experts from different specialized fields often contribute or sign on to an FCC filing.

    A small random sampling of the link that Unger trouts as listing his involved FCC filings only show him listed as a technical consultant, a representative of a small wireless industry association known as WISPA, or where he has submitted a letter.

    Just because Unger has had his name attached as a technical consultant or a representative to letters written by attorneys doesn't qualify him in the Law itself.  Especially unrelated CEQA Law.  Unger may be an excellent wireless technical writer but that is a different world than CEQA.

    Unger's logic is akin to someone contributing information on the manufacturing of a pacemaker and then claiming to be qualified to surgically implant the device.  Unger's expertise in wireless doesn't qualify him to insert himself as understanding CEQA.

    Because he knows little about CEQA Law, he apparently doesn't comprehend that CEQA is very specialized and complicated.  I stand by the earlier blog that Unger doesn't have any legal background in it, he lacks technical CEQA knowledge, and he does not have any personal experience in CEQA based appeals.

    As I see it, Unger has a high credibility problem in the bluffing of his credentials in a high stakes legal game involving your future health and your assets.

Dangerous

    The appeal application that he wrote and filed with the county stands as the highest and best evidence that Unger lacked the knowledge to properly write it.

    Unger has naively challenged my earlier blog's statement which said that Unger's filing includes a silly suggestion to the Supervisors that they "direct Clearway" (the applicant) to:

(Quoting Unger's filing)
"...move the project to a new, more easterly location that is downwind from the communities of Newberry Springs, Daggett and Yermo..."
  Unger's rebuttal explained:
    "Rejecting the Clearway proposal in the current Daggett/Newberry Springs location and moving the project to a location where it would do no harm to nearby communities makes absolute sense.  Moving the project is a clear option that San Bernardino County could and should consider."

    First, Jack Unger has no business in the filing stating where the county should tell Clearway to place the project; especially, without CSD board approval.

    Secondly, the matter is an appeal.  The Board of Supervisors will either sustain or deny the appeal.  As a matter of appeal procedure, the Supervisors can not advise where Clearway should build (that takes on liability) and Unger is inappropriately editorializing (without authorization) where the county should direct Clearway to build.

    Jack Unger is NOT the voice of Newberry Springs.

    Newberry's strongest argument against the solar project is that the project should not be built in a Sand Transport Path.  Jack Unger has taken it upon himself to say that it is OK to build it on the eastside of Newberry which is STILL in a Sand Transport Path doing the same damage to the soil which would impact Newberry in easterly winds.  We DID NOT need to have contradictory and damaging statements within our appeal filing.  What was Jack thinking?

    Furthermore, building the solar facility on the eastside of Newberry STILL has many other negative impacts to Newberry.

    Clearly, Director Unger does not understand the process and he has introduced amateurish argumentative points into the filing which should only contain constructive facts.  These silly problems introduced by Unger could have been corrected if his great writer's ego wasn't so stubborn and if he had shared his work with knowledgable individuals prior to his filing of the appeal document.

Unger Received A Fair Appraisal

    The Community Alliance's previous news blog extended (October 13, 2019) exceptional fairness to Jack Unger in the review of his appeal filing.  It states that "Unger did a fair job.  He covered many of the main points.  The main legal weight of the document falls upon the good exhibits that are attached."

    It should be recognized that while Unger wrote the filing, the appeal is largely based upon information that came from other people who contributed.  Most notable is Pat Flanagan of Desert Heights who was instrumental in the document's strength.  Jack Unger was desperate and he wisely reached out for help in certain areas, but sadly not in others which would have made the filing more professional in its structure.

    In the blog, I wrote, "The CSD's filing should have been more than Jack Unger writing by the seat of his unqualified pants."  This is substantiated in part by Unger's inappropriate editorializing.  From this statement, Unger writes, "Stimpfel's Implication" is that "Mr. Unger is an unqualified writer."

    Well, HEEHAW! on this epiphany.  Unger finally got it dang right!  As the person writing the appeal, Unger was a newbie and unqualified on CEQA filings.  A wireless technical consultant is not automatically qualified to write on CEQA affairs.

Unger's dishonest allegation.

    This blog post is being written in large part because one of Unger's 8-points is a complete fabrication (a lie or whatever one wants to politely call bullshit).  Jack Unger wrote, "As addressed above, Mr. Unger was highly qualified to write the Appeal.  Mr Stimpfel is likely angry because during the writing process, Mr. Stimpfel requested to take over the writing of the Appeal.  Mr. Unger refused his request to take over the writing process."   Wrong!   This statement by Unger is totally false.

    As I do have previous experience in appealing a solar project before the county, I did contribute knowledge and suggestions but I have never held myself as qualified to write the appeal application.

    With foresight, I did try for nearly two years to have the CSD board prepare for this time by hiring a CEQA expert to have the time to follow the events and to become fully aware of the matter, and to prepare any documents.

    Even after the filing assignment was handed over to Unger, I was suggesting that Unger's writing be turned over for review to a qualified CEQA expert.  Unger, believing that he is such a great writer, did not want his work reviewed by an expert (Was it fear?) and he arrogantly dismissed the need for professional guidance.  At no time did I exceed my limits and suggest that I was qualified nor did I ever request to write the appeal as Unger fabricates.

Bizarre

    The October 13th news blog has truly gotten into Jack Unger's head.  Some of his other fictional points are grasping at bizarre scenarios that I am a disgruntled candidate who lost in the last CSD election and that I am sulking in my defeat.

    People that know me understand that the opposite is true.  I enjoy far more writing about the CSD board and its characters than being on the board.  If I had been elected, I would be fulfilling my progressive changes for the CSD.  That in itself would be a full-time job, which in my retirement, I would have to sacrifice many of my desired priorities.  This I was willing to do because I can not "Write without being willing to walk the walk."  At the request of supporters, I ran for office.

    The community did not elect me, but I am grateful for each who did vote for me.  They wanted to see a change in the CSD's direction and not experience incompetence.  The election was a beneficial experience because for the first time in years some candidates actually had to campaign.

    Yes, I lost because people don't know my name and because of disinformation being widely circulated by the Paula cartel that I didn't live in the community.  One can not register for office without first substantiating proof of residency with the Registrar of Voters.  Paula and her cartel clearly know this.

    Even while speaking at the October 22, 2019, CSD board meeting, Director Jack Unger publicly asked where my residency is.  He is the one that still can't let go of the last election.  Since Unger has again brought up the residency topic, he lives in an aging mobile unit near the riverbed.

Did the filing suffer from a lack of time?

    The earlier news blog did legitimately question whether Jack Unger was able to dedicate adequate time to the preparation of the appeal.  The appeal had to be written on extremely short notice and Unger works as a graveyard security guard way-over-yonder in Hinkley.  At the time of drafting the appeal, he would have also been preparing for one of his Civic Hub meetings held the second day after his appeal filing.  Unger's "CORRECTING THE RECORD" shows a very touchy sensitivity to my assertion that Unger might have been overextending himself.

Unger attacking his mirror.

    Jack Unger starts his paper off with the Background of the Good, the Bad, and the Ugly of me.  Well, nothing I write doesn't have truth behind it.  Unger attacks that my writing is "false, fabricated and misleading" but he fails to present any valid evidence of such.

    Yes, the truth can be divisive and very disturbing to some, and they want to attack the messenger, but where else in Newberry can you find the information that the common folks are deprived of?  The Newberry CSD does an excellent job of keeping residents in the dark.  The CSD doesn't even audio record their meetings nor has an adequate PA system for the audience to fully hear their meetings.

    As previously stated, for nearly two years, I was trying to get the CSD board to acquire a CEQA expert and prepare to address the Scoping Meeting, the EIR Draft, the Planning Commission, and a possible appeal.  Unger sat on the board for a part of that time.  He sat silent, ignoring my foresight.

    As late as the Saturday before the appeal had to be filed on Monday, I had a CEQA expert available to review Jack Unger's filing on Sunday but Unger's ego of being a magnificent writer wouldn't allow a review, so possible beneficial CEQA passages of Law and other points of the FEIR's deficiencies were not included in the filing.

Where gratitude is deserved.

    Thanks to Pat Flanagan and a few others, good points were included in the filing to give the appeal good legal merit.

    I do highly praise Jack Unger for bringing the appeal before the Newberry CSD board and I thank the board for listening to the community and deciding to file the appeal.

    As stated, Jack Unger did do a fair job at writing the appeal on short notice.  With so much at stake for the community, a collaborative effort by him could have made the appeal much better.

    The appeal is the kick-off of what may become a long, drawn-out fight against the solar facility.  Clearway Energy is expected to fight hard against the appeal and the citizens of Newberry.  This community needs to let its egos go and unite collaboratively or it will lose.


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