Monthly Archives September 2011



LAKE Don Pedro Community Services District

9751 Merced Falls Road

Monday, September 19th, 2011 1300hrs

(209) 852-2331


Prepared by Lew Richardson from analog and digital recordings.

My best to you and yours, Lew


CLARIFICATION NOTE:  Just after taking a meeting break Kalvin Gile continued to advocate for a committee formation to investigate his White Pages printouts of telephone use at the water plant for four months.  Board Secretary Charise Reeves clearly reminded everyone present we were on break and should not discuss the matter until resuming the meeting.  Evidently, when I was absent from the board room, Mr. Gile had suggested that Dan Tynan and I be on his committee with Director Skoien and members of the audience fully supporting the idea.     



Vice President Kinsella:  Are we back on the record?

Board Secretary Charise Reeves:  OK, ah you call it back on and I’ll (inaudible)

VP Kinsella:  Ok, let’s get back on

Charise Reeves:  4:59

VP Kinsella:  Kalvin I’m not ignoring you

Multiple voices

VP Kinsella:  Say again?

Kalvin Gile:  That answer makes me happy.   And I’ll do it any day of the week, I’ll even give up golf. 

VP Kinsella:  Kalvin Gile would like to have a board member, ah sit down with him to go over the phone bill.  Ah, you can do it too Dan

Interim General Manager Dan Tynan:  I have, I’ve gone over it, and over it

Director Mark Skoien:  Well he requested you and Lew, because, he thinks you’d be good at

Director Lew Richardson:  Who?  Mr. Gile?

Director Skoien:  Yes

Director Richardson:  No thanks

Director Skoien:  You don’t want

Director Richardson:  I’ve got some other things that I am pursuing.

Director Skoien:  No, but I mean you don’t want to sit with Dan and him and look over the phone?

Director Richardson:  Not particularly.

VP Kinsella:  OK

Director Richardson:  I think it’s taking too much time for whatever’s been hoped to be achieved out of it.

VP Kinsella:  OK

Director Skoien:  Well Dan what do you feel?

IGM Tynan:  I feel I’ve spent enough time on it.  I have, this Friday, at 5:00 to be in Mariposa.

Director Skoien:  Right, what about, what about policies in the office are they going to be changed, I mean, you think it’s under control?

IGM Tynan: I think, actually I think this report shows that we’re all doing our jobs, you know, we’re calling customers, we’re calling suppliers, uhm, like I said I had that meeting Friday at 5 o’clock after work and I’m giving them all the information, the tapes, everything

VP Kinsella:  Go ahead Dan – Lew 

Director Richardson:  We’re there any porn sites, dating sites, anything like that on there?

IGM Tynan:  None

Director Richardson:  Thank you.  That’s good.

VP Kinsella:  OK, Coralane?

Coralane Porter:  Oh don’t you have a something before…

VP Kinsella:  You have a sentence to say?

Coralane:  Oh, OK it’s connected to the Wes Snyder which is below the Creation reactivation of CSD committees (multiple voices-inaudible) 

Charise Reeves:  OK, where are we at?

Director Richardson:  Well, we’re jumping committees.

Charise Reeves:  Yep

Coralane:  Yeah you’re

Charise Reeves:  We’re on M, if we’re not doing anything on the phone calls. 

Unknown:  yep

Unknown:  Yep

Charise Reeves:  You need to decide, are you doing anything with the phone bill issue or are you moving on to committees?

VP Kinsella:  I really don’t want to do anything until after we’ve, get a result from the Grand Jury, so my recommendation and if the board thinks otherwise, my recommendation is ah thank Mr. Gile for his offer and to decline at this time.   Anyone have a problem with it, any board member have a problem with that?  OK.  Thanks Kal we’ll just wait until we hear from the Grand Jury I guess.  OK, Coralane are you

Charise Reeves:  No we’re on page (inaudible)

VP Kinsella:  Yeah I know the committees, yeah

AGENDA ITEM M: CREATING/REACTIVATION OF CSD COMMITTEES (15 Minutes) Request – By D Tynan.  Request – By Director Richardson for the creation and/or reactivation of CSD committees with emphasis on an MID committee to facilitate communication regarding outside MIDPOU properties

[Standing Committees:  Finance: VP Kinsella and Charise Reeves – No current issues, waiting for selection of replacement director.  Operations: VP Kinsella and Director Skoien.  Personnel: VP Kinsella and Director Richardson.  Public Relations: VP Kinsella and Director Richardson.  Temporary Advisory Committees:  M.I.D.: VP Kinsella, Director Richardson and Wes Barton.]

AGENDA ITEM N: MID LICENSE AND McCLURE DAM RELICENSING (15 Minutes)  Request – By Wes Snyder to again discuss creating a committee and sending someone as a District representative to the relicensing meetings

 [Coralane Porter spoke on behalf of Wes Snyder who was unable to attend due to a medical issue.  Porter proposed the creation of an ad hoc committee to work in conjunction with the MID Committee.   VP Kinsella suggested submitting a letter of interest but Peggy Waltz didn’t believe it necessary since they were only to be an ad hoc committee.  Porter advised the three people interested in the committee were Ron Hunt, Peggy Waltz and Coralane Porter.]     

AGENDA ITEM O: REQUEST FROM WES BARTON – When is CSD’s plan not a plan? (15 Minutes) Request – By Wes Barton to discuss his letter to the Interim General Manager

 [Wes Barton reiterated his financial, operational, and ethical concerns about the board and district, pages 88-89 of the packet.  Emphasis on CIP projects and amount spent versus anticipated savings.]

 AGENDA ITEM P: RESPONSE TO WES BARTON’S REQUEST (15 Minutes) Request – By Dan Tynan to discuss his response to Wes Barton’s letter

[IGM Dan Tynan responded with a list of completed and planned projects, many already previously identified by CSD engineers as priorities.  Tynan defended the AMR upgrade due to the lost revenue that will be recovered because of many old and under reporting meters and that many of the CIP projects were required by the State so as to continue operations.]

AGENDA ITEM Q: METER INSTALLATION BIDS (15 Minutes) Request – By D Tynan to discuss bids received for the AMR – Meter Installation project and possible approval of this item as part of this year’s CIP budget

[Three responses to bids, drafted by the CSD attorney, for installation of water meters and electronic sending units were read.  Two were not sealed.   Notices clearly required how the bids were to be marked and sealed.  Research needed regarding legal options for re-advertising the job.    By Board direction, Staff will contact attorney (who had already left the meeting) for advice on how to proceed.  Motion by VP Kinsella to decline all bids; Second Ross; Vote: Kinsella; Ross and Richardson;  Skoien Nay. 

AGENDA ITEM R: ON CALL ALARMS (15 Minutes) Request – By D Tynan to modify policy 2010 – Hours Worked

[Alarms frequently going off due to failures in SCADA system.  Discussion regarding a revised formula in policy for overtime compensation rate for responding to multiple alarms during a short period of time.   Repair parts for the SCADA system on order.  Charise Reeves suggested doing a financial analysis of the problem prior to any change by the board.  Matter tabled until next month.]


Adjourned 6:15  [1815hrs]

Categories: Uncategorized.

PART IV September 19, 2011 CSD Meeting



LAKE Don Pedro Community Services District

9751 Merced Falls Road

Monday, September 19th, 2011 1300hrs

(209) 852-2331


Prepared by Lew Richardson from analog and digital recordings.

My best to you and yours, Lew


Public:  Yeah, I had it up (inaudible)


Wes:  Before you said some of these dates on some of these things that are really controversial that the facts are not,  they haven’t been discussed in enough detail you could sit down and have a sensible discussion, (inaudible)  why don’t you have these meetings in a special meeting instead of regular meetings? You just, you know, it burns down the whole, the whole operation, and sets it up so that the attitudes of the people then are, are, are poor, ah everything is just wrong on it, I’m not, I’m not trying to be critical, you know, its just that this would be a good policy to, if it’s a tough deal go to a special meeting.

VP Kinsella:  I would like, I would to have a special meeting on this one, but let’s get through this first and then ah, discuss, director’s comments I think would (inaudible).  Where Did Charise go?

Director Richardson:  Ah, outside

(Background talk as some leave meeting room)

(Multiple voices)

VP Kinsella:  Thank you, (inaudible) Charise was just there

Director Skoien:  She’s getting some information from that guy….

Multiple Voices

VP Kinsella:  Say again

Victor: Take a break

VP Kinsella:  Ah, not another one

(Background voices in audience)

VP Kinsella:  All set?  OK we’ll go back up to Item G, it’s on page 56.  Advertise for the board.



(No doubt reading such long and monotonous material isn’t all that much fun either.)  In an effort to make this as accurate as possible I have been using three pieces of equipment to do this transcription stuff: a digital hand held recorder, a computer –  for better quality sound playback, and an audio cassette tape player to listen to the official CSD audio recordings.   Usually the hand held digital will pick up audience participation better than the board recording equipment because when audience members do not come up to the podium it is very difficult to understand everything said due to the distance from the microphone, normal background noise and the inevitable multiple voices at the same time.   This process is much too slow considering the whole point is to get accurate and timely information to LDPCSD customers so they might better understand what is happening within this Community Services District. 

The most reasonable course appears to be to only transcribe those portions necessary to clearly understand some of the reasoning behind particular discussions and/or decisions made in these public meetings.   So, with that in mind, agenda Items not transcribed will be listed just as they were on the original meeting agenda with a brief summary of action taken (if any) enclosed within brackets [ ].  OK, here we go: 




AGENDA ITEM G: FILLING BOARD VACANCY (10 Minutes), Request – To approve steps required to fill the Lake Don Pedro Community Services District Board of Director’s vacancy


AGENDA ITEM H: WASTEWATER METER READING (15 Minutes), Request – By D Tynan to follow up on bill containing the error with wastewater meter reading

[Continuing process to obtain payment – subject will return on next month’s agenda]

AGENDA ITEM I: RESPONSE REGARDING DISTRICT PHONE CALLS (15 Minutes)  Request – In response to a Board request, analysis and response to complaint by Kalvin Gile about District phone calls


VP KINSELLA:  Item I, response regarding district phone bills, Charise are you going to do that or is…?

Charise Reeves:  Dan is

IGM Tynan:  Actually, yeah, I was going to start off when Charise finished up with the (inaudible)

VP Kinsella: It’s going to be a bifurcated thing?

IGM Tynan:   Yes, ah, after spending about 75 hours going through Kalvin’s, Mr. Gile’s, report, found a lot, a lot of mistakes.  So, called about every number a lot of them, we do have customers that live in Colorado, we do have customers that live in ah, Oregon, ah, I’ll just go over a few things.  An 11 o’clock phone call was from an on-call employee that was calling a past employee for technical support; the plastic surgeon phone call that’s one number away from, what was it?  Colorado pipe, Charise?

Charise Reeves:  Mountain States

IGM Tynan:  Mountain States Pipe, it’s one number off, honestly miscalled.

VP Kinsella:  So it was a misdialed

IGM Tynan:  It was a misdial, yeah.  And we, Charise can, she did a very described report on it and like I said there are a lot of mistakes, OK Charise.

Charise Reeves:  OK, Dan had asked me to go over this, the, the results of this.  First off everybody received this, and this spreadsheet and this is what was going out in part two of the packet, for those of you who never got part II, it ended up being 52 meg when we scanned it in and the email said “no way”.  Ahum,

VP Kinsella:  Would you like you’re comments for the record?

Charise Reeves:  Oh yes, I’m going to read the staff report for the record.  So everybody’s got this, I took the phone bills and went directly to, and then tried to re-create what Kalvin had come up with, but I’ll read, I’m going to read this staff report for the record because this was made such a big deal as far as the, how it was presented so that community members can all hear the response as well.

Unknown: What page is this?

Charise Reeves:  OK, this is on page 72:

Background:  On May 18th, 2011 Interim General Manager Dan questioned several phone calls on the monthly telephone bill.  In the office at that time was Financial Administrator C Reeves and Director Keefe.  By the end of the day, the District had received a Public Records Request from Kalvin Gile requesting 4 months of telephone records.  The issue of having a problem with use of District phones had never been brought to the Board as a problem.

On July 12th, 2011 at the Special Board Meeting for the Budget Presentation, Kalvin Gile presented his findings.  The item was not on the agenda yet his 5 minute limit was waived, and he was allowed to discuss accusations against staff as part of the budget discussion.  He presented a packet with the phone records duplicated.  Normally when items are passed out at Board meetings, a copy is put with the packet for the District’s records.  Kalvin told the Directors these were his personal copies, and they could not keep them.  The Secretary was not given a copy for District records, even upon request.  The Interim General Manager was given a copy with the statement, “I’ll hang you if this gets out.”

Office staff was attacked with little or no mention of plant staff contributing to the phone calls.  There are phones in the office, the plant, and the Boardroom building.  All staff members make phone calls.  In particular, staff member Marchesiello was specifically targeted with her husband’s reverse lookup address and phone number being passed out to the audience and multiple mentions of calls to New York and Ohio where she has family.  This is just one more example of the hostile work environment found at the District.  Per Dan Tynan an email to Interim General Manager Dan Tynan and Board Members from staff member Marchesiello was sent due to concerns of a public member representing himself as a distric – as a representative of the District.  This email was sent prior to Kalvin’s presentation and is included following this report, with her consent.  It has raised questions how a public member/Kalvin received this same email that was addressed only to the Interim General Manager and Board Members and whether or not this was why she was targeted in the meeting.

Staff was directed by Director Keefe to research this issue.  Multiple staff member have put in over 75 hours to research this issue to defend the accusations made.  Staff duplicated the phone records, compared them against Kalvin’s document given to the Interim General Manager, and researched phone numbers.  True, if taken as presented, the issue is “alarming”.  However, upon further research, many of the items stated are not accurate.  Staff is allowed two 15 minute breaks and a 30 minute lunch each day, and the District does not incur any additional charges for the calls in question.  He found that there were never more than one hour of calls in a single day indicated by any single employee.  Many employees volunteered the numbers of their family as part of the research.


The District has 3,195 lots or possible customers.  A large majority of our customers are residential customers, not businesses.  We document some customer’s phone numbers, home and work, which were those verified as customers.  However, many customers will leave alternate or business numbers for staff to return calls.  Kalvin questioned the number of cell phones called.  Many residential customers use cell phones, and may not even have a land line.  It is not unusual.  Return phone numbers are not always documented in their file.

Kalvin stated he found 705 unlisted numbers.  Staff found only 314 after comparing the lists and doing additional reverse lookups in the yellow pages.

Kalvin stated 302 calls were less than 60 seconds indicating staff was calling people and saying “call me back”.  The actual breakdown was 1,428 calls for 60 seconds or less including 157 faxes, 774 calls from the SCADA system, and 6 from the 800 number, leaving 491 other calls for 60 seconds or less.  Of these, only 44 were identified as calls to family members/girlfriends, and many were after hours, most likely informing them they were still working and would be late.

Kalvin was not initially aware that the 713 phone calls made to a single number were to the on-call pager, and once staff informed him of this, he suddenly changed direction and the SCADA system being broken became an issue.  The SCADA system makes a call to the pager upon an alarm being triggered.  It hen makes additional calls every few minutes to phone numbers listed on the on-call rotation list.  This continues until the on-call operator acknowledges the alarm by pressing “1” on the phone, if reached by phone, or by pressing a key on the computer, if responding by computer.  The phone records indicate three phone numbers were called.  Upon research, it appears the total number of SCADA calls were 779, and they were for approximately 232 alarms.  True, this is still a large number of alarms; however, these occur at any time of the day including working hours over a 4 month period.  The Board of Directors have already authorized the replacement of the antennae as part of the twenty -, that should be 2012 CIP projects which may reduce the number of alarms, hopefully, eliminating those caused by locations going off-line.

Specific calls questioned:

McNamara Sports – purchased t-shirts and hats for plant staff

KOA Campgrounds – contacted regarding the Sanitary Survey

23 minute call to Illinois – staff contacted Fellowes Inc regarding the current warranty and possible repair of the office binder

The plastic surgeon in New York – obvious misdial:  the Plastic Surgeon’s phone number was 716-634-5555.  The call was made at 1:01 pm on 3/10.  The calls before and after were to Mountain States Supply, one of the District’s suppliers, with the phone number 719-643-5555 and were made at 12:58pm and 1:02pm on the same day. 

Calls to Dayton, OH were questioned – there were only 3 and 2 of them were for Wright-Patt Realty

Call to Hicksville, NY – there was a single 30 second phone call to a family member

2 calls to New York where the time zone was questioned there –both were faxes

The unknown trucking company – Staff volunteered information that the number questioned was her husband’s cell phone.  This was not unknown to Kalvin as it showed on a draft copy of his documents as Rich Reeves Trucking, and he contacted the number and verified with Mr. Reeves the number belonged to Richard Reeves Trucking.  He identified himself as doing a “cell phone audit”.  It would seem obvious that the number belonged to a family member as they both had the same last name. 

The call at 11:00 at night was an employee on-call calling for technical support.

77 Out of state calls:

10 were district bus – identified district business

34 were faxes

4 were customers

3 were in-coming to our 800 number

1 was an employee family member volunteered by S Marchesiello

1 was the obvious misdial to the plastic surgeon and

24 others were un – were other or unknown

During research it became obvious some customers leave their work number as some of the numbers verified included Armell & Hurtle, Balloon Enterprises, Mariposa County, realty companies, and Sonora Medical Center.

Kalvin questioned the massive amounts of employee time spent on phone calls when the District had just raised rates, increasing his water bill.  Yes, employees do use the phone.  It is a huge part of their job.  However, the amount of employee time spent on personal phone calls does not appear to have contributed to increasing the water rate.  Instead, a contributing factor might be found during Kalvin’s term on the District Board when two loans were accepted costing the District $194,154.05 each year for the past 5 years with $119,006.08 continuing through 2026 and litigation was initiated which has currently cost the District almost $75,000 in legal fees that can be directly connected and an additional $30,000 incurred between July 2008 and November 2008 for a total of $1,075,770.

Staff documented 2,149 phone calls during 4 months of operation

782 – District business calls easily identifiable including

195 – verified customers

186 – faxes

401 – technical support or businesses the District uses

779 – SCADA calls

78 – Business calls which may or may not be District related

141 –Personal calls to families/girlfriends

314 – Unlisted or unknown

8 to the 800 number for incoming phone calls

6 – obvious misdials based on calls before/after, and

2 –disconnected numbers

437 calls made on non-work days, of those 437, 426 were calls made out of the SCADA system,

11 were other calls, of those 11

1 was a fax

2 were business calls

3 were customers

4 were personal calls and

1 was other or unknown

462 calls were made before or after normal working hours being 7:30am to 4pm.  Plant staff is on call 24 hours a day.  The two salaried employees effectively are on a 24 hour time clock.  The other office person regularly works before and after normal “office” hours of 7:30 to 2:30, so calls made before and after work hours are not unusual.

A 116 of these calls were made within 1 hour before or after working hours

390 calls out of the 462 were calls made out of the SCADA system

72 were other calls, of those

5 were faxes

26 were business calls

4 were customers

1 was the 800 number in-coming phone calls

19 were personal calls to family and girlfriends

17 were other and unknown

Errors found on Kalvin’s spreadsheet:

125 entries were listed in Kalvin’s document as unlisted but upon a reverse lookup in the yellow pages were found and documented

59 entries had the wrong phone number

15 entries had the wrong date

17 entries had the wrong time

7 entries had the wrong length

19 calls were missing all together

268 entries were incorrectly coded tan which meant they lasted 60 seconds or less

449 entries were incorrectly coded green which meant they were made before or after hours which were 86 Mondays, 124 on Tuesdays, 93 on Wednesdays, 71 on Thursdays and 75 on Fridays

Final statement, for those who do not trust the research of staff members, staff would be more than willing to allow anyone to come to the office and compare the spreadsheets put together by Kalvin and staff versus the phone records.  In addition to that was the email sent from staff member Marchesiello to Interim General Manager Dan Tynan and Directors, and it states Good morning Dan and Directors, please note the attachment was typed at home and not on company time.  Her email states,

IGM Tynan: Charise, we don’t have to (inaudible) read (inaudible)  

(Multiple audience voices disapprove of reading email)

Charise Reeves:  OK

(Multiple voices)

Director Richardson: Well can you put it in the record and just put it in the record for the next time.

(multiple voices)

Charise Reeves:  Can do



There have been instances in my past employment here at LDCSD where I willfully ignored negative actions and efforts of both my fellow employees and board members, in the interest of getting along and getting the job done.  A new occurrence has arisen which I cannot privately ignore.  Because of this incident I am extremely upset.


This letter is being sent to you as a response to an incident that occurred Friday June, 17th, 2011.  Although the incident happened on June 17th the true beginning occurred while I was on vacation.


While on vacation my system Connie Latronica, phoned me, concerned she asked me if “everything was ok.”  She explained that she had received a call, at her home, from Dan Tynan, he identified himself as being from the District and he asked who she was, and whether she was at a residence or business.  Not understanding why he would be asking her questions, or who he was at the time, she ended the call.  When Connie informed me of this conversation, I told her I was due back to work the next day and I would find out what that call was about.


The next day, I immediately approached Dan and asked if there was a problem.  He informed me he had been reviewing the phone bill and in the presence of Charise, and Vicki Keefe he stated that there where many calls to the same number.


I then explained to Dan that that number belonged to my sister Connie, and that each morning, while I am working, I call Connie to see what is going on with a relative who is suffering some severe health issues.  I further explained if he checked he would see that the duration of each call was very few minutes and in some instances only 30 seconds.  At that point he said there was no problem and I believed all was well.


Dan has been there many times in the office while I made these calls.  He said he had problems with someone being on the phone a lot and he wanted to see if the calls belonged to them.  I have worked at the district for eight years and I have seen and am well aware, of the detail included on our phone bills.  If I was trying to be deceptive, I would have not used the company phone, but would use my cell phone, as some employees have done.  The cell phone issue, being problematic, has caused Dan to install a loosely enforced policy, forbidding cell phones at work.  In eight years of work I have never brought my cell phone to the office.


I do not believe I was doing anything wrong in my making these short telephone calls.  I did not interrupt my work.  In fact most days I do not take the two 15 minute breaks which are allowed by law, I am a self motivated worker and I pride myself in doing a full day’s work, each and every day!!


Shortly after my conversation with Dan a former Board member and current rate payer (Kalvin Gile) requested a copy of that phone bill.  I believe this was done through an email to Charise, but I cannot say for certain at this time.  This made me curious, wondering how a public member would have heard about the phone bill.  I did ask both Dan and Charise if either of them had anything to do with Kalvin knowing about it.  They both told me no.  When Vicki stopped by the office, I asked her in front of Dan as well.  Her reply was “what phone bill?”  I stated “the one Dan mentioned the other day when you were in the office.”  I don’t believe an answer was given.


This is one of my concerns, how and why did someone feel it necessary to get a former board member, and current rate payer involved in intercompany office matters.  Who authorized this?


I did suggest to Charise, that attorney Ray Carlson be contacted to make sure we can give a public member a copy of the phone bill.  This was not done not for my own benefit, as I had volunteered they were my calls, but rather to protect the District.  Ray’s response was “yes”.  Kalvin did indeed receive a copy of the phone bill.  In fact, I cannot say for certain but if you look at our general ledger account you may see that Kalvin was not charged, nor paid for these copies as any other rate payer would do.


Following this, Dan had let me know Kalvin was questioning the phone bill, and he informed Kalvin that certain numbers represented calls made by me.  I asked again if this was a problem, he again stated “no”.


Later, Dan told me Kalvin had requested him to research more of the numbers on that phone statement.  I don’t believe a public member can direct the General Manager in this manner.  I asked, again if there was any issue with my calls and again Dan said no!


Friday June 17th I received a call from my sister stating that a man named Kalvin Giles keeps calling her house.  He stated “we are investigating some phone calls they had received.”  She asked him who is “we”?  He told her “Kalvin Gile, from the District.”  As I stated my family is dealing some personal family health issues, and my sister was quite upset about these continuous calls and in addition concerned for me.  I told her I would handle the situation so she would not have to be harassed anymore.  I immediately phone Kalvin at home and told him the number that he has been calling is my sister’s home, and I already dealt with Dan about this, I should not be explaining this to him and I told him to stop.  I stated I thought this was taken care of.  He said he would stop calling, though his demeanor was smug and condescending.


In summary:


I don’t know why after I fully explained a series of very short calls to my General Manager, a public rate payer continued to call a telephone number already identified.  I am sure it is legal to have the telephone statement; however I am not so sure it is legal for a private person to use those telephone numbers.  If Mr. Giles is working for the board or the District, when did that begin and who authorized it and can a rate payer assign work to a General Manager?


Why are there so many leaks to individuals of district business?  Who is responsible for all these gossipy leaks and what is the motive for doing so?


Let’s have 100% honesty and transparency, if you have issues lets air them, but please stop this silly game playing.  I expect no further annoyance to my family members, and would appreciate a timely response and action to the issues in this letter. 


Cynthia L Marchesiello




Director Richardson:  Wow, sure seems like an awful lot of time was actually wasted by our employees because of an accusation by Mr. Gile that evidently was based on pretty much erroneous information –

Kalvin Gile:  Mr. Chairman

Director Richardson:  I ah, I’m speaking right now, you’ll have your turn.  You know, when you brought this up, it should have never been allowed to begin with, and you were attacking employees basically making accusations they weren’t doing their jobs, they were costing this district money, and because of that, we have incurred a loss.  We have lost a lot of work hours, and like I said, for the record, I’d like the response, is there is any – would you consider it appropriate for an apology for that? 

Public:  No

Kalvin Gile:  Mr. Chairman can I ask for a two minute break   

VP Kinsella:  Wait a minute, wait a minute, are you finished?

Director Richardson:  Yes

Kalvin Gile:  he asked me a question and I want to provide him with an answer

VP Kinsella:  OK, you can do that now, I wanted to make sure he said

Kalvin Gile:  (inaudible) out in the car, the car right outside the front door.  Victor, you want to give me a hand?  It’ll take me longer

(Multiple voices, conversations- waiting for Mr. Gile to bring boxes of material into board room.  Ray Carlson questions property location of Poe on map.)

Kalvin Gile: It’s easier, actual printed white page in reverse, page by page for each, each phone call that was made. 

Director Ross:  I didn’t hear you Kal

Kalvin Gile:  These are the phone records, each phone number that was called a white page phone print, please don’t do that (laughter).  The district uses used Yellow Pages, I used White Pages, if there’s a difference, did I make mistakes?  Probably.  Is the district more accurate than I am?  Maybe, maybe not.   

What happens when each phone call was made is there’s a printed phone number white pages.  Are you right or are you wrong?  Can you prove it?  I’ve got them to prove I was right.

Director Ross:  What does that mean Kal?

Kalvin Gile:  It means that when you reverse, you put a phone number in its going to come back and tells you who it belongs to, if it’s a land line it just says land line, if it’s a page it just says land line, if it’s a FAX it just says land line.  There’s no way for me to know, or anyone else to know what it is, you can’t determine by going, at least to White Pages and looking it up, but there is one, two, three, four, and there’s three here, four more

Director Ross:  What?  Boxes?

Kalvin Gile: White Pages

Director Ross:  And how many in a box? 

Kalvin Gile:  Ah, the total was on the ah, the

Director Ross:  (Inaudible) the sheet

Kalvin Gile:  …presentation, so whatever, whatever

Director Ross:  (Inaudible)

Kalvin Gile:   was put on there was one brought down

Director Ross:  This sheet here that you did

Kalvin Gile: Yeah that sheet there.  In addition that sheet is marked draft work product.  Everybody’s familiar with what draft work product means? 

(Multiple voices)

VP Kinsella:  Oh Boy

IGM Tynan:  You give us information and then we’re not supposed to do anything with it?

Kalvin Gile:  No, I give it, I didn’t pass it out to the board because it’s draft, it’s work product.  I give it to you you were the Ge, Interim, (inaudible) might as well say General Manager, Interim General Manager, your, my view, your biggest responsibility was finding out it has any merit.

IGM Tynan:  It was so wrong.

Kalvin Gile:  Well I’m telling you, there there are errors, no question

IGM Tynan:  There was a lot of errors, that’s, that’s ah

Kalvin Gile:  There is,  additional, ah, I just printed out one copy of the 572-8002 it tells me

IGM Tynan:  That’s a, that’s a pager

Kalvin Gile:  I understand that

VP Kinsella:  Well, what do you want, what do you want to do with these boxes?

Kalvin Gile:  I’ve got documentation that says you are inaccurate.  You have documentation that says I’m inaccurate, I’ll agree that I probably made mistakes.

Director Richardson:  How much did it cost the CSD with what you’re saying?  Your estimate?

Kalvin Gile:  How much is it costing the CSD and I disagree with the philosophy: ah we pay the phone bill and it didn’t cost anything, my foot it doesn’t cost anything. 

IGM Tynan:  Out of four months

Kalvin Gile:  Listen to me. 

Director Richardson:  Out of four months how much do you think this cost?

Kalvin Gile:  Let me finish.  Please, I didn’t interrupt you.

Director Richardson:  Sure, sure

Kalvin Gile:  The four months, now you made me lose my train of thought, ah, ability to state that it didn’t cost us anything because it’s paid for anyway, if you applied that to the truck out there that means anybody can drive that truck because it’s paid for anyway.

IGM Tynan:  No

Director Richardson:  No, I’m just trying to figure out what this, what this will cost us in relation to what you say…

VP Kinsella:  OK, OK

IGM Tynan:  IF you take four months and times them by eight employees, or seven employees, and they get one hour break a day, which they never did, I did not find one day where they went over an hour for a personal phone call.

Kalvin Gile:  That’s still inappropriate, you cannot make one personal phone call

IGM Tynan:  If they are on 15 minute break

(Inaudible, multiple voices)

VP Kinsella:  There’s no reason, there’s no reason…

Kalvin Gile:  (inaudible) on their phone, their building, their light switch, but you should not be doing it on company time. 

VP Kinsella:  OK, OK, when did you not make a personal phone call on company time? 

Kalvin Gile:  I owned my own business it didn’t matter. 

(Cross talk)

VP Kinsella:  I’m just asking 

Kalvin Gile:  I didn’t

VP Kinsella:  Well if you don’t, never mind

Kalvin Gile:  Going on, let me finish the presentation since you brought this subject up, I didn’t bring it up.  I was perfect perfectly willing to work through it, here are draft work product and it’s marked.  These are our

Charise Reeves:  (Inaudible)

Public:  Point of order, point of order

Director Ross: Who’s asking a point of

Director Richardson:  Somebody had a point of order, or something?

Public:  Yeah

IGM Tynan:  Again, this is the same, this is the same stuff

Kalvin Gile:  Wait a minute let me finish

Public:  I don’t believe the two of you should be discussing while he’s making his presentation

Director Richardson:  And you folks shouldn’t be talking about that either so, let’s, let’s give him his undivided attention

Kalvin Gile:  This document being district work hours are from 7:30am to 4pm after that and before that we’re paying overtime to (inaudible).  You shake your head no?

Charise Reeves:  Well, for myself

Kalvin Gile:  I can’t speak to you

(Multiple voices)

Kalvin Gile:  This is just a list of before and after the work day,  

VP Kinsella:  OK, you’ve made, you’ve made your point I think Kal

Kalvin Gile:  I, I can I finish making?

VP Kinsella:  Not much longer

IGM Tynan:  (inaudible) comes in early sometimes

(Multiple voices)

Charise Reeves:  Yeah, I need a copy for the records

VP Kinsella: OK, any questions from the floor?

Victor:   I have a question, who authorized those phone numbers to be given up to Giles?

IGM Tynan:  I spoke with, at first Raymond and then I spoke to the D.A., cuz this had gone to the DA.

Victor:  You understand that it is a misdemeanor to give that information? 

(Multiple voices arguing) 

IGM Tynan:  Ah the DA, said, the DA said I could.

(Multiple voices disagreeing)

Victor:  Yes it is.  Call any company and (inaudible)

Public:  The content is what is protected not the number

(Arguing between audience members)

Public:  What you do with them.

Unknown:  Raymond?  Legal opinion?

Kalvin Gile:  IS the content protected or is the number?

Raymond Carlson:  A bill is the bill, it’s just like my legal bill, that’s a public record, that’s the way I look at it.  So somebody made a public record request for all the bills from XYZ company, attorney, phone company, whatever, that, that those are public records.

Victor:  It is not counselor.  I called, I called Tuolumne Utility District and I said could I get the phone numbers for four months from your…. do you have a subpoena?  You need a subpoena counselor.  And also, if somebody complains to the State Bar I wonder what they’re going to be answering?

Raymond Carlson:  Well, I mean, I’m just telling you what I,

Victor: You need a subpoena counselor (inaudible)

Raymond Carlson:   what I, gave my answer. Pardon?

Victor:  You need a subpoena (inaudible)

Raymond Carlson:  I’m not going to argue with you about it.

Victor:  (inaudible) not argue with me, but you do need a subpoena

(Multiple voices)

Public:  Clarify this a little bit, records for this place are different than records for a private business.

Victor:  I’m talking about Tuolumne Utility District

Public:  Well, that’s a public district

Victor:  Yes, same as this one

(Multiple voices arguing and stating no)

Victor:  Yes

VP Kinsella:  OK, OK, you had a question?

Public:  I have a question for the lawyer on this, somebody taking this data it’s kind of like yelling fire in a theater when there’s no fire, don’t they have a responsibility to respect the privacy and not be actually using that data just as if I took my shortwave radio and tuned in on something I wasn’t supposed to hear, it’s legal for me to hear it, but not to go out and run my business on it.  (Inaudible)  Are there further restrictions in getting this data, from the, from the CSD?  The data that

Raymond Carlson:  Once a number is in the bill, and the bill was a public record it’s part of a public record.

Public:  OK, and there’s no further protection?

Raymond Carlson:  No, I mean we’re not talking about what was said in the phone, you know, the phone conversation, I mean, we’re not talking about anything like that, we’re talking about it’s just like, it’s just like what people, what people get paid in a public agency is a public record, I mean we might think that’s a private matter, but that’s actually publically a report, it is publically discloseable and has to be disclosed.  So I mean if somebody makes a call on a district phone to the Mountain State Pipe and Supply their phone number is on there that, that, it gets into the phone bills, or phone companies’ bill the bill gets sent, that’s a public record.  I mean Victor doesn’t agree but you know, that’s OK we don’t

Always agree on every

(Inaudible – Multiple voices):

Victor:  (Inaudible) talked with several law enforcement company and I talked to the district attorney in different counties and the answer is this is (inaudible) confidential information and it’s a misdemeanor, quote end of quote.

Raymond Carlson:  Ok, I don’t know how a phone number is confidential infor…that’s like saying your address is confidential, is your phone number confidential?

Victor:  Yes it is

Raymond Carlson:  Why?

Victor:  To give to somebody?

(Multiple voices, cross talk)

Raymond Carlson:  If the district called you because you didn’t pay and your phone number got into the district records, is that confidential?

Victor:  If it’s given to telemarketers or anybody else, yes it’s confidential.

Raymond Carlson:  Anybody can make a public records act request

Victor:  (inaudible)

Raymond Carlson:  Is there an exclusion of the public records act (multiple voices)

Victor:  You need a (inaudible) counselor

Raymond Carlson:   OK, I’m not going to argue with you

VP Kinsella:  OK, OK, OK

Victor:  Better not argue with me because you’re going to be talking with the state bar

Public:  (multiple voices)

VP Kinsella:  Any question from the floor, Peggy?

Peggy:  I don’t have a question just a suggestion, can the two of you sort of make a happy medium somewhere, in the sense of saving time because you’re never going to make any (inaudible) out of this

VP Kinsella:  This is an obvious fishing expedition and I don’t go for it.

Public:  (Inaudible)

Peggy:  Well, I mean, I’m sure there’s some responsibility on both parts (inaudible)

VP Kinsella:  OK

Public:  (inaudible) do a Rodney King-cant’ we all just get along?

VP Kinsella:  What is the question?  Lew?

Director Richardson:  Mr. Gile, what put you onto this?

Kalvin Gile: This gentleman said in the meeting on the 16th if you read it and bemoaned the fact that the telephone situation was out of control to the district

IGM Tynan:  Cell phones

Kalvin Gile:  Well I didn’t hear the cell phone – I heard telephone, is out of control in the district.  In my business, we, as I explained in the first presentation, we did a track on, if you want to make a call we didn’t, we didn’t restrict you, you dialed a number and the telephone company separated that number to the call you made and management got a report back.    

Director Richardson:  OK, so, so you think with everything you have here, you have evidence of substantial waste to the CSD?

Kalvin Gile:  I have evide, of a substantial abuse.

Director Richardson:  Abuse?  Ok

Kalvin Gile:  Not about waste, abuse.  I see this as abuse.

Director Richardson:  OK, abuse.

Kalvin Gile:  My, my people

Director Richardson:  Your people?

Kalvin Gile:  Yeah, when I,  a 113 of them

Director Richardson:  113

Kalvin Gile: They’d use the phone, we restricted the phone

VP Kinsella:  OK, what are, what are we going to do with this?

IGM Tynan:  Ah Bill?

VP Kinsella:  Yes

IGM Tynan:  Actually I have to go to the, to the Grand Jury on Friday and I’m very glad and willing to talk with them about this

Kalvin Gile:  Well they’re very willing to talk to you about it too

IGM Tynan:  Yeah I’m glad they are, I really am

Kalvin Gile: (inaudible)

VP Kinsella:  This is an issue for the Grand Jury?   

(Multiple voices)

VP Kinsella:  Ahh for

Director Richardson:  You’re kidding me?

(Multiple voices)

Victor:  Dan, you may not discuss anything that you talked to the Grand Jury.

IGM Tynan:  Oh I know

Victor:  (Inaudible)

IGM Tynan:  I can’t say, I can’t say what is said once I meet with them

Victor:  Right

IGM Tynan:  Once I meet with them I can’t say anything

VP Kinsella:  No wonder nothing gets done, geez we’re fighting forest fires for crying out loud.  Alright, any other comments, Charise, what’s your pleasure?

Charise Reeves:  Ah, the next item is Kathy Agee

AGENDA ITEM K: REQUEST FROM KATHY AGEE (15 Minutes) Request – By Kathy Agee to request a response to her claim

[Kathy Agee is still attempting a refund for the meter reconnection fee she paid to obtain water with a portion of her argument evidently based on the California Constitution.  The CSD attorney will study and research new material presented at the meeting by another individual also requesting a refund and will report back at the next meeting on October 17th.  The attorney advised he was confident with his first opinion that no refund was required to be made.  Ms Agee stated for the record that even if the attorney confirms his original opinion a refund is not required she intends to pursue the matter further.  Agee also reiterated her opinion that a director should not publish information about the CSD on a website and that she would still like me to resign as a director.]


AGENDA ITEM L:  COUNSEL/MEDIATOR (10 Minutes) Request – By D Tynan to discuss having counsel or a mediator at each meeting

[Continued research into obtaining a mediator for meetings as recommended by the Grand Jury.  The attorney suggested contacting JAMS, Judicial Arbitration/Mediation Service, but cautioned it could run approximately $3,000 a meeting.  Public suggestion that a legal type mediator may not be needed thus reducing the expense.]





Categories: Uncategorized.





LAKE Don Pedro Community Services District

9751 Merced Falls Road

Monday, September 19th, 2011 1300hrs

(209) 852-2331


Prepared by Lew Richardson from analog and digital recordings.

My best to you and yours, Lew




Vice President Bill Kinsella:  OK, we’ll reconvene the meeting now, it’s 1451.   OK, unless, I’ve had a request just at the break, and unless the board objects, I’d like to move Item J, Request from Mike Schartz up to the current topic.

Director Emery Ross:  What page?

VP Kinsella:  Any complaint, Mark?

Director Ross:  What page?

Director Skoien:  No I have no problem.

VP Kinsella:  Ahh, page 80

Director Ross:  80?

VP Kinsella:  Yeah

Secretary Charise Reeves:  What do we have board consensus or a motion?

VP Kinsella:  Board consensus, OK, Mr. Schartz, it’s all yours

Mike Schartz: Ahh,

Secretary Reeves:  Can you come up to the podium please

Director Ross: Can we get some backup from staff on it or something or what?

Director Skoien:  If we have any

VP Kinsella:  Mr., are you Mr. Schartz?

Mr. Schartz:  Mr. Schartz yes.

VP Kinsella:  Mr. Schartz has asked ah for time to plead his case to get a water meter and water on your property is that correct?

Mr. Schartz:  Yes sir.

Director Ross:  Before he speaks though could we get some background from staff so people know what he’s talking about

VP Kinsella:  Well you know about it, you know more about it than I do

Interim General Manager Dan Tynan:  I believe it is the Poe property

Director Ross:  You, he may know more than all of us, I don’t know.

Director Skoien:  The Poe property?

Mr. Schartz: It was the Martin or Morasci  property

Director Ross:  I guess nobody knows so go ahead

Director Richardson:  That already has a meter though

Mr. Schartz:  It has a box for a meter

(Unknown) It has a box

Mr. Schartz:  But there’s no meter

Director Richardson:  Mark you said it had a meter

Director Skoien:  No, not that property

Director Ross: Not that property

Director Skoien:  No way, never

Director Richardson:  Well, we’ve got a big problem here

Director Ross:  No you don’t have a problem

Director Skoien:  The line is in, but it never had a meter in the box

Director Richardson:  You said, January 18th, there was a meter on the Morasci property

Director Skoien:  No, no

Director Richardson:  And it

Director Skoien:  there were three on Poe

Director Ross:  There’s a box there

Director Richardson:  This is going to show why we need verbatim transcripts because I’m going

Director Skoien:  No

Director Richardson:  That is exactly what you said

Director Skoien:  No there’s a meter box and a line on Morasci

Director Richardson:  You said it had a meter

Director Skoien:  No,

VP Kinsella:  Direct the questions to Mr. Schartz

Director Richardson:  Is there a meter on the property?

Mr. Schartz:  No sir

Director Richardson:  OK, great.

VP Kinsella:  Has there been a meter on the property that you’re aware of?

Mr. Schartz:  To my knowledge, no.

Director Richardson:  Oh Boy.

Mr. Schartz:  But there has been a pipe put under the road and the box is there (inaudible)

Director Skoien:  Yeah the service line is there

Mrs. Poe:  It’s been there for years

Director Richardson:  Right, there-

Public:  (inaudible) vacant lot basically?

Director Ross:  Yeah, same kind of thing, a lateral

Director Richardson:  When was the ah pipeline put in do you know?

Mr. Schartz:  I believe it was in the 80’s, early 90’s, late 80’s  (background talking)

Director Richardson:  90’s.  Early 90’s.

VP Kinsella:  Ahum…

Director Skoien:  There

VP Kinsella:  Go ahead

Director Skoien:  Just to maybe clear Lew up, their box, if you go up that driveway that goes to Poe, its, as your looking up to the property, its on the right of the driveway, and there’s a fire hydrant there, Poe’s were all on the left, up the hill (multiple voices) up the hill remember?

Director Richardson:  Both you and Mr. Ross said that ah, the Morasci property had a meter that was separate from the two that were removed from the Poe property

Director Skoien:  had a meter box

Director Richardson:   the Poe property, no

Director Skoien:  had a service

Director Richardson:  No you said meter

Director Skoien:  Well if I said the word meter it was a mistake cuz I always knew there was no meter in there but the service is there

Director Richardson:  Well that’s what I thought until I went back over the ah transcript and then ah, Director Ross on May 3rd in an email to apparently to try and clarify things, says, Morasci’s name does not appear on CSD outside place of use report, but a meter is on her property –

Director Ross:  Misspoke

Director Richardson:  he later says the same holds true for Shaw.

Director Skoien:  I don’t know anything about Shaw

Director Richardson:  Well you know, I tell you what, let’s do your thing and then I’d like to do a little thing also that I think is going to go right to what your question is

Mr. Schartz:  My question is I’d like to request service

Director Ross:  And he’s outside place of use

VP Kinsella:  He is outside place of use

Director Ross:  Yes he is

Ray Carlson:  You talking MID place of use or the district?

Director Ross:  MID’s pla, well yeah, it’s not in the original subdivision just is

Director Richardson:  And he’s outside the service district boundary as well

Director Skoien:  Just like Poe is

Ray Carlson:  And the MID place of use?

VP Kinsella:  It’s outside MID

Director Ross:  The thing is, there is a lateral and always been a lateral there.

Director Skoien:  Yeah

VP Kinsella:  It’s it’s my understanding that ah there’s a water line that’s close to your piece of property?

Mr. Poe:  Yes

Mr. Schartz:  There’s a meter box about 25 feet from my property line.

VP Kinsella:  OK, and the lady that owns that wants you to pay a portion of that, the cost for that, is that correct?

Mr. Schartz:  Well my understanding is, it was an agreement between Sandy Poe and Donna Morasci back in the 90’s to split that fee and then when it come time to pay for it after all the work was done, Donna Morasci backed out on it.  Leaving that box, the meter box empty with no meter in it until I’m coming along now to request a meter to be put in it.

VP Kinsella:  Oh boy

Director Richardson:  Oh boy

Mrs. Poe:  And I have a letter from the previous board stating no one would get water until we are reimbursed our cost and that I believe

VP Kinsella:  You’re Mrs. Morasci?

Mrs. Poe:  I’m Mrs. Poe

VP Kinsella:  Oh, OK (laughing) I’m sorry

Mrs. Poe:  And I have a, there is a letter Syndie has it on file, I have a copy of it in my, in the truck, but no one could be, get water on, now his property until we are reimbursed because she literally took us to the cleaners.

Director Richardson:  So have you been reimbursed?

Mrs. Poe:  And so this

Mr. Schartz:  She will be reimbursed

Mrs. Poe: and all this

Mr. Schartz:   as soon as I’m allowed water

Mrs.  Poe:  you know, the water company at that time, whoever was there, ripped up my driveway took a line over to her, we had to pay to have it asphalted again, and put that in place for her, for that property it’s already in place, but, she just, at the board meeting I came to, when I requested why she hadn’t paid the contractor which was a man named Ken Nichols, and the water company, what was left on the water company bill, she said my name was on anything was it? And we were left with all that to pay.  Our kids had to help us and then, ahum, you know, it, all this, just, didn’t make sense to me that, you know it’s in place, this has been all approved years ago, and so now that he has bought the property, which she did a little finagling around him, ahum, now all this was in place since 1990 or before, and now he’s requesting, all he wants is water.  All he wants is water.

VP Kinsella:  Hang on a second, Emery had his hand up

Director Ross:  Well, the boar, this board strictly does policy, so first of all is there a policy that addresses this?  That, that we can fall back on?  (Multiple voices) Is there a policy that addresses this?  And if not we need to make a policy for these kind of situations so that everybody is treated fairly and it’s always the same and we don’t have to go through this.  So, we set policy, we don’t have one, let’s have one, and get it over with, but the problem is gonna come down to as we’ve read on Lew’s blog, he signaled his intentions about this, it’s outside place of use, and he’s going to have a problem with it.  Even if there was a meter there.

VP Kinsella: OK, are you done?

Director Skoien:  Just a little bit more back ground, this cost for your information Lew was them boring the highway,

Mrs. Poe:  That’s right

Director Skoien:  they had to bore the highway the deal was, you get water, she gets water you split the cost of tunneling the highway and I don’t know who did that, but anyway, in an old board packet there was a bill that showed the exact cost and how much was going to be Morasci or Martin or whatever her name was

Director Richardson:  Around $7,000, wasn’t it?

Director Skoien:  So, and that was going to be split, I don’t know if it was down the middle or not but I know there were some more costs

Mrs. Poe:  It was 13 almost 14 thousand

Director Skoien:   She was gonna help pay, she was going to help pay for it

Mrs. Poe:  Oh yeah

Director Skoien:  And she never paid, but the way it sits now I think it’s just an operation issue, I mean the line is there, it’s been paid for (Mrs. Poe talking in background) whether or not at the time or not that’s how you settle it, it sounds like you got a little bit of help to collect your money by the district saying no one will get water until you got your money, I don’t know how that came about, but you know, I don’t, that’s between, well that’s what you said right?  That they told you

Mrs. Poe:  (inaudible) meeting right after she made that statement to me, we lived in Lancaster at the time, we made a special trip up, went to a board meeting here, and we were told because she had not paid the water company for her half

Director Skoien:  right

Mrs. Poe:  we agreed with a letter stating, in fact they volunteered the letter, because we said, we knew eventually we were going to be retiring up here

Director Skoien:  Right, right

Mrs. Poe:  and we did not want to have a bad name with the water company the minute we stepped foot on our property, so they, we agreed to pay the water company her half

Director Skoien:  right

Mrs. Poe:  which we didn’t have to

Director Skoien:  No I understand, I know you got ripped off that way

Mrs. Poe:  And in return they gave us a letter stating then to protect us, that

Director Skoien:  that it would be collected eventually if someone wanted water

Mrs. Poe:  that there would be water given to that property after that, our situation was taken care of

Director Skoien:  OK, so now that’s a private matter between you two?

Mrs. Poe:  Exactly

Director Skoien:  OK

Director Ross:  and this is 1980 something

Director Skoien:  Yeah, so that’s why I think it’s just operations, whatever your normal policy is, the man’s had the service line, doesn’t matter this man or whatever, the property has had the service line put in by this company

Mrs. Poe:  Yes

Director Skoien:  this district, and it was paid for

IGM Tynan:  Being outside place of use that why (multiple voices)

Director Skoien:  and now, and now he wants the meter, I don’t

IGM Tynan:  Being outside place of use that’s why I brought it to the board

Director Skoien:  Right, right so I think it’s more of an operations deal and I don’t see a problem with it really, but

Director Ross:  Well the question

Director Skoien:  Naw, the one question I have is where are the avail, why, I don’t know if there’s any records of even availability being paid by the other owner, but

(Multiple voices)

VP Kinsella:  have to research that, but ah, Dan?

IGM Tynan:  I was just going to say another question would be the well, we’re actually getting that tested. Start testing that tomorrow with Elizabeth Binkley, ahm, that’s outside place of use, we’ve got to also make sure that well has the capacity for the outside places of use that we’re doing to keep the contract with MID.

VP Kinsella:  Emery you had a question?

Director Ross:  (Inaudible) I mean, we need to have a policy about connecting (multiple voices)

VP Kinsella:  That’s not the issue now (multiple voices)

Director Ross: Wait a minute, wait a minute let me finish, we need a policy because that’s what this is about, is him being outside place of use and we’ve got Jesse Figuroa who wants to hook up, the district has to say either we hook up people or we don’t, based on something this is what he’s asking for, a decision.

IGM Tynan:  Yeah it’s actually the well

Director Ross:  Raymond (multiple voices)

VP Kinsella:  I would like to get counsel’s opinion because if I remember correctly you said no connections outside place of use, MID place of use.

Ray Carlson:  You’re not supposed to have, well if you have any connections outside the place of use you have to be able to supply them with water other than Lake McCLure and that means the Ranchito well.  And so, the problem comes if you keep expanding these places that are outside the MID Place of Use will some point come in time, or maybe that point has already come in time, when the Ranchito well cannot supply those, that, that, that’s where you run the problem of running afoul of your, of your contract with MID, and then the other thing you have is, you have a situation where ah you have some parcels that are actually outside the district boundaries.  The District boundaries and the Merced Irrigation District place of use are not one of the same, they vary at different points.  So now we’re talking about the service outside district boundary and there’s a section in the law that governs LAFCO that says you can do that but before you do that you have to have an agreement that is approved by LAFCO to allow that to happen, so those are two different things, you’ve got potential service outside the district boundaries and service outside the MID Place of Use.  Now you’ve got some places that are outside the district boundaries that have been served with water since this water company began as Sierra Highlands back in the 60’s – 70’s and those would be grandfathered in because that section about LAFCO I’m talking about is something that was passed in relatively recent years.  But if you, you know, if you want to do it now, currently, everything has, all these factors have to be factored in and adhered to.

VP Kinsella:  Thank you,

Director Ross: (inaudible) say something

VP Kinsella:  (inaudible)  Mark

Director Skoien:  Well, I think this shou, is the ultimate grandfathered in, the work, the water was promised by the CSD in whatever year, the work was done and paid for, the man bought a piece of property thinking on the basis of getting water the line is there, there’s no reason for him to think OK I won’t be able to get water, and its, its paid for from way back, and if anything should be considered grandfathered in I think this situation is one.  I’d say, go put a meter, I mean that’s my opinion.

VP Kinsella: Lew?

Director Richardson:  Ahum, I’d like a little leeway here.  I don’t think there’s any way we can consider your situation without revisiting the Poe issue and what was discussed in that. 

MRs. Poe:  What’s the Poe issue?

Director Richardson:  Ahh, the Poe issue regarding the removal of the two meters from your property.

Mrs. Poe:  OK good I’m glad you brought that up

Director Richardson:  Yeah, because we need to clear some things up because there seems to be different, now let’s see here I’ve got a couple of tags in here somewhere,

Public:  Are you talking about MID or District?

Director Richardson:  I’m talking about the MID contract with license 11395 which provides us water and uhm  (cross talk by Mrs. Poe)

Public:  But are they outside place of use are they in the district outside place of use are they MID or

Director Richardson:  They are outside MID Place of Use, for you folks that can see, I don’t know how many of you can see this, this blue line represents the MID Contract 11395.  We can use water legally inside this area, that’s where it was meant for and for the golf course, that’s what the contract specifically says.  Now what has happened through the decades as people have added on they violated the contract with MID which exposes them to some pretty severe fines, I’ve heard $25,000 a day, that’s why they snapped us in 1992 and said no Lake McClure water will go to these outside place of use properties.  That’s why the Ranchito well was drilled to offset these 36 we have now, which include of all things, a fire station, an elementary school, a goat ranch, and a cattle ranch, none of the things envisioned in the water license of domestic use.  OK, these are the properties we’re talking about right here.  As you can see they’re outside the water license, now to get a better view of what’s going on, you can look at this one (turns page on display board) here’s our license, it goes on up, this is all in the license down here is within the license.  So we start off with, I made these cute little colored cards here, these are all outside MID POU.  Now, Mr. Ross, Mr. Skoien and to a lesser part Vicki Keefe indicated there were three meters on the Poe property.

Director Ross:   Correct

Director Richardson:  And Mrs. Poe wanted to remove two of them

Director Ross:  Correct

Director Richardson:  is what we were told

Director Ross:  Correct

Director Richardson:  we were also told that it was meant to subdivide that 41 acre parcel, for her two sons who were going to build homes.  Is that correct?

Mrs. Poe:  You finish. (laughter)

Director Richardson:  Well, you could answer them one by one, OK, but that’s what this board was told, that there was going to be a subdivision for those.  Now during that time, January 18th former president Wes Barton directly asked Emery Ross if the situation involving Morasci had anything to do with the issue of the Poe meters.  Ross said it had absolutely nothing to do with Morasci.

Director Ross:  That’s absolutely correct. 

Director Richardson:  OK

Director Ross:  It has nothing to do with  (Director Skoien interrupts)

Director Skoien:  other than the fact that she owed her money (multiple voices, cross talk)

Director Richardson:  other than she owed her money

Director Ross:  Her removal had nothing to do with Morasci (multiple voices)

Director Richardson:  OK, and this is where you come in, because this is evidently the same property

Mrs. Poe:  No it’s not

(multiple voices)

Director Richardson:  OK, you’re down on this one now.  Now this is the line, this is the water line that goes under the highway, right?

Mr. Schartz:  Yes sir

Director Richardson:  OK, now, other things that were said, I’ve got a bunch of notes here, ahh, we were told by Mr. Ross

Director Ross:  When I looked at that meter box there was a meter in there somebody took it out.

Director Richardson:  Well, that’s interesting

Director Ross:  Somebody took his meter out, there was a meter when I looked

Director Richardson:  That’s interesting

Director Ross:  Yep, probably you took it out.

Director Richardson: (Laughing) Oh Emery, you are so silly.

Director Ross:  (inaudible)

Director Richardson:  Ah, on January 18th ah, Mr. Ross stated that Mrs. Poe’s property, let’s move these here, was completely surrounded by BLM land.  As you can see, there’s BLM land to the north, BLM land to the East, it is not here where the highway is, or to the south, so that first statement was absolutely incorrect.

Director Ross:  I don’t think I said that

Director Richardson:  Well I’ve got the transcript of the tape

Director Skoien:  Well what’s it got to do with Poe’s meter (multiple voices)

VP Kinsella:  Let, let him finish

Director Ross:  What’s it got to do with this (inaudible)

Director Richardson:  Later on Mr. Ross stated next to Poe is Martin.

Director Ross:  Yes it is, yes it is Martin

Mrs. Poe:  Yes

Director Richardson:  But we found out later, four months later, after a request for information, that Martin and Morasci are the same people

Unknown:  No they aren’t

Director Ross:  Yeah they are

Director Richardson:  in that same meeting

Director Ross:  Yeah they are the same

Director Richardson: Ok, let’s see here, you said they purchased the meters only for this property which I have a hard time with since the two meters were registered with Pattison and Terry which are properties down below Poe.

Mrs. Poe:  No they’re not

Director Ross:  They’re not

Director Richardson:  Well they are in the paperwork in the office, those meters are registered to those properties

Mrs. Poe:  That’s true, they’re registered to my property

Director Richardson:  No

Mrs. Poe:  Yes

Director Richardson:  No, the meters

Mrs. Poe:  Yes, yes, yes

Director Richardson:  Well, then you need to go into the billing

Mrs. Poe:  Can I do my illustration?

Director Richardson:  Hang on a bit (inaudible) give it all to you.  Now ah, let’s see here, surrounded by BLM, now Mark Skoien from his investigation out there said there’s a meter box on the other side of the driveway for another piece of property

Director Skoien:  Right, no meter in it

Director Richardson:  Mr. Ross said that belongs to Martin

Director Ross:  True

Director Richardson: and we know that Morasci is Martin

Director Ross:  True

Director Richardson: And then later, let’s see here, ah the request for information for Mr. Ross, four months later, because during that meeting you were representing that there were two different people one called Martin here, and one named Morasci whose property was west of Poes.

Director Ross:  I’ve known her for longer than I’ve known you and she’s always had those two names

Director Richardson:  You said that, but still it does not change the fact

Director Ross:  I may have misspoken

Director Richardson:  Well you’ve misspoken a number of times

Director Ross:  I may have and so have you

Director Richardson:  No I haven’t  (Multiple voices, cross talk, laughter from audience)

Director Richardson:  Now, you say that Morasci’s property is west of Poe’s is that true?

Director Skoien:  West

Director Ross:  What was the question?

Director Richardson:  You stated at the January 18th and later in the May 3rd email that you sent to directors and not to the billing office, that Donna Morasci’s property is west of the Poe property

Director Ross:  I believe that direction is west, yes (background talk) maybe it’s south, maybe

Director Richardson:  This is north

Dierctor Ross:  Yeah

Director Richardson:  This is west (multiple voices) this is south

Director Ross:  OK, it’s south of the

Director Richardson:  OK, so that was wrong as well

Director Ross:  Which direction does HWY 132 run?

Director Skoien:  If you go by the

Director Richardson: It’s west

Director Skoien:  the highway running  (multiple voices)

Director Richardson:  Here’s the north symbol, east is over here, west is over here, so, your statements about the names, the property, and its location were all erroneous.  OK, what else have we got here, you know, there’s an awlful lot to this but the big thing is

Director Ross:  Question is does this man get water

Director Richardson:  Beg your pardon?

Director Ross:  IS he going to get water?  That’s what he’s asking.

Director Richardson:  First we need to figure why this was misrepresented to the board on January 18th

Director Skoien:  Because of a compass heading?

Director Richardson:  No it’s not just a compass heading, it’s making one person two people, someone that he says he’s known all his life and he couldn’t remember her name, and this may not even be the venue for this, to be quite frank, it may not be,  maybe for another agency to look at

(Multiple voices)

Director Skoien:  Here we go to the Grand Jury again

Director Richardson:  And you state, you state, that those two meters removed from Poe had nothing to do with Morasci because she has her own meter.

Director Skoien:  Has her own box with a line,

Director Richardson:  You both said she had a meter (Multiple voices, cross talk)

Director Skoien:  I don’t know if I said meter, (inaudible-multiple voices)

Director Richardson:  That’s all I’m going to say, I’ve got the evidence

VP Kinsella:  Let’s not argue here, if you want to make a point that’s fine, but don’t speak over anybody else…

Director Richardson:  Ladies and Gentlemen this is exactly why verbatim transcripts are necessary when people purport the truth and it is not the truth

Director Skoien: (interrupting) you can always go get a rebat, verbatim transcript, if I said meter

Director Richardson:  First you said box, then you said meter

Director Skoien:  OK, and I also stated that when I opened that box

VP Kinsella:  Welcome to the funny farm

Director Skoien:  Wait a minute let me finish, that I opened the box there was no meter in it

Director Richardson:  You did not say that Mark

Director Skoien:  Yeah, I did (background talking, multiple voices)

Director Richardson:  You better watch what you say when you’re interviewed

Director Skoien:  OK, I, I said that there was a line there and there was a meter box it had no meter in it when I looked in it, there was three meters going up the Poe’s house, OK? 

VP Kinsella:  I’d like to move back to Mr. Schartz

Director Skoien:  Ok, could I finish my point here, point of order here please, I would suggest if you’re going to do all this little investigation with all these little colored cards, you might have included why there were years of no availability paid to this office and why this office allowed that?  That’s all I got to say.

VP Kinsella:  Mr. Schartz

Mr. Schartz:  Was Donna originally allowed a meter to be put on her property?  I’m assuming yes because the pipe was put in correct?

Director Skoien:  I have no idea if she ever got a meter

Director Richardson:  Ah, that was something that I think Mr. Ross would be more familiar with because he was the one that made the motion about enforce, having CSD enforce your contract, and I think that was in 199 –

Director Ross:  Check with Wes Snyder

Director Richardson: 90-something, it was your motion, you’ve spearheaded this thing since the beginning.

Director Ross:  And Syndie kept mixing stuff up saying it was surrounded by BLM and you included that to me, she, you look at the staff report Syndie

Director Richardson:  NO, no, no there you go again Emery, no, no, that is not correct.

Unknown:  No, no

VP Kinsella:  OK, let’s

Director Richardson:  You don’t know what you’re talking about

VP Kinsella:  OK, let’s ah, Mr. Schartz

Mr. Schartz:  My point is, is if if Donna Martin or Morasci was allowed a meter box to be put in all she had to do was pay the money due and she could have got the meter, correct?  That’s what I’d like to do right now, make it fair and square with her, make it fair and square with you…

Director Richardson:  But we can’t do that now

VP Kinsella:  Raymond, comment?

Ray Carlson:  I think it’s (interrupted by Mrs. Poe)

Mrs. Poe:  So they bored through my driveway for nothing, we bored across that highway for nothing.

Director Richardson:  Well you have water don’t you?

Mrs. Poe:  Yes

Director Richardson:  Well then it wasn’t for nothing

Mrs. Poe:  But it was meant for two properties

Director Richardson:  But we were told by this gentleman and this gentleman that it was for one property

Mrs. Poe:  No, then it was for Martin at the time  we were doing it as a joint adventure only she didn’t pay for the joint adventure

Director Richardson:  Right, right, but we were told all three meters were to serve your property

Mrs. Poe:  Let me (inaudible – cross talk between Poe and Skoien)

Director Skoien:  Yeah, Morasci is the fourth meter Lew

Mrs. Poe: I’d like to illustrate something

Director Skoien:  Lew, Morasci is the fourth meter

Mrs. Poe:  cuz I’m coming in defense of my sons

Director Richardson:  Sure

Mrs. Poe: Alright

Director Skoien:  They were planning on building up there

Mrs. Poe:  And I’m not good at this folks, OK, here’s my property  (drawing on dry erase board), that’s my property, we had dreams like all of you have dreams, our dream was put a house over here on the hill for us, my husband and I; and my youngest son was going to put a home over here as we got older he could help take care of us; and the other boy was going to put a home over here so they could share in that responsibility.  OK, this is Terry, this is Pattison both of which are my sons.  When they wanted to do this and we were told by the water company you better get your meters because they’re going to go up substantially.  We told the boys we can’t be responsible, as the parents we always were, you gotta pay for yours, you gotta pay for yours, and without the water ever being turned on, these boys have paid a water bill for years.  These are my boys.  OK.  My sons.  Well the dream has gone to hell.  My husband has Alzheimer’s.  Right now we are paying six and seven hundred dollars for his medication because we’re in the famous doughnut hole.  OK?  With him being in that condition they’re not ready to retire yet, they still got kids in school and college, what am I gonna do?  Make my sons give up their life for us?  SO, we’re paying on three water meters, all the hell I wanted was, come take two of them out, we can’t afford them anymore.  I can barely afford this one.  I don’t even get two thousand a month do the math, you think I’m not going to get those pills for that man that worked all his life for me and four boys, he’s almost 85 years old, well you betcha I’ll keep getting those pills no matter how, what I have to go without.  That is the whole issue on those.  In the rumors I’ve heard, Hank was married to Martin or Morasci or whatever you want to call her, really?

Director Skoien:  That’s what you stated that Lew

Mrs. Poe:  My son had nothing to do with her.  Terry, that’s John, which right now that son, that beloved son of mine is critically ill needing a liver, not because he drank hisself to death, because of a damned gene his father had, it’s called the alpha one look it up on your computers, Alpha one under the ZZ.   He’s got cirrhosis right now he just turned 50.  I’m going through hell right now with all this and they have her with Shaw.  I don’t know who Ramona Shaw is, she has showed up on our papers for years.  The woman’s got to be old as dirt if she’s even still alive.  So this is bogus.  This is bogus.  My son Hank is married and has two sons, Martin she wouldn’t like him anyways.  (Laughter)  I’m being honest, OK.  Now I’m sick of my sons being drug through the mud and then we were told when we wanted to get water with Martin, well you gotta bore under that 132 Highway, wasn’t cheap.  We were told by the water company this is what we’ll do, this is what we’ll do, they tore up my driveway to put that stupid box over here for her, which she never paid me for, my driveway is the one that’s got the patch in it, and now you’re gonna tell me that box can’t be filled?  I mean, give him one of my meters you took out.  I didn’t care about that, I didn’t care about, this was the dream has gone.  Our dream of what we wanted for us and our kids, it’s gone.  You know, and to refuse him with a line that we –  is already been there it’s in place, I don’t understand

Director Richardson:  Mrs. Poe?

Mrs. Poe:  When did it come, when does it come we can’t call up and ask the water company for water?

Director Richardson:  Mrs. Poe?

Mrs. Poe:  I mean,

Director Richardson:  I have a question for you.  Those two meters for your sons why are they registered to two separate APNs under their names.

Mrs. Poe:  They’re not

Director Richardson:  I think you need to check the records in the office

Mrs. Poe:  Well they shouldn’t be,

Director Richardson:  because these two sons

Mrs. Poe:  they paid those water bills

Director Skoien:  What does it matter Lew?

Public:  Does it matter?  Does it really matter, I mean what is all this about ….

Director Richardson:  Of course it does (multiple voices-cross talk)

Director Skoien:  No it doesn’t (multiple voices-cross talk)

Public:  (inaudible) water, here’s (Richardson-Skoien continuing) a man that has bought a piece of property

(Multiple voices, cross talk)

Director Skoien:  Exactly

Public: that a board from a long time ago who knows when

Director Richardson: No not that long ago

Public:  Approved to have this line come in

Mrs Poe:  I don’t understand, Honest to God I don’t understandhow you can sleep at night. 

Director Richardson:  No I, I can understand it, I don’t much either

Public: The request wasn’t from Poe the request was from Mr. Schartz about a line that was already there, that’s already been paid for, that like you said should have been ultimately grandfathered in for your

Mrs. Poe:  Exactly

Public:  a (inaudible) a long time ago.  (background voices)  Ah Lew have you looked back to see what the board transcripts were back then?

Director Richardson:  We’re trying to get that information, what we have, what we have got though, is that those meters were registered to two other properties.

Public: OK, it doesn’t, but  

Director Richardson:  And it was misrepresented to the board and to the public by you, Vicki Keefe, and Mr. Ross.

Director Skoien:  No it wasn’t wait a minute

(Multiple voices)

VP Kinsella:  OK

Director Ross:  Mrs. Poe, Mrs. Poe did you ever split your property?

VP Kinsella:  Hey, hey

Mrs. Poe:  No

VP Kinsella:  Let’s keep it down, let’s

Director Ross:  She never split her property

VP Kinsella:  Hang on a second

Mrs. Poe:  It’s never been split

VP Kinsella:  Let’s not

Director Richardson:  I understand that

VP Kinsella:  Everybody will have their chance to state and say what they want to (background talking) so just one at a time please.  (Public talking in background)  OK, now Mark

Public: So no investigation was done to (inaudible) I’m sorry I didn’t ask (inaudible) was,…

VP Kinsella:  (Laughing) I’m going to turn you in

Sheri: (Laughing) Turn me in

(Background talking)

Director Skoien:  First of all, if you say I misrepresented it, that’s your opinion, I represented this exact story that you just heard, isn’t that true when I told you about the family plan gone wrong, and second of all, I never represented anything that had to do with that meter on the other side of the driveway, I just wanted to get Mrs. Poe’s two meters gone, cuz she explained the story to me.  I did look in the meter box and tell you that there was not a meter in there.

Director Richardson:  That is not what you said.

Director Skoien:  Yes it is what I said.

Director Richardson:  OK, I’ve got the tape

Director Skoien:  OK, get the tape

VP Kinsella:  OK

Director Skoien:  I may have said meter instead of box but

Director Richardson: No, first you said box, and then when the question was getting closer and closer to what meters they were, you threw in and there’s a meter in it and (multiple voices-cross talk) and then Emery Ross did the same.
Director Ross:  (inaudible)

Director Skoien: Wait let me finish

Director Richardson:  Those are your own words

Director Skoien:  No, no

Director Richardson:  they are not my words

(Audience background talking)

Director Skoien:  Point of order I’m talking, I never said there was a meter in Morasci’s box, you might have said, you might have got confused cuz there were three up on the hill, and you can check the tape, but

Director Richardson:  I tell you what folks I’ll bring it here next meeting


Director Skoien:  OK you bring it next meeting

Director Richardson:  and you can hear your own words

Director Skoien:  but you also ought to count, be accountable for yourself, because you in the past have said that Morasci was married to one of her sons.

Director Richardson:  I never said such a thing.  I don’t know who any of these, I met you one time

Director Skoien:  that doesn’t matter

Director Richardson: (To Poe)  I met you once

Director Skoien:  Lew –

Director Richardson:   it does matter you just accused me of something that is absolutely incorrect

VP Kinsella:  Alright, alright,

(Background talking)

Director Skoien:  Now, ok you bring the tape


VP Kinsella:  We’re getting off the subject

Director Skoien:  if you bring the tape Lew I may have said meter instead of box but I always said there was never a meter, because I went there to look and get a number off it, and there was no meter in that box, ever when I opened it.

Director Richardson:  Both of you did.

Director Ross:  No, I looked (inaudible)

VP Kinsella:  Now listen, listen, I don’t care what

Director Richardson:  In fact Emery

Director Skoien:  I don’t know when he looked

Director Ross:  I looked (Inaudible)

VP Kinsella:  Mr. Schartz is waiting for a decision

Director Richardson:  That’s the problem all this has to do with that property

Director Ross:  No it doesn’t

Director Richardson:  And Mr. Ross not only said it, but put it in writing

(Multiple voices)

Director Ross:  (inaudible)  I saw a meter in there  (inaudible)

VP Kinsella:  OK, hang on a second

Director Richardson:  So you saw a meter and you didn’t?

Director Skoien:  I never saw a meter

Director Ross:  He looked at it after I did.  When I looked at it, a week or two later he looked at it.

Director Richardson:  Well then we’re dealing with a crime now aren’t we?

Director Ross:  I guess you are (Inaudible)

(Audience talking in background)

Director Skoien:  I think we’re making it more complicated than it is

VP Kinsella:  Hang on a second

Director Skoien:  You know, I

Director Richardson:  I’m sorry

Director Skoien:  that’s just my opinion

VP Kinsella:  Hang on, Victor?

Victor:  I have a question, what would happen if the district puts a water meter on his property?

VP Kinsella:  We could be in violation of the MID contract

Victor:  Who is going to sue you guys?

VP Kinsella:  Huh?

Victor:  MID is in deep trouble right now, they’re going to ignore it

Director Skoien:  There’s no violation

Victor:  Even if there is they’re going to ignore it

VP Kinsella:  Is counsel, hang on a second, as counsel said you’ve got three different ways to go on this thing, you have to get permission from all three, am I correct?

Ray Carlson:  Well I think if you could, if you could, if you could if you know you can supply your outside place of use, ah water uses with your non lake McClure water, right now your only source of non Lake McClure water is that well and as I understand, you’re in the process of very shortly doing a test on that well to make sure we know, you know, how viable it is, and based on its history it looks like its probably a pretty reliable well and the water level is pretty high here, etc., and so forth, so if all of that ah turns out the way we think it is now, then presumably that well will have an ab, be able to be run enough to supply all your outside place of use places ah, or maybe you’ll only be able to some of them, we don’t know yet.  So that’s one thing, the other thing is whether it is the business of outside the district itself and that as I said requires ah approval from LAFCO.

VP Kinsella:  OK,

Ray Carlson:  SO those are the two things that as far as the boundary line issues are concerned.

VP Kinsella:  And then we also have the MID contract

Ray Carlson:  No that’s what I was just talking about

VP Kinsella:  Oh, OK

Ray Carlson:  In other words the MID contract recognizes that you can serve outside as long as you’ve got the water to serve outside.

VP Kinsella:  OK

Director Skoien:  So if the well is sufficient then, do you have a problem with it?

VP Kinsella: WE

Director Skoien:  With him getting a meter Lew?

Director Richardson:  I have a problem being told the truth in a meeting.

(Audience groaning)

Mrs. Poe:  Forget all that

Director Richardson:  Oh just forget it?  We just lost a director because of that.

Director Skoien:  I told the truth Lew

(Audience grumbling)

Director Skoien:  I may have said meter instead of box,  but I know I never

Director Richardson:  And I know what you support (responding to audience member)

VP Kinsella:  Sheri wants, Sheri wants the floor

Victor:  You mean the deck?

Sheri:  Uhm I think probably what the board needs to do, I mean Lew if you did so much research, I’m surprised that you wouldn’t have researched what the board decided when this all originally happened because I think that’s where its going to come back to because Mrs. Poe had already paid to have all that work done so what would be the repercussions, if water isn’t provided to them after all that service was done and it was agreed upon way back then.

VP Kinsella:  OK

Secretary Reeves:  Where this stood as far as motions and stuff that the board had done, in January the Board had unanimously agreed to remove the two meters.  In May the board went into closed session on four different issues and came out, reported out, that Poe’s was to be relooked at because there were some issues and it was never brought back.  Now I don’t know whether there was a huge packet of information provided at that time, uhm, I don’t whether this has brought Raymond

Director Skoien:  (Interrupting and talking over Secretary)  Yeah I think there’s issues with the APNs asn’t there Lew? 

Secretary Reeves:  yeah, had to do with APNs, if this is brought back Raymond, because the board talked to you for counsel regarding that one, can any of that information be brought back in open session?

Ray Carlson:  You can talk about it in open session if you want, I mean it’s ah

Secretary Reeves:  The question being the APNs, it’s because, I, just kind of hearing, the APN was originally specified to his property it makes it really simple.  If he had had a meter already and it was incorrectly removed, then he already had the meter, and shouldn’t have been taken out as being part of Poe.  Now I’m not, I’m just saying I remember something being said about APNs because if I’m thinking right there’s something in the records that showed those as being part of Martin Pattison APN and the Terry Shaw APN,

Director Skoien: Yeah

Secretary Reeves:  I’m just, I’m just saying

Mrs. Poe:  Yeah, I know

Secretary Reeves:  what I remember seeing

Mrs. Poe: It was just funny when I heard that

Director Skoien:  No I remember the list of the APNs and I don’t know how they

Secretary Reeves:  and that’s why, wait, and that’s why the board was supposed to come back to that issue because if they were truly listed as being on the other properties this is kind of a non-issue because of the fact that he would already have a meter that was just pulled and could be put back in –

Director Skoien:  All I know is when  

Secretary Reeves:  It was incorrectly pulled

Director Skoien: there was still three meters in place at Poe’s, only one of them being used obviously the one that went to her house, there was no meter in the meter box on the other side of the driveway cuz I

Secretary Reeves:  I’m just letting you guys know where you as a board stood on this matter.

VP Kinsella:  OK,

Director Skoien:  Now when, or if, or how long before it got removed no way for me to know

Director Ross:  I would, I saw it, you know I had a question for Charise

VP Kinsella:  Sure

Director Ross:   this property whatever you want to call it, was it, was it paying $47 then?

Secretary Reeves:  I don’t know that’s not a question for me

Director Ross:  OK, cuz that’s really the key, were they paying 47 or were they paying availability?  That’s been asked many times even back then, and it’s never been answered

Secretary Reeves:  Well then it needs to maybe come back next month, with some additional research done on who was paying what specifically and get the APN numbers, you know, the research into that to get it resolved once and for all as to what APN those properties were tied to, or those meters have been tied to.

Director Ross:  And it’s still outside place of use.

Secretary Reeves:  Yeah but if the meters were there, then that’s a different issue

VP Kinsella:  Go ahead

Director Richardson:  Mr. Schartz, were you advised of this before you purchased the property?

Mr. Schartz:  I bought the property under the impression that Donna was approved for water, she just never paid her half of the fees, to get the water pipeline under the road so all I had to do was pay that back fee and I could get a meter no problem.

Director Richardson:  OK, so you actually bought the property from Morasci?

Mr. Schartz:  Correct, with the impression..

Director Richardson:  And she did explain to you

Mr. Schartz:  yes

Director Richardson:  that you would have to pay somewhere around $7,000 to get water?

Mr. Schartz:  Yes

VP Kinsella:  Ruth, hold on for a second? Victor you had a question?

Victor:  Yes I had a question, do I understand the district has a contract with MID for 5,000 acre feet of water?

Director Ross:  Correct

VP Kinsella: ahead

Director Richardson:  5,160

VP Kinsella:  He can answer that

Victor:  I don’t think any problem with that lady going to have any problem dealing with such a minute thing, they going to have major problems right now they need all the help in the world with their proposal to build the dam, I think they likely might ignore the whole darn thing.  Why don’t you guys give him the water for Pete’s sake?

Mrs. Poe:  It’s more money every month. Give the guy water

Director Richardson:  Well,

Mrs. Poe:  Revenue

Director Richardson:  again, as, as we’ve already discussed we have to see what the sustainable capacity of the Ranchito well is hopefully it going to be very good because,

Victor:  (inaudible)  I’m sorry

Director Richardson:  Victor please, hopefully it will be good because we’ve been artificially recharging with discharge water millions of gallons for decades that goes out there to Kassabaum flats, but the fact of the matter is, the water license was meant for the subdivision and the golf course.  Now, the more we increase that Ranchito well if it ever goes dry we are now in the ground well business.  And I don’t know how the majority of all our customers, even the absentees that pay their fair, they pay their fair share, well actually they don’t , ahum, but they do pay (laughing) they can’t even vote they have no say in anything, it seems to me if this surface water treatment plant is going to venture off into what MID and the State Water Board considers ground water substitution for surface water transfer you’re talking a lot of money.  And you think you’re rates are bad now, get into ground water substitution.

VP Kinsella:  Ruth?

Ruth:  Yes, if, if this lady paid for the work to be done, digging across the highway and across her driveway to you, I’m saying CSD not personally to you,

VP Kinsella:  I wasn’t in town

Ruth:  Pardon me?  And if he can’t get water don’t you owe her a lot of money plus interest? 

Director Richardson:  That’s a private contractual agreement.  CSD shouldn’t be involved in that what-so-ever.

Mrs. Poe:  They charged me, they’re the ones that told me exactly what I had to do.

Director Richardson:  But you asked them to do it did you not?

Director Skoien:  he means the agreement you had with the neighbor across from you

Mrs. Poe:  We went to the water company because we were contemplating a well.

Director Richardson:  Right, but your agreement was with Mrs. Morasci right?

Public:  But who did she pay the money too?

VP Kinsella:  She paid the money to us, then you went after Morasci

Public:  Right

Director Richardson:  So you have a law suit against Morasci?

Public:  No against the water board

Public:  Against this water board she has

Director Richardson:  Why?

Public:  Because they took her money

Public:  Right

Director Richardson:  We took money to put in a line

Public:  Right

Director Richardson:  To serve her home

Public:  Right

Public: Right

Director Richardson:  OK, end of story. 

Public: and a (inaudible)

Director Richardson:  The rest of that is a matter between you and Morasci

VP Kinsella:  OK

Mr. Schartz: You took that money also to fulfill the Morasci property

Director Richardson:  Morasci wasn’t receiving water.

Mrs. Poe:  Only because she didn’t have a meter it was for her also

Director Richardson:  Sounds like you didn’t have,

Mrs. Poe:  supposed to be

Director Richardson:  sounds like you didn’t have a very good friend.

Mrs. Poe:  You know what, you know what, our, my husband and my problem?  WE think everybody is as honest as we are, and it’s taken us all these years to figure out they’re not.

Director Richardson:  Believe me, I’m figuring it out every single day

Mrs. Poe:  No I don’t think you are.

Director Richardson:  Oh I am, when you can read it in black and white what someone says then a month later they contradict what they said

(Multiple voices)

VP Kinsella:  Let’s ahh, let’s go back to the board, I’m going to end the discussion, we’ve beat this thing to death.  Ah, back to the board, what’s the pleasure of the board?

Director Skoien:  Well maybe, I, I,

VP Kinsella:  I think we need more research on

Director Skoien:  I would put a, I would put a meter, but ah, real quickly, if Lew’s research, I think it was before, I agreed it’s a personal you know, you got charged so much, they made a personal deal that the neighbor should pay, that’s a private deal

Mrs. Poe:  That’s  between (inaudible)

Director Skoien:  But I think there was an old receipt in a board packet where it was split now I don’t know if it said Morasci, there was in that old board packet maybe when we were in the closed session

Secretary Reeves:  closed session

Director Skoien:  there was, wasn’t there a receipt that I think Wes Snyder signed it, that had broke it down separated it, do you remember that?

Director Richardson:  And it said they had to annex in before anything could happen, but that annexation never took place

Director Skoien:  well that’s a different issue, I agree, but isn’t that, wasn’t that breakdown for one property owes that much and Mrs. Poe owed the other, wasn’t that what that receipt was?  Do you remember?  It was in, it was in the pac, it was in the paperwork.

Director Richardson:  Well if it is really shouldn’t be discussing it from a closed session

VP Kinsella:  I don’t think, I don’t think we could make a real decision because there’s so many questions here.

Director Skoien:  Well I personally think you make it more complicated than it should be but

VP Kinsella:  Well, I’d like

Director Skoien:  whatever the board

VP Kinsella:  I’d like to get it resolved

Director Richardson:  Well I think we should if nothing else, wait to see what, how the Ranchito well tests out, maybe it will come out with such

Director Skoien:  Well that

Director Richardson:  flying colors another connection wouldn’t really make any difference

Director Skoien:  Yeah, that’s not a bad idea

Public:  when is that going to take place?

Director Richardson:  That’s starting tomorrow

Director Skoien:  Three what?

VP Kinsella:  Ten days isn’t it?

Director Skoien:  Three tests?

Director Ross: Thirty days isn’t it

IGM Tynan:  No, no, it’s a ten day test and next month we’ll have Mr. Figueroa and some other gentlemen (inaudible)

Director Skoien:  And we’ll have that information by then?

IGM Tynan:  Yeah, so we can also put

Director Skoien:  that might be a good idea too

VP Kinsella:  So would you, give me a recommendation, what do you guys want to do? 

Director Skoien:  Let’s ah put it off till the well results are in?

Director Ross: Raymond says you can’t hook up

Director Richardson:  And, and further research on the Poe matter

VP Kinsella:  How does that sound to you?

Director Ross:  What did you say (inaudible)

Unknown:  We’ll try and find those receipts

VP Kinsella:  (Laughing) it’s a mess

Director Skoien:  they were separated

Public:  That’s sad, that’s sad Michael

Director Skoien:  And I think Wes Snyder signed it

Public:  So sad

Director Richardson:  Well it’s sad that you’re caught up in something that started a long, long, long time ago.

Mrs. Poe:  It’s a shame the, the water company should have just told my husband and I from the get-go, no we’re not going to service you, dig a well.

Director Richardson:  Right, well (multiple voices)

Mrs. Poe: That was our big mistake (multiple voices)

Director Richardson:  That’s right

Director Skoien:  they needed customers back then

Director Richardson: Mrs. Poe you are absolutely correct, (Poe taking in background) if previous boards had abided by the license contract

Mrs. Poe:  We were hoodwinked

Director Richardson:  Yeah, yeah I think you were (multiple voices)

Director Skoien:  they were just trying to sign up customers

(Multiple voices)

Director Richardson:  I think you were, a lot of people were.  You know, we had customers in here who told us they felt like they were forced into the district.  (multiple voices-cross talk)

Mrs. Poe:  (inaudible) that’s like how we were forced into three meters

VP Kinsella:  (inaudible) it be a better

Secretary Reeves:  Bill is it consensus of the board then to put this off until the Ranchito well results are in

Director Skoien:  I think so

VP Kinsella:  Emery?

Director Ross:  I’m not saying anything because he said he’s going to the Grand Jury

Director Richardson:  I never said such (multiple voices-cross talk)

Director Ross:  Yes you did

Director Richardson:  there we go again, there we go

Director Ross:  I’m not saying anything

Director Richardson:  There we go

Director Ross:  I will not say (inaudible, multiple voices)

Director Skoien:  I would agree to wait

VP Kinsella:  OK, Lew would you agree to wait?

Director Richardson:  I, I would agree to wait ah for the Ranchito well testing out but I think we also need further research in our billing office to find out exactly what happened with these properties.

Secretary Reeves:  OK

VP Kinsella:  It’ll be three, three

Director Ross:  What?

(multiple voices continue from audience)

Secretary Reeves:  Consensus reached to wait, put this on next month’s agenda after the well results,

VP Kinsella:  Right

Director Skoien:   the well tests

VP Kinsella:  And ah, director Ross, ah you want to abstain?

Director Ross:  Yeah

Secretary Reeves:  OK, and then as far as ah, as far as, ah the other issues, is there any direction the board was supposed to resolve this with Poe and he, Director Richardson is wanting to have stuff put in is that on this next agenda as well, or is that a done deal? 

Director Skoien:  There’s nothing to resolve with Poe is there?

Director Richardson:  Oh yeah there is.

Director Skoien:  Why?

Secretary Reeves:  To determine

Director Richardson:  We’ve got contradictory statements here

Public:  (inaudible)

VP Kinsella:  OK, let’s let’s ah put it back on the

Secretary Reeves:  OK, so that some of that, that’s information that was in closed session regarding APN numbers and stuff like that brought to open session?

VP Kinsella:  Yeah, questions on that too

Director Ross:  I wasn’t at the closed session

Secretary Reeves:  Well then that will give you information as well Emery, so that everybody (multiple voices)

Director Skoien:  different APNs  (Multiple voices, cross talk)

Director Skoien:  would there be some kind of official (inaudible-multiple voices) property subdivided Lew?

VP Kinsella:  Say again?

Director Skoien:  Wouldn’t there be some kind of official (inaudible, cross talk, multiple voices)

Director Richardson:  There are three separate parcels

Director Skoien:  Well I know you’ve got three different APNs  (inaudible, multiple voices) subdivided

Director Richardson:  Three meters were on Poe’s property two of them (multiple voices)

Secretary Reeves:  Hey guys, guys (Whistles) get back to the meeting, Mark are you OK with that being on the agenda as well, consensus

Director Skoien:  I have no problem

Secretary Reeves:  to bring back the information

VP Kinsella:  OK,

Director Skoien:  making it too complicated

(multiple voices)

VP Kinsella:  Hey Sheri, hang on, hang on a bit,

Secretary Reeves:  We’re back to the, so Mr. Schartz, you’re, you will be on next month’s agenda on the 3rd Monday at one o’clock

Mr. Schartz:  OK

Secretary Reeves:  so that we should have the well results back in by that point.

VP Kinsella:  We should have more information for you and do a better investigative action on it

Mr. Schartz:  Should I leave contact information with Syndie?

Secretary Reeves:  Yes please, if you could leave a phone number because I had left you a message, in fact some of the paperwork is in there for you I don’t know if you ever got voicemail

Mr. Schartz:  I did but I didn’t know who it was

Secretary Reeves:  OK, uhm, let me walk outside with you for a second

VP Kinsella:  Ruth I shut it down are you talking about, want to talk about this one again?

Ruth: Well I just wanted to make a comment she, she said that there might have been a meter there and it was pulled in error

VP Kinsella:  That’s why we have to find, that’s what we got to do, we got to get more information on it.

Director Ross:  I saw a meter when I looked at it I was surprised when he said there wasn’t.  (inaudible) Then I went back with him there wasn’t a meter.

VP Kinsella:  OK, let’s get back up here.

Public: (multiple voices)  Bill, Bill,..

VP Kinsella:  I didn’t see you raise your hand earlier.

Categories: Uncategorized.





LAKE Don Pedro Community Services District

9751 Merced Falls Road

Monday, September 19th, 2011 1300hrs

(209) 852-2331


Prepared by Lew Richardson from analog and digital recordings.

My best to you and yours, Lew




Vice President Kinsella:  CONSENT CALENDAR, starting on page 38, Sir?

Director Ross: Vice President, Charise, I’m having trouble ah, my, all my stuff is like blacked out, I don’t know what you’re doing but I wish you wouldn’t do that anymore.  (multiple voices)  I can’t read it

VP Kinsella:  It’s just highlighted

Secretary Reeves:  It’s highlighted and it’s highlighted in grey, yours in in blue, ahm, it had been suggested in one of the ah..

Director Ross:  Why don’t you change the type face?

Secretary Reeves:  things to make it more, stand out more

Director Ross:  change the type (inaudible)

Secretary Reeves:  I was just trying to make it easier  (multiple voices)

Director Ross:  I asked Mark, he said his was blacked out, I thought it was just somebody did it to me, but it’s all of them so… it’s hard to read it

Secretary Reeves:  OK

Director Ross:  It’s probably good (multiple voices)

Secretary Reeves:  In the original, it was pretty easy to look at, but in the copy it’s not quite so easy

VP Kinsella:  Do we have any questions from the board on Consent Calendar?

Director Ross:  Well it’s about minutes right?

VP Kinsella:  Yes, special meeting minutes, regular meeting minutes—special meeting minutes of July 25, special meeting of July 12, and regular board minutes of July 18th

Director Skoien:  You’re taking them separately here right?

VP Kinsella:  Yeah you have to do them all, singularly  (Multiple voices)

Secretary Reeves:  You can do them all together or you can do them separately if you need, whatever

Director Richardson:  Can’t you do them all together unless you pull anything?

Secretary Reeves:  Ah-huh

VP Kinsella:  Do you want to consolidate all three?  OK then I’ll accept a motion for

Director Ross:  No, no, make a comment, making a comment on page 44, back to these ah verbatim transcriptions, ahm, I don’t like it, (laughter)  wish it wouldn’t be there and I would like it not to happen any more, you know, I don’t know why we have to have them.  You said you don’t have time to do policies but you got time to do this, I look back here, Dan said he was going to bring policies to us in, let’s see in August I think and I haven’t seen policies but we have time to verbatim transcriptions that the board isn’t even asking for, as far as I know.  Hasn’t been a board direction.  That’s my comment.  And I won’t approve anything with verbatim transcription, only minutes.

VP Kinsella:  Lew?

Director Richardson:  Well ahh, as far as I know the verbatim transcripts started, ironically almost one year before the February 22nd one, and it was the whole meeting was a transcript requested by president, I believe he was president, Barton at the time because of your threatened law suits and taking information to the FPPC, the district attorney and all that, and there were no big complaints about it at that time.

Director Ross:  Well president Barton,  Mr. Vice President, said we’re going to shorten notes, minutes and we’re not going to do that any more, and I remember he asked for that (laughing) and I, at the time I thought gee that’s not so good but it was OK, it worked out, they were minutes instead of verbatim transcriptions.  I mean they don’t have time to do the one thing that we’re are, are, are, are charged to do which is policies yet we do, you know, who does these verbatim transcriptions?

Secretary Reeves:  It’s me and the only thing that is verbatim is the director’s comments

Director Ross:  I understand that

Secretary Reeves:  and anything for the record

Director Ross:  How long does it take?

Secretary Reeves:  Ah this one took me about, let’s see it was a three and a half hour meeting, on that particular one,

Director Ross:  Just the verbatim

Secretary Reeves:  Just the verbatim portion?  (inaudible) and hour, hour and a half.  I type pretty fast.

Director Skoien:  You do it off a tape right?

Secretary Reeves:  Yes.

Director Skoien:  Well, I got no problem read and file July 12th and July 18th, but I don’t like the verbatim either because its they’re always behind you know, a meeting or so behind, you know, when we see them here, and I can’t remember every word that was said and I don’t like the fact that I’m depending on someone else to print them correctly, not that you’re doing them wrong Charise, it’s just that mistakes happen.  I’d rather have just minutes and it’d save you some time in the office which I’m sure you won’t mind, and I think it would be just more compact.

VP Kinsella:  Lew?

Director Richardson:  Well I.. (multiple voices)

VP Kinsella:  Are you finished?

Director Skoien:  Yeah

VP Kinsella:  OK, Lew

Director Richardson:  I would agree with that except for the fact when ah what things are said in meetings, if they’re not factual I think the individual should be held to their words.

Director Skoien:  Well you always have the tape you can present, if that, if that case comes up

Director Richardson:  What?  Replay the tape for the audience?

Director Skoien:  Well, you could do that or you could, have a

Director Richardson:  A transcript is much more effective to do that because in the next meeting then everybody can read what was said, and if somebody objects to having their words printed where everybody could read them they shouldn’t say them in a public meeting.


Director Skoien:  I think if you had an issue you could, couldn’t you get your tape, state your issue, put it on the agenda, and the other person could do the same, and then you could deal with it.

Director Richardson:  What?  Have tape wars?  (Laughter)

Director Skoien:  No, I mean, get, get the transcript made, if, if you have an issue, if you have an issue

Director Richardson:  But that’s the whole point

Director Skoien:  it don’t have to be issue transcript every time

Director Richardson:  But that’s the whole point, if there’s an issue at the time that’s controversial and two people are speaking their positions you don’t want somebody else to try and paraphrase what their saying,

Director Skoien:  exactly

Director Richardson:  use their own words so there’s no misunderstanding of what they’ve said

Director Skoien:  Exactly, that’s why, if somebody is questioning you, or you’re questioning somebody, you take the tape, you transcribe it, you’re not depending on someone else in the office being paid by the ratepayers to do it for you, you’re doing

Director Richardson:  And I do do that

Director Skoien:  OK, yeah, I’m sure you do, but the thing is, it doesn’t have to be done every meeting

Director Richardson:  Of course not

Director Skoien:  So I, if there’s an issue, then you do it and then bring your issue to the board.

VP Kinsella:  Charise, are you done? 

Director Skoien:  Yeah

Secretary Reeves:  The reason I went to the verbatim on the director comments was because there’s, first off, there is no topic identified in director comments, so it can be about anything and everything, two, we’ve had some very heated, the director comments have taken a route they should not have taken, director comments should be comments stated, no discussion, end of comment, three, with the route that the comments have gone, I did not want to be responsible for trying to interpret what you guys were trying to say.  Because

Director Skoien:  But that’s exactly what you’re doing by putting them in here

Secretary Reeves:  No, I’m, it’s it’s, by putting verbatim it stands on its own, you guys, what each one has said and I really didn’t want to do these this way but because I had done them verbatim up to this point I wasn’t going to change.  We went back to director comments two times in that meeting, and Vic, I, I believe I gave Vicki kind of a, a, a motion or nod or something because at one point she did say remember director comments are comments only.  OK, so I did not want to be accused of skewing anything one way or the other, that’s why you’ve got verbatim.

VP Kinsella:  OK, I think

Director Skoien:  wastes your time

VP Kinsella:  Go ahead Emery

Director Ross:  Well if you go back far enough, I’ve been coming to these meetings since 92, ah, there weren’t director comments.  That’s what we’re doing right now, there doesn’t need to be a jab session at the end where you take jabs at each other.  I think it should be eliminated, it started with the last board, ah, at the very end of their tenure because of the problem we had with the ahh, general manager.  Before that if you go back into antiquity you will not see that, you will not see any director comments, we’re making right here today, we comment all day long, if you’ve got something to say, say it, don’t take little jabs at the end when it’s over.  That’s my opinion.

VP Kinsella:  I think that if you have the verbatim there is no room for anybody to interpret what you’ve said, the reader can form their own opinion.  Mr. Carlson I’m going to put you on the spot.

Raymond Carlson (CSD Attorney):  OK

VP Kinsella:  Just a general comment on it, verbatim transcripts

Ray Carlson:  Ah generally minutes should be of, the purpose of the minutes is to have an act of record of action of the board, motions, resolutions, any decision everything else goes in the realm of discussion, audience discussion, board discussion, etc., etc.  and ah normally in most districts, city counsels, etc., those things are not included in the minutes because the minutes are not a verbatim transcription.  The only time you have a verbatim transcription is if you have some kind of on the record hearing and this district doesn’t have those but an example would be ah, in a county where somebody is trying to get a conditional use permit they’ll have a hearing on conditional use permit, on that permit and they’ll have, a, that may be short it may be long depending on what the project is but they usually have a ah, certified shorthand reporter come in and take the whole thing down in case there’s an issue about what happened.  That doesn’t usually happen here because this district is not a land use, it doesn’t have the authority to grant land use approvals, it has the authority to provide our your water service but not to say you can build this or you can build that, that’s that’s for the county.  So you don’t have by the nature of things this district would not have on the record hearings so, it’s within discretion of the board as to how long or how short they want to have the minutes, I mean they can be, they can be as short as saying, you know, just having each agenda item, you know, discussion, motion, you know, carried, you know, and who voted for what or they can be longer than that up until you know, you can transcribe the whole tape I mean (laughing) so, it’s a matter of decision ah, my view is that the shorter the better because they’re shorter, if anybody wants to go back and listen to the tape I think there was a policy when the prior management was here that the tapes were only kept for 6 months

Secretary Reeves:  There’s no policy on that

Ray Carlson:  OK, so now they’re kept forever?

Secretary Reeves:  I have no idea.  I have not gotten rid of, rid of any, and I know some of the ones regarding going back since I’ve been here (cross talk)

Ray Carlson:  Yeah we don’t want to get rid of any…

Secretary Reeves:  (inaudible) situation, are still here.  I don’t know what happened to them with the prior secretary.

Ray Carlson:  At one point in time there was a 6 months limit on tapes, that basically got ended when there was a change over, ah, and so all the tapes are available for anybody to go back and look at, and even if, even if you or I made a transcription somebody could say well we’re not, you know, qual, we’re not certified transcriptionists so if you really wanted to have a transcript of a particular meeting, to deal with a particular point that had come up, the best way to do it would be to have an outsider, you know it costs money, but you’d have an outside certified ah transcriptionist make the transcription and then that would be the transcription, if, if the board decided they wanted it.

VP Kinsella:  OK

Secretary Reeves:  Quick ques, quick question…

VP Kinsella:  Sure

Secretary Reeves:  Raymond, ah in several of the uhm online courses that I’ve taken and talked to people, when someone states FOR THE RECORD though, that goes into the minutes in full correct?

Ray Carlson:  Ahhh

Secretary Reeves:  Because they want it as part of the record in the minutes and I’ve been told that by multiple sources

Ray Carlson:  Well, I mean you can do it that way, I don’t, I don’t personally believe that that’s the case ah because that way people who are in the audience control what what goes, if they want to submit a written document that’s fine, that’s the best way to do it.  I don’t believe that’s a legal requirement, I mean it may

Secretary Reeves:  that’s what I’ve been told by several sources, so

Ray Carlson:  Yeah, it may be what they’re saying but I mean, if you look in the, I’m messing around because I spilled some coffee, I apologize, ah, let me see if I can find the exact, there’s actually a code section that addresses this and it basically says, ah,

Director Ross:  Charise, as far as I’m concerned on that resolution, for the record meaning, you know, I said it, you don’t have to make a big deal out of that, you know (inaudible)

Secretary Reeves:  No, because we do have times when (Ross cross talking)

Director Ross:  another word for it, but

Secretary Reeves:  item that we want for the records being included in the minutes

Ray Carlson:  OK, here, here’s what it says in the code for records of the board, the board of directors shall keep a record of all its actions including financial transactions, so that’s pretty broad.  That might mean the very brief type of minutes I talked about, it might mean a blow by blow transcription of everything that’s ever said at the whole thing, or something in between.  So that’s a matter for board decision.

VP Kinsella:  Which section is that in Ray?

Ray Carlson:  That’s Government Code Section 61045, subdivision E

VP Kinsella:  E as in Edward?

Ray Carlson: Echo, as in Echo

VP Kinsella:  OK, I go back to my police training…Edward (laughing)  OK

Ray Carlson: I use the phonetic alphabet

VP Kinsella:  OK, any additional comments?  Any comments from the floor? 

Public:  I have a question.  Did the board, ah, has the board directed Charise to to, ahh, put these transcripts down, like what we were just talking about, was that requested by the board for her to do it that way?

Secretary Reeves:  No, this began when the board, I’m trying to think of a polite way to say this, when we had so much interaction with the board on February 22nd, and I, or actions against me, were at the heart of it, (talking in background) and I chose not to try and interpret what anyone was saying.  Rather than do that I (inaudible) verbatim for the director comments, hoping that one, and I’ll be very honest here, that one when everybody saw their words in print that maybe they’d get back to director comments where they should, the way they were originally started, and two, that way I was not putting words in to anybody’s mouth, it was whatever anybody had said and because of our board being the way it has, I had continued to do exactly that because I don’t want to get in the middle of it and I had a split board.  I had two, two and abstain, where this particular topic has, has been an issue and I’m not making that decision.  IF the board directs me Charise, you’re not to do verbatim comments from this point forward on director comments, I will stop doing verbatim comments, if the board says for now on you’re going to do it, then I will do it until they tell me otherwise.  But I was, I was not personally going to put myself in that position.

VP Kinsella:  Yes

Public:  Well I was noticing in the Grand Jury report that they suggested that you not do verbatim, the grand jury.

Secretary Reeves:  And we don’t do verbatim on anything except that one little piece, just because it was the topics were going all over the place.

Public:  But why would it be your decision to do it

Secretary Reeves:  It’s not, the board can change, the board can direct me one way or the other

Public:  But you’re doing it without them telling you one way or the other, so it’s your decision.

Secretary Reeves:  They can change it.

VP Kinsella:  It, it was one of the things that I, showed a lot of concern on this, so if you want to blame anybody blame me because I was the one that said, I don’t want anybody to misunderstand what I said.  If I said the Moon is made out of Blue Cheese, that’s what I said and I’ll stand behind it, and I would, I should be responsible for that, for that kind of a comment and ah, I think it’s just simple, if I made the statement, I stand behind it, and I don’t want anybody to interpret what I said.  So, I’ll take the heat on that one.

Public:  OK, I was just wondering that (inaudible)

Director Ross:  But of course one board member cannot direct her to do anything

VP Kinsella:  No I, I, that’s right, and I, my comment to Charise was I want my words said, or stated properly in true content.  So, took the heat off her, OK.

Public:  I was going to say that ahum, it seems like if ah the minutes are a record of the board’s actions, as district counsel has said, you don’t need to even put any of that in there, just say director comments were made period, without saying what they were, and if someone wanted to listen to the tape they could (inaudible) it’s not part of the action the board has taken so I don’t see why it should be an issue of having  it (inaudible)

VP Kinsella:  OK, any other comments?  Ruth.

Ruth:  Yes I have one, ahum,

VP Kinsella:  Is it related to this?

Ruth:  IT’s related to the minutes being approved.

VP Kinsella:  OK

Ruth:  I, I noticed that ah, the August 25th Minutes were on the internet, is one director, which is Lew, acting alone by putting these minutes on the web before they have been approved by the board

Director Richardson:  They’re not Minutes

VP Kinsella:  Let me ask you, let me ask you a question first Ruth, was this on LDPCSD?

Ruth:  No

VP Kinsella:  It was not.

Ruth:  It was not

VP Kinsella:  Lew?

Ruth:  I didn’t think the Minutes could be out to the public until they were approved by all of the board members.

Secretary Reeves:  The Minutes that are on the, say these have not been approved yet.  There are no minutes on the district’s website

Ruth:  No it isn’t on the CSD website

Secretary Reeves:  And I have not put them out there anywhere else

Director Richardson:  Could I answer that?

VP Kinsella:  Go ahead

Director Richardson:  Ah Ruth, first of all they’re not Minutes.  They’re a transcription of everything that was said within the meeting, without any comment on my part, and I think that’s good because as you know there are hundreds, and hundreds of customers that never come to these meetings and they have no idea what happens at these meetings.

Ruth:  Ah, huh

Director Richardson:  So I think that is in the best of the district as a whole to understand what is transpiring at meetings that affect them and their finances.

Ruth:  But you put, ah on there this is verbatim

Director Richardson:  Ah, huh

Ruth:  and, and that, what I’m questioning is how can one director put these out there before they are approved by all the directors?

Director Richardson:  I could come in here with a video camera and set it right there on a tripod and film this entire proceeding, it is a public, public meeting, and it’s geared to educating, see, evidently you looked on the blog, well did you have a good understanding of what happened at the meeting?

Ruth:  Well I was here.

Director Richardson:  Oh, OK, well a lot of people aren’t, a lot of people aren’t, they don’t have the time or they live in Colorado, or whatever, but they’re not minutes.

Public:  This might go back to your January that you didn’t do your committees, because policy number 4060 requires that you put a planning committee, an ordinance committee, personnel committee, and finance committee, and public relations committee and there’s policy that backs up that public relations committee, you can look that up because it’s  

VP Kinsella:  That, that will be coming up, the first committees will be coming up

Public:  (inaudible)

Director Richardson:  That’s coming up

Public:  It’s coming up how?  What do you mean?

Director Richardson:  Today, it’s on the agenda

VP Kinsella:  It’s in, it’s on the agenda

Public:  I noticed that the, what you’re calling it is not these, what you’re calling your committees, it’s not what’s on policy, they’re different but we’ll, I wait till we get there.

VP Kinsella:  OK, any further comments from  

Director Skoien:  I have one

VP Kinsella:  Well wait a minute

Director Skoien:  I’m sorry

VP Kinsella:  Any further comments from the audience?  Mark

Director Skoien:  I just want to say, that Lew said he puts the verbatim transcripts on his blog without any comment from him, well, you usually do have some comment

Director Richardson:  The prior blog did

Director Skoien:  Well

Director Richardson:  the new one does not

Director Skoien:  underneath

Director Richardson:  if there (cross talk) if there, yeah, I will post

Director Skoien:  but it’s on the blog

Director Richardson:  I will post what is said in this meeting (cross talk – Skoien) as best I can from two recorders analog and digital, I do the best job I can to get every word, sometimes I can’t hear it because of the cross talk or the inaudible stuff, and that’s posted singularly.  Afterwards I can add a comment to it.

Public:  Does the whole board, do they do, do they know that you’re doing that, do they approve of everything because that’s what policies state

VP Kinsella:  Can’t control it

Director Richardson:  I, I’m an individual, I’m a United States citizen I have my right to Free Speech and I did not give (cross talk interruption) up (cross talk) and I did not give that up when I became a director.

VP Kinsella:  Clem?

Clem:  I was going to say he has responsibilities being a board member, not to be doing these things. 

Director Richardson:  Where does it say that?

Clem:  When you became a board member

Director Richardson:  Where does it say that?

Clem:  limited some of your writing

Director Richardson:  Where does it say that?

Public:  In the policy number there

VP Kinsella:  We’ve deviating from this thing.  OK

Public:  You’re pushing it under the rug

VP Kinsella:  What?

Director Richardson:  Actually in a little bit, I think it will be clearer to you.

Public:  OK

VP Kinsella:  Any other comments, back to the board.  Do we read and approve the consent calendar for July 12th, July 18th, and July 25

Secretary Reeves:  and all correspondence

VP Kinsella:  Say again?

Secretary Reeves:  and all correspondence

VP Kinsella:  and correspondence.

Director Skoien:  I think you should separate them.

VP Kinsella:  OK

Director Skoien:  I mean that’s just me.

VP Kinsella:  Director Skoien says they should separate them

Director Skoien:  I mean, I won’t approve July 25 I’ll just come out and say it,

VP Kinsella:  OK well, let’s do it this way then, why don’t we cut down a little bit here, July 12 and July 18 read and file?

Director Ross:   Isn’t it more, Charise isn’t more than read and file, or is it read and file?

Secretary Reeves:  It’s read and file

Director Ross:  OK (inaudible)

VP Kinsella:  I need a motion, somebody want to make a motion to read and file?

Director Skoien:  Well make your motion, on, state the dates.

VP Kinsella:  July 12th, and July 18th

Secretary Reeves:  and correspondence

VP Kinsella:  and correspondence, thank you, I keep forgetting correspondence

Director Richardson:  I’ll second it

VP Kinsella:  Any comments from the audience?  Back to the board, call for the question, all in favor?

Director Ross:  What are the two dates?  12 and

Secretary Reeves:  12 and 18

VP Kinsella:  12 and 18 and correspondence.  Unanimous

Director Richardson:  Unanimous

VP Kinsella:  Special meeting July 25, do I have a motion to accept, read and approve

Director Richardson:  I’ll make the motion to read and approve July 25th

VP Kinsella:  25

Secretary Reeves:  43 (referring to page number)

VP Kinsella:  I’ll second it, any comments from the floor?  Back to the board, I’ll call for the question, all in favor of read and file Special Meeting July 25, all in favor?  Aye

Director Richardson:  Aye

Director Ross:  I’d vote for it if the ah, direc, the ah, transcriptions were removed otherwise no.

Director Skoien:  Nay

VP Kinsella:  Well what is your vote Emery?

Director Ross:  I would vote for it if she, if you agree to take the direct, transcriptions out, otherwise, no.

VP Kinsella:  OK

Director Richardson:  It fails

VP Kinsella:  Motion failed

Director Richardson:  We’ve got something for the next year’s audit

Secretary Reeves:  What, what does the board want me to do with these minutes?

Director Ross:  Bring them back next month, keep bringing them back I guess.  Like we did before

VP Kinsella: I think we have to bring it back twice don’t we?

Director Skoien:  Do you have a problem with her taking the verbatim out?  As a motion?

VP Kinsella:  Yeah, I do.

Director Skoien:  Well then I guess we’re a stale (cross talk)

VP President:  that’s me, but (cross talk)

Director Ross:  (inaudible) reason to bring it back, there’s no reason to bring it back

Director Richardson:  Well it might be good to show good effort that we tried.

Director Skoien:  Well, I’ll make a motion, that July 25th Special Meeting minutes have the verbatim transcripts removed and brought back to the board, is there a second?

Director Ross:  I’ll second it, but I think you probably got to separate it (inaudible)

Director Skoien:  Why?

Director Ross:  Ok, go ahead, (inaudible) back to the board just to vote yes for that, if you say, with the transcripts (inaudible) vote no, because (inaudible)  I second the motion.

VP Kinsella:  Call for the question, all in favor? 

Director Ross:  Aye

Director Skoien:  Aye

Director Ross:  Gee, what a surprise, surprise, surprise.

Director Skoien:  OK, we made the effort just like you said

Director Richardson:  I meant next month (laughing)

Director Skoien:  Won’t be no different

Director Richardson:  That’s right, it probably won’t be different for quite a while (cross talk)

Director Skoien:  (inaudible) chance to change it

VP Kinsella:  OK, so that motion failed

Director Ross:  No big deal.

VP Kinsella:  Say again?

Director Ross:  No big deal, do it next time.

VP Kinsella:  I kind of expected it

Director Ross:  Oh yeah

VP Kinsella:  Page 53

Secretary Reeves:  54 actually, no you’re right

VP Kinsella:  Say again?

Director Richardson:  53

Secretary Reeves:  You’re right, sorry

Director Ross:  Which page?

Secretary Reeves:  53

VP Kinsella:  Oh that’s the Grand Jury letter

Secretary Reeves:  that’s tied with the resignation

VP Kinsella:  Yeah, when I get

Secretary Reeves:  Yeah, OK 53 is correspondence, 54 is the

Director Richardson:  Reorg

VP Kinsella:  When I get a letter from a government agency that says greetings, (inaudible) look for the door

Director Ross:  Charise, what page are we on?

Secretary Reeves:  54

VP Kinsella:  54.  Page 54 is the written resignation of Director Keefe.  Page 55 is Mr. Carlson’s letters to the presiding judge of Mariposa County Superior Court and ah, and the Board of Supervisors, and Dan Tynan.  WE don’t need a motion for that do we?

Secretary Reeves:  Ah I think you probably should (cross talk)

VP Kinsella:  probably be neater and cleaner to have a motion

Secretary Reeves:  because we

Director Skoien:  Motion for what?

Secretary Reeves:  approved the response to the Grand Jury and as part of her, ahm I know you, the board had asked, or at least members of the board had asked for an addendum to that once everything was finalized with the DA, and that’s why it’s in here as part of (inaudible) reorg and vacancy because it’s all tied to her resignation.

VP Kinsella:  Any comments from the board?

Director Skoien:  I don’t understand why, wh, why we have to have a motion on this (cross talk)

Director Ross:  What is, what are we trying to move?  (cross talk)

VP Kinsella:  It’s a letter from Mr. Carlson to ah Judge Walton, acknowledging that Director Keefe had resigned her position, do you

Director Ross:  Raymond, do we need a motion for that or not? 

Director Skoien:  We don’t need a motion for that

Ray Carlson:  Yeah you should, so that there’s a record

VP Kinsella:  It’d be neater and cleaner

Ray Carlson:  that there was authority to send it

Director Ross:  Well, what does the motion want to say?

VP Kinsella:  That we approve the letter that Mr. Carlson wrote to ah Judge Walton, copies to the Board of Supervisors and Mr. Tynan

Ray Carlson:  I mean it hasn’t actually been sent yet, but you’re authorizing me to send it.

VP Kinsella:  Yeah, that’s what the motion is going to be.

Director Ross:  I can, I can so move if you would like, that long motion that probably can’t repeat, cuz it was too long

Secretary Reeves:  It was to approve the letter Mr. Carlson wrote to Judge Walton, Dan Tynan and Mariposa County Board of Supervisors

VP Kinsella:  OK, Emery, you going to make the motion Emery?

Director Ross:  I made it, I said so moved.

VP Kinsella:  Second?

Director Richardson:  I’ll second it.

VP Kinsella:  OK, open to the floor, any comments from the floor?  Victor?

Victor:  I don’t see any need for it, (inaudible) they have the court transcript, there is no need for the attorney to spend his time and district money attending to the letter

Public:  But he’s already  (cross talk, multiple voices) might as well send it (laughing)

Victor:  It’s in the court transcript already

VP Kinsella:  It hasn’t been sent yet, it has not been sent

Victor:  I know that

VP Kinsella:  it’s an extra 42 cents

Victor:  No, there’s also billable hours

VP Kinsella:  Any other comments (multiple voices)

Public:  Did you officially accept her resignation?

VP Kinsella:  Say again?

Public:  Do you need a motion to officially accept her resignation?

VP Kinsella:  No the resignation was sent and accepted, we don’t need a resolution for that, we do need a recommendation or a vote to send a letter to the Superior Court Judge.  OK, back to the board, all in favor of the motion to have Mr. Carlson send, sign and send the letter to …..all in favor?  Unanimous.  Onward and upward. 

Director Ross:  Page number?

Secretary Reeves:  You’re still on 54

VP Kinsella:  Board vacancy,

Secretary Reeves:  No, board reorg, president, vice president, (inaudible)

VP Kinsella:  Yes, yes (inaudible)

Secretary Reeves: It’s just, there’s nothing specific to (inaudible)

VP Kinsella:  What page is that?

Secretary Reeves:  It’s still on the same pages. Bill we’re still talking about reorganizing, (inaudible)

VP Kinsella:  OK,

Secretary Reeves:  Because we have no president

VP Kinsella:  Right, Board Reorganization, ah, board comments?

Director Ross:  I have one.  Why don’t we discontinue along this path until we get this third person, that’s what we did the last time if you recall.  Wes ran it, you can run it as VP, you’re doing a fine job.

VP Kinsella:  I (inaudible) problem with that.  Mark

Director Skoien:  I got no problem with that.

Secretary Reeves:  We have a

Director Skoien:  It’s going to end up that way anyway

Director Richardson:  Probably so

Secretary Reeves:  (inaudible)

Director Skoien:  by the time you count the votes

Secretary Reeves:  Do we have a motion to do so?  Emery do you want to

Director Ross:  I make the motion, go ahead

VP Kinsella:  No, you want to make the motion

Director Ross:  I make the motion that we continue as we are until the new person is appointed and then (inaudible) who the president is.

Director Skoien:  I’ll second it

VP Kinsella: OK

Director Skoien:  Since it’s going to come out that way anyway (laughter)

VP Kinsella:  (laughing) There’s nothing like a foregone conclusion is there?

(Multiple voices)

Director Ross:  You’re doing fine just keep

VP Kinsella:  I’m not worried about it

Director Richardson:  So if it doesn’t pass, it’s the same thing anyway.

Director Skoien:  Exactly

(Multiple voices, Laughter)

VP Kinsella:  Anybody (laughing) have any comments from the audience?

Public:  Just a funny one, maybe you don’t need that fifth one you’re doing very well.


Director Richardson:  There’ll be some other things coming up.

VP Kinsella:  Since we have no comments from the audience, ah, the motion is to leave things the way they are

Director Ross:  Bill I had a comment when you’re done

VP Kinsella:  Say again?

Director Ross: I have a comment when you’re done

VP Kinsella:  OK.

Director Ross:  Bill as as the vice president ah, there isn’t a president so you can establish these committees because you’re actually running it right now, you don’t need a motion to have committees, if you want to have committees, have committees.  Now it’s your elective.

VP Kinsella:  Well

Secretary Reeves:  We’ll get there

Director Ross:  Officially it is

VP Kinsella:  Well we’re not

Director Ross:  That’s who, that’s who you come up with a committees and you assign people to them, you don’t need to vote on it or anything like that,

VP Kinsella:  I know that

Director Ross:  OK, (inaudible)

VP Kinsella:  I know that, but the motion is that you said you wanted to leave things alone? 

Director Ross:  I think we voted.

(Unknown) No you haven’t voted yet

VP Kinsella:  No

Director Ross:  Oh we didn’t?

Secretary Reeves:  No you haven’t voted yet, we’ve still got the motion on the floor.

Director Ross:  OK

VP Kinsella:  (inaudible) All in favor to leave it alone

Secretary Reeves:  Until there’s, until we get a third

VP Kinsella:  the way it is?

Secretary Reeves: third seat.

VP Kinsella:  Huh?

Secretary Reeves: Until we get the third seat filled.

VP Kinsella:  Yeah

Secretary Reeves:  So what’s my vote?

Director Ross:  I guess it’s (inaudible)

VP Kinsella:  One, two, three, four

Secretary Reeves: OK, I’ll

VP Kinsella:  No sense

Secretary Reeves:  Yours is a yes OK?

VP Kinsella:  Why go through a second one?

Secretary Reeves:  OK

Director Richardson:  I guess you could have thrown a no in there just for fun- the excitement of it all.

Public:  Charise is the (inaudible)

VP Kinsella:  OK

Secretary Reeves:  It’s supposed to be, let me go look (inaudible) it’s kind of warm

Director Richardson:  Cuz there’s people in here now, brings up the temperature.

Public:  Have a break, there’s still so much…

VP Kinsella:  You want a break?

Public:  Please, could you call a recess?

VP Kinsella:  OK, unless, unless ah there’s any ah complaint, we’ll have a 15 minute recess.

Public:  OK, thank you.

Director Richardson:  Time, 1427



Categories: Uncategorized.





Prepared by Lew Richardson from analog and digital recordings.

My best to you and yours, Lew




Vice President Bill Kinsella:  Good afternoon welcome to the September 10th … 19th …. September 19th 2011 business meeting of the Lake Don Pedro Community Services District.  WE have director Ross, Director Skoien, Director Richardson and me present, that makes a quorum.  We have Charise Reeves the Secretary and Dan Tynan our Interim General Manager and we have the CSD attorney Ray Carlson present.

Director Keefe resigned from the board, her resignation was accepted and we wish her well.  It would be inappropriate at this time for me or anybody else on the board to comment on her resignation.  I encourage the CSD rais-ratepayers to express their concerns about business items not on the agenda.  Personal attacks on any director or district employee is discouraged.  If a speaker does attack any director or employee they will be warned to cease, if the speaker insists on continuing the attack I will recess the meeting 15 minutes, upon reconvening the meeting the speaker will still have the opportunity to speak, but if they continue the attack on the, if they continue their attack I will adjourn the meeting for 48 hours and reconvene the meeting at a time and place consistent with the Brown Act.  I would prefer that we not have to go that way. 

Director Emery Ross: No Pledge of Allegiance today?

Vice President Kinsella:  I’m going to do that right now.  Ruth will you lead us in the Pledge of Allegiance?

Ruth:  Yes

[Audience, staff, and Board recite]   I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one Nation under God, indivisible, with liberty, and justice for all.

Vice President Kinsella:  Thank you.  The floor is open for Public Comment.  [None]  I have some information that I just recently received that Wes Snyder had a stroke and is in the hospital.  I cannot tell you what hospital because I don’t know.

Director Ross:  Merced

Vice President Kinsella:  Where?

Director Ross:  Merced

Vice President Kinsella:  OK, there’s a man more in tune with what’s going on

Director Ross:  Last Thursday

Vice President Kinsella:  Say again?

Director Ross:  Last Thursday.

VP Kinsella:  OK, do we have any people from the audience that would like to make a comment? 

Coralane Porter:  I just want to, I’m Coralane Porter, and I just want to make a comment when Wes’s name comes up on the agenda, that I was just going to speak for him, since he couldn’t be here, just a small little thing about..

VP Kinsella:  You would like to speak for him?

Coralane Porter:  Yea, because he can’t be here

VP Kinsella:  No problem, no problem

Coralane Porter: So I mean that’s further in the in the meeting

VP Kinsella:  Yea sure,

Coralane Porter:  of course

VP Kinsella:  IF we have no comment from the floor, from the floor we’ll continue on with the meeting.  There is no Vice President’s Report because I didn’t make one.  Interim General Manager’s Report, Dan?

Interim General Manager Dan Tynan: OK, as you see, what I wrote was ah, we’ve been unable to do pipe bursting this month, we had to just do the repair bands we were trying to replace the entire lines.  Dave and Justine ah, were getting behind on leaks because it’s that time of the year, so they went back to putting repair bands on them until the Fall when we can start replacing the lines.  Ahum, we weren’t about to flush any hydrants this month, this last month due to the high consumption of water use, so we’re back on that this month painting and flushing the hydrants.  Our water loss this month was pretty substantial because our transducers that give a signal to our SCADA system they failed, it failed.  So our SCADA system was saying it (inaudible) 17 feet when the tank was at 32 feet and over flowing and we had no way of knowing this.  SO we had to change two of the transducers at Sturtevent and Lazo so now they’re up and running again we can read our SCADA and trust it and we’re good to go.  I met with ah, Olin there our chemical chlorine bleach they came out and gave us some really good suggestions of how we could be safer for the employees and what steps we can take and I followed the steps that he had suggested and as I was doing that I noticed a (inaudible) a bottle that we flush our eyes with and it had expired in 1998.  So we replaced that bottle, so, and ah that’s pretty much it. 

VP Kinsella:  Any questions from the floor?  Any questions at all? 

Director Lew Richardson:  I have one

VP Kinsella:  Lew

Director Richardson:  Hey ah Dan I noticed on page 1 of the report there’s no usage outside filed MID Place of Use.

IGM Tynan:  I apologize, I missed that, I’m sorry.

Director Richardson:  No, no It’s alright I was just curious because ahm looking at the other sheet it looks like there was like one thousand five hundred and fifty-seven  point seven ah units used.

IGM Tynan:  Yes that’s true

Director Richardson:  And also there were ah there’s no meters with no consumption this month shown which probably really matter because in the last nine months we’ve averaged 1408 anyway and we’re 1409 now, but I was just curious why those weren’t there.

IGM Tynan:  Yea I’m sorry, I forgot to put those on my report.

Director Mark Skoien:  Ahh, when you mentioned this, talking about the eye wash station?

IGM Tynan:  Yes

Director Skoien: Did, brought up a, member when we were looking at the septic, when you called me over when what’s his name brought the camera?

IGM Tynan:  Yeah

Director Skoien:  And we were searching down that water that was coming in there?

IGM Tynan:  Exactly

Director Skoien:  And we went to the eye wash station and it was plumbed with raw water

IGM Tynan:  Raw water, yes

Director Skoien:  Did you ever change that?

IGM Tynan:  No we’re going to have to change that

Director Skoien:  It’s never been changed?

IGM Tynan:  It hasn’t bee changed yet, it’s a huge project, but we’re going to have to change that, we

Director Skoien:  That’s what I was asking about because I remember trying to do that right away and that’s

IGM TYNAN:  The guys know not to use that right now, we have the eye wash bottle, but we do have to get that replaced, they know it’s raw (inaudible)

Director Skoien:  Remember we closed everything off and it was raw water (inaudible) eye wash

IGM Tynan:  Why it was plumbed like that there’s no reason

Director Skoien:  That needs to be fixed

IGM Tynan:  Yeah, we’ll get that fixed

VP Kinsella:  Any other questions?

IGM Tynan: I just

VP Kinsella:  Yeah?

IGM Tynan: had a comment, ah let me see what page it is on, it’s just a little correction I need to make, on page 14 it says treatment chemicals, however staff does not, is not sure why chemical usage did not increase due to increase in the water treated, we do know why that happens, it’s called water lake turnover.  When the lake turns over, it changes our Jar Test, we have to do a Jar Test and it demands more chemicals because there’s more organics in the water.  So I just wanted to make a correction on that.

Director Ross:  Dan, are you sure it’s 14 cuz that’s the Treasurer’s Report (inaudible)

IGM Tynan:  Yes  (background voice)

Board Secretary Charise Reeves: Disclosure on the chemical account

IGM Tynan:  Yeah, we do know why (multiple voices) it does that, the lake turns over

Director Skoien: Yeah, I had a note about that too, but doesn’t that make you use more?

IGM Tynan:  More chemicals yes because you have more organics in the water

Director Skoien:  But you wrote up you didn’t understand why

Secretary Reeves:  No, I wrote, I wrote that up because Dan was (multiple voices) when I was doing this he wasn’t in to ask and the packets were going out, so I wasn’t sure why July had more chemical use compared to August when we pumped a lot more water in August than July.  Got it backwards.

IGM Tynan:  In July the lake turns over, August and July, which ate up more chemicals.

Director Skoien:  Yeah but it says usage did not increase

IGM Tynan:  For August right?

Secretary Reeves:  Chemical usage I would have, I would have expected from a financial perspective that if we pumped more water in August that our chemicals would have been higher in August.

Director Skoien:  Right, that’s why I had the question mark here

Secretary Reeves:  And he’s saying that because they needed to use more chemicals in July because the lake turned over, that (multiple voices )

Director Skoien: ..the amount in August was normal

IGM Tynan:  Yeah, yeah that’s why it went down because in July when it turns over, when a lake turns over from hot water to cold water it has more organics and it eats up more of the poly, polymer.

Director Ross:  You sure, what what number is this like O&1 1 5 what what number are we talking…?

Director Skoien:   521, the last three numbers, like the seventh one down or something, one, two, three, VP Kinsella: water treatment chemicals

Director Ross:  I see

Director Skoien:  Eighth one down

Director Ross:  I got it, thank you

Secretary Reeves:  It’s my job from a financial perspective to identify any things that look odd financially.

VP Kinsella:  Any other questions?  OK.  Intake presentation, are you going to do that Dan?

IGM Tynan:  I haven’t in the past but I can.

VP Kinsella:  Say again?

IGM Tynan:  I , I can yeah.  Oh I’m sorry, Randy should be here, I told him we would be here about quarter after, let me run and get Randy real quick.  We got through this a little faster than what I expected. 

VP Kinsella: Like going through a mine field (Tynan avoiding audience chairs while walking outside)

VP Kinsella:  OK this is Randy Gilgo he’s going to give the presentation on intake treatment, right?

Randy Gilgo:  The question being why intake, the float pump is not set up?

IGM Tynan:  Why we can’t work on it at this time

Randy Gilgo:  Because its underwater (laughter)

VP Kinsella:  This is proper, previous planning right?

Randy Gilgo:  (Drawing diagram on the dry erase board) (inaudible) look like this, up here is our intake, our pumping station, pipes going to the lake like so, the float pump      get down to here, 12 inch pipe to our filled in waters and no matter what level the lake is we just continue to add 20 foot sections of piping on the end of this pipe and continue to suck water

But right now the water level is up here and everything we need to work on is down here.

VP Kinsella:  Can I ask you to tell people where we’re getting the water from?

Randy Gilgo:  Where we’re getting it from?

VP Kinsella:  Yeah

Randy Gilgo:  Lake McClure

VP Kinsella:  You’re going to describe the intake presentation, where’s the water coming from and where does it go?

Randy Gilgo:  It’s coming from Lake McClure to the raw water storage tank back here

IGM Tynan:  You wanted to know where it’s pulling from?

VP Kinsella:  Well there are some people here who may not know

IGM Tynan:  Yeah, Randy can show that one real quick

Randy Gilgo:  If you were actually sitting on a boat looking at our intake system, you’ve got two pipes, well casings that come down like so, and they’re flanged at the bottom, and there’s a pump down in here, and a pump down in here, and again this being the shore line our building up here, these, this would be say pump 1, and pump 2, these also have connecting tubes all the way down to the bottom.  Pump 2, if you guys ever see the intake setup, has risers on them with baskets and valves, this is exactly what we can’t fix right now because we’re running off of this bottom basket that’s open, the rest of these are closed and not functional.  The bottom one is, and that’s what we’re pulling off of now until the lake gets back below the lowest point and we can get back to these connections and re-hook up these valves (inaudible)  right now water level being probably right about here, everything for about 120 feet or so is still under water.  So as far as intake repair and everything getting done for the CIP part of this, until nature takes its course and that lake gets empty again and we’re in a drought, we’re at a stand still.  Unless we go under water.

IGM Tynan:  Could you also explain how the electrical cord for the float pump, we can’t get to it, it’s under water also.

Randy Gilgo:  Now this being the intake set up, next to this we have a big giant flexible pipe that has its own pump over here and it’s connected here and right now its just dead, sitting there.  The electrical for this pump, to hook the whole pump up, snakes like this down this hill and is sitting down here, again under water.  It’s sitting down here somewhere probably a 150 feet under water and we can’t get to that until the lake levels are low enough also to launch our float pump and to hook this electrical up to it because, let’s say these are the shore lines of our lake and our intake setup is here, if we were trying to drag that electrical cord and the tubing for our float pump at a level where its at now it would stretch clear across the lake over here.  We’d have to shut down the lake, because we’d be right down the middle of the lake we’d have a big pipe going across.   Basically until the water gets low enough again or we’re in another drought situation, there’s nothing we can do unless we go under water.

IGM Tynan:  Thanks Randy.

VP Kinsella:  Questions?  Anybody have any questions?  Wes.

Wes Barton: Randy? 

Randy Gilgo: Yeah

Wes Barton: Ah a couple couple of questions.  The ah on the barges you have pumps, OK, Motor pumps, one I think is 150 one’s a

Randy Gilgo: One is a 75, that one (inaudible, multiple voices)

Wes Barton:  75 and 150 is it?

Randy Gilgo:  Right

Wes Barton: Yeah, OK.  Now do those even run, do we know if those run?

Randy Gilgo:  Yeah

Wes Barton:  The 75 we know will run.

Randy Gilgo:  They both run but the 75 we do not use.

West Barton:  OK so, that, so

Randy Gilgo:  the 75 doesn’t (multiple voices cross talk) have near enough power (inaudible, multiple voices, cross talk)

Wes Barton:  So the myth of it never being tested is baloney both of them run.

Randy Gilgo:  Correct

Wes Barton:  OK, ah, second question, on that flex pipe.  We cut that all apart a year or two ago and put it back into pieces

Randy Gilgo:  No, we cut one end of it off and ordered more pieces

Wes Barton:  OK, so, it isn’t just one big long pipe now

Randy Gilgo: No its still one big long pipe, what we did, what we did, was the pipe that was existing out there again,  staked down the hill like so, and as the water levels went down we just stretched that pipe out and straightened it, well, the way it hooks out here where our floating pumps are, there’s an attachment called Valtalic Clamp, well in order for us to get more length on this in case the lake level did get come to a river say, and we’ve lost capacity because we couldn’t reach any farther, what we did, is we cut this end off, clamped it, and we purchased extra sections of 20 foot sections, so now if the lake level gets even farther down and let’s say, where our pump station is sitting at now it was literally just a mud pit in the deepest part, you know we can continue to have 20 foot sections bolted together instead of just snaking the pipe down now we can actually add sections to it and get 20 feet, 40 feet, 60 feet or pipe if we need to to get farther down into- hopefully it doesn’t get that

Wes Barton:  I misunderstood I thought we actually cut the big too so that we could better handle it

Randy Gilgo:  All we did was cut the end of it off and I’m just to, just to

Wes Barton :  Are those pieces still there, because before water went up you could see them, (multiple voices)   Ah, one last question, ah, as the lead plant operator are you responsible for the intake?

Randy Gilgo:  I guess that would be up to the boss, I don’t know (multiple voices)

Wes Barton:  (multiple voices-cross talk) definitions (inaudible) duties are

IGM Tynan:  I wouldn’t think so, Randy is in charge of the plant and that’s something I’d be responsible for, with Randy’s help because he’s ops,  I’ve never even (inaudible)

Randy Gilgo:  I’m assuming it wouldn’t be directly my responsibly but me being (inaudible, cross talk, multiple voices)

Wes Barton:  I’m not questioning, I’m not questioning your capacity, (inaudible – from audience)

Randy Gilgo:  Well probably, like I said, I don’t think it’s exactly my responsibility but because I was here the longest and know more about all this than Dave does.

Wes Barton:  Not arguing with you…(laughing) (inaudible) to go home, thanks.

VP Kinsella:  Any other questions?

Director Skoien:  What, ah, when the water goes down to where you can hook up the pumps and if there’s, how much time do you have, say the pumps didn’t work and you needed to work on them, so, how much time do you have or I guess it would be feet of water, I mean, can you get there to see if they all work before they’re needed is what I’m getting at?

Randy Gilgo:  Yeah, the float pump is launched at, I believe, a lake level of 730, 720 somewhere around there and it’s not used until around 690-700 feet so

Director Skoien:  OK, and this elec

Randy Gilgo: …30 to 40 feet of leeway and (cross talk)

Director Skoien: so you have some time to work on it if it, you hooked it up and it didn’t work?

Randy Gilgo:  Right

Director Skoien:  So that electrical part of it is basically all you need to see if it works, you don’t need to hook up all the pipe?

Randy Gilgo:  We could just hook up electrical and it will blow right out of the side

Director Skoien:  Right, so, how feasible it is, is it to raise that electrical cord so you can when you had time and you wanted to float barge you could do it sooner, that’s , I know it’s probably not that simple, but.

Randy Gilgo:  Well the two biggest things is number one, its, its under who knows how many feet of water?

Director Skoien:  Right

Randy Gilgo:  On top of that who knows how many feet of silt, debris, and rock and everything else that’s underneath, so what we do is when the lake level gets low enough we go out there, find what ever we can of it and start pulling it out of the ground, digging it up and figure out where, you know, it could be 100 yards that way, it could be right underneath our feet,

Director Skoien:  Well that’s what I’m getting at, can, when you finally can get to it, could that be raised so, at another year we could get to it sooner

Randy Gilgo: Hard part about it being is like, it’s the weight of the wire, its probably a good hundred pounds for a five foot section, you’re talking something that’s 300 feet long, so it’s really kind of, we just depend on, well we can find the end

Director Skoien:  right

Randy Gilgo: You know what I mean, its trying to move

Director Skoien:  So it’s not that easy to change where the end is and then anchor it up higher so you could do something sooner ahead of time?

Randy Gilgo: Had we planned for this, and we would have known  OK the waters rising, you know, we abandoned all of our projects down there, had we known OK, just to button up the last little stuff we did there, when we got there we were in two feet of working area, by the end of that day we were working under water  that’s how quick the lake came up that day.

Director Skoien:  So right now you got about 40 feet of elevation when you can hook it up and before you need it?

Randy Gilgo:  Yeah, its launched at a certain lake elevation and it’s not used until

Director Skoien:  I’d like to see that higher, but if it’s a hazel

VP Kinsella:  Say again?

Director Skoien:  I said I’d like to see that higher so you can tell if the thing works, more ahead of time, you know, but I don’t know how easy that is to do.

Wes Barton:  Mark just brought up (inaudible from audience) ah did, I’m trying to remember back now, didn’t Binkley’s , ah, is this one of the things that Binkley was questioning on ahh, the timing of ah, purchasing any, some of the motors and pumps, because what they were saying is that whether its finicky and so consequently, it took a fair amount of time to be able to replace motors if they needed them

IGM Tynan:  Three months (multiple voices)

VP Kinsella:  Yeah she did but then the level rose in the water and she said it’s not a priority right now.

Wes Barton:  Ah OK, I thought the last letter they sent they were still suggesting that we get it and have it on hand (multiple voices, cross talk) better to get it and spend the money and use it for something (inaudible, cross talk)

IGM Tynan:  Well actually that came from also Brenda she answered that, she spoke with Elizabeth and Elizabeth pretty much agreed because we could buy that pump we could be without drought for five

years, mean while we have a pump that the warranty (cross talk)

Wes Barton: You’re all in agreement now?

IGM Tynan:  Yeah, we’re all in agreement.

VP Kinsella:  Any other questions for Randy or Dan?  I guess not, thanks Dan, Randy.

IGM Tynan: Thanks Randy

VP Kinsella:  TREASURER’S REPORT we’re talking, it’s starting on page 10

Secretary Reeves: Starting on page 10, ahm, to big things that I’ll just point out is that, one, we had our the auditors did come to the office for about three days and they were in the process of getting that report completed, and once it is we will put them on the agenda to come and present to the board.

VP Kinsella:  OK

Secretary Reeves:  Ah we ended, ended the month with just under $300,000 total, uhm, July and August are always our months when we go through a lot of cash because we pay out three of our five largest ah bills for the year.  So this month we paid out the MID payment and the Muni Loan payment and those alone are $28,000 and $59,000.  The good thing was that we did not have to take any money out of the LAIF account, we had enough money in the working capital account to pay all of the bills this month which is the first time that has happened in a very long time so we’re making progress and least with our cash flow.  AHm, those were the two main points I wanted to point out, are there any questions regarding anything in the Treasurer’s Report?

VP Kinsella:  Ok, go ahead

(Public):  Charise, how often are you billed from MID?

Secretary Reeves:  We are billed twice a year

(Public):  So you just now got the, that is the amount of money for…?

Secretary Reeves:  That was for January through June

(Public): OK, 59 or the other one?

Secretary Reeves:  No the 28

(Public):  OK, and that’s how much an acre foot?

Secretary Reeves:  That is,  it just went up, well, that was $133.85 I believe for January through June, it just adjusted, ah, with the index, and I want to say it went to $137.34 give or take, it wasn’t quite as big of a jump, we had ten dollar increases in the past and now we’re based on that ind, on the index.

(Public):  And when will those increases end this year?

Secretary Reeves:  I don’t believe there is a termination date on that, but I haven’t really studied that contract.

(Public):  Alright, thank you.

VP Kinsella:  Lew, you had a question?

Director Lew Richardson:  Just real quick, a couple of meetings ago we discussed this auditor coming and any potential ramifications of not having all our minutes approved..

Secretary Reeves:  Yes

Director Richardson:  Did we find out if that affects us one way or another?

Secretary Reeves:  It does, ahm, she said financially and operationally everything looked good, she had no adjustments for me to make, uhm, there were no errors that they pointed out.  The two things that are kind of on the radar that I expect to come back to us is the fact that the policies have not been completed, or that she’d seen any major progress towards those which is something they pointed out both last two years, and the unapproved minutes, uhm, definitely will have an impact and could potentially make a very negative audit because she has to disclose that.

Director Richardson:  And that goes to what the State Auditor?

Secretary Reeves:  That goes to the State Auditor to our loan holder’s uhm, as soon as it’s complete.

VP Kinsella:  Would that audit have any impact on our credit worthiness?

Secretary Reeves:  It could, definitely, plus we go forward you have to provide them with copies of the audits uhm I know in the past when I had questioned things, you know because I had been concerned if we had something major happen and we had to go for a loan, I’ve been told that because the board had been willing to do the increase and make the hard decisions that that would definitely be taken into consideration – that we were trying to move in the right direction.  Uhm, but obviously if you have a bad audit it could definitely have some impact.

VP Kinsella:  OK.  Any other questions from the floor?

(Public): I noticed a couple of ah checks made out to Sally Punte?

Secretary Reeves:  She did our notary services for the delinquent ah billings that went to the tax rolls.

(Public): Payment for service

Secretary Reeves:  Yes payment for services and you’ll also see this next month another one because she notarized both signatures on the McDonough/Clark contracts.

(Public): OK, no problem.

(Public):  Will she be the notary forever?

Secretary Reeves:  No, I mean

(Public): Are any of you in the office a notary?

Secretary Reeves:  Right now it’s not cost effective for us to go, either Syndie or myself to do, we actually, it’s cheaper for us to just have, pay somebody notarize a signature.

VP Kinsella:  Do you know what the cost is to get a notary?

Secretary Reeves:  It’s several hundred dollars, you know, we could go through the the schooling, you need the course that you need, supplies, and all of that, I don’t know exactly, I didn’t look into it fully but when I talked with Sally just in general about those costs it just, for something we only do for once a year.

VP Kinsella:  Go ahead

(Public):  When will the audit report be available for the public?

Secretary Reeves:  I don’t know yet, they have not given me a date, I’m guessing it’ll be, it will hopefully be next month, I’m hoping.

(Public): (Inaudible) It might be out before December?

Secretary Reeves:  Pardon me?

(Public): It might be out before December?

Secretary Reeves: Oh yeah, it will definitely be out before December.

(Public):  Thank you

Wes Barton:  I think you made a comment, I think was just an over sight, that ah, post employment insurance and the GSB..

Secretary Reeves:  Yes

Wes Barton:  45

Secretary Reeves:  That has noth

Wes Barton: that will be an adjustment

Secretary Reeves: That will be I, yeah, there have been no adjustments as of to date but there is the GASB45 postretirement benefit entry needs to be made.  I’ve been waiting for James Morda and Company did an actual valuation for us because last year we just used a tool that the auditors had provided and for $1,000 we were able to have a full evaluation done and to make it more accurate and it, the liability that we logged last year, what we, compared to last year we’ll be much lower for that.  We just got it back so that will be in your packet next month, I’ll put it on there, I have to make that entry and provide that to the auditor as well and then, so yes

Wes Barton: you talking about you’re ah investment LAIF fund, about not having to take any money out of it ah, in July-August you had some $56,000 for meter sales, (inaudible), transfers, I don’t know the exact amount for the meters, but by policy, is that supposed to be restricted?

Secretary Reeves:  We have not received those funds.  That is the waste water, because it’s so large the waste water billing, that they corrected last month, and I had to double check (inaudible)

Wes Barton:  $45,000 (inaudible)

Secretary Reeves:  Yes, yes, so that has not physically been received, its been

Wes Barton:  We have set, we being CSD, has set a new policy that we now recognize two types of meter costs.

Secretary Reeves:  Yes

Wes Barton: The Capital Expenditure, the the new meters, I think is what the policy originally referred to, and not the, the ah, re-metered, have we clarified that policy?  Is all the meter money to go into the restricted or unrestricted…

Secretary Reeves:  We, we now have two separate accounts OK?  One is the reconnection fee account, one is the capital facilities fee account, now in the past we have been using the money from the capital facilities as part of the budget because of the loan on the tank, because that tank loan increased our capacity by 2/3s, so that allowed us to, so

Wes Barton:  I’d say that’s stretching it, but that’s neither here nor there (inaudible) but that’s not my question, is the money (multiple voices) restricted fund is still the same money are we putting the money, if we do a new meter that money should go into a restricted fund.

Secretary Reeves:  Up until, like I said, that that’s what I’m saying, I’m not budgeted for the new meters at this point, is going towards the loan payment, that’s where we specified that, when we hit that amount where we finally get that paid, yes, every bit of money should be going directly into the LAIF

Wes Barton: And then the re-setup meters (inaudible) also a restricted fund or not?

Secretary Reeves:  As of this point it has not been, and that’s something that probably needs to be addressed (multiple voices, cross talk)

Secretary Reeves: Yes we have not addressed that issue

Wes Barton:  That should go along with the increase in that price.

VP Kinsella:  Charise, did you want to ask Raymond about the ah water treatment bill?

Secretary Reeves:  When we get to that item

VP Kinsella:  OK

Secretary Reeves:  We can do it at that point

VP Kinsella:  OK, any other questions from the floor?  Ruth?

Ruth:  I have a couple of questions on ahum the Treasurer’s Report, uhm,

VP Kinsella:  What page?

Ruth:  Uhm, 14, on ah, the gas, oil ah for the vehicle.  Ahum, I’ve noticed that ah, our vehicles are being used for a lot of personal use, so uhm, I just wondered if we could get that back down in any way, because uhm, they’re being used to shop at the grocery store and ah, for different things, that ah, that’s one thing, the other question is, ahm, when you did a Prop 218 ah you told us you were going to cut expenses you laid off the part time girl, ah, so that ah, and you started closing the office on Wednesday and every day at two o’clock so that you could get your work done with no interruptions.  I notice that almost every time I come over here or I call, the part time girl is here, so I’d like to know what’s happened there?

IGM Tynan:  She works about two days a week and usually it’s at the beginning of the month, towards the end of the month and beginning of the month, she helps out Syndie which is a lot of times overloaded because it’s the end of the month with billing and she does a great job, but usually the first part of the month and the end of the month she does pitch in about two days a week, with Syndie.

Secretary Reeves:  In addition Ruth we did include in the budget a little bit of her time in particular for vacations and sick time but also the board had made in their motion, was to use her as needed.  We did include in our budget a limited number of hours for her, for the year, that uhm still kept our expenses for overall personnel lower. 

IGM Tynan:  And also she only works, usually about four hours

Secretary Reeves:  She works, if she works it’s like 9:30 to 2:30, or 10:30 to 2:30, so it’s just a short walk in there in order to process payments, deal with the phone, and while Syndie  was working on availability, ah, she had to use her more so because for Syndie, that is a huge crunch time and things were changing on a daily basis, so you would have seen her in the office more in the last two months then she had been in there before.   As for the gas, ah, we use to include something in the packet regarding mileage and stuff and at some point we had stopped that, I don’t know if the board wants to go back to that or

VP Kinsella:  There’s only one place to buy gas around here except diesel, and ah, Dan was going to look into a couple of gas tanks

IGM Tynan:  Yeah, we’ve pretty much put that on hold, the fire department, and ah the gentleman had left that I was working with, and until they have a new replacement in, I really can’t work with anybody until they fill that spot.  But they totally stopped work on the fire department and there’s nobody up there right now in Mariposa that I can work with until they fill that spot.

Secretary Reeves:  Does the board want me to start putting something in here regarding fuel consumption, it was considerably higher ah this month than it has been in the past

VP Kinsella:  I’d like to see us go to a different gas station, $4 a gallon that’s pretty…

Secretary Reeves:  I don’t know if it’s usage or if its cost because, last, our costs were pretty high as far as per gallon too.

VP Kinsella:  But of course that’s me. 

Secretary Reeves:  That’s up to the board. 

VP Kinsella:  What’s the pleasure of the board, the question was asked, do you want ah mileage per vehicle?  Revert back to that?

Secretary Reeves:  Because our policy says you’re supposed to have the on call person driving with the vehicle.

VP Kinsella:  Hang on a second.  Emery?  Your thoughts?

Director Ross:  Well, it was in there, why isn’t in there any more, we made a decision to take it out, right?  It was in, and now it’s not there we probably decided to take it out.

VP Kinsella:  We did agree

Director Ross: We agreed to take it out?

VP Kinsella:  Yeah, not to put that in, of course if you want it back in, we’ll (inaudible)

Director Ross: It’s just work for them

VP Kinsella:  I think

Director Ross:  Whatever they want to do

Director Skoien:  It’s just more work

VP Kinsella:  Lew?

Director Richardson:  It’s just more work.

Director Skoien: Just ah,

VP Kinsella:  So leave it the way it is?

(Unknown):  Just ah try and regulate the personal use the best you can.

IGM Tynan:  I know some guys on the way home will stop by the market, after..

VP Kinsella: Does the on-call man have the car, ah, truck?

IGM Tynan:  Yes he does, yes.  And like I said sometimes when they get off from work, four o’clock around that time, they’ll stop by the market and get a few groceries on the way home.

VP Kinsella:  Carolyn?

Carolyn: Ahm, well I noticed on here, on the 18th, Dan’s (inaudible) 18th, the 21st, the 25th, then again on the 2nd, he purchases gas.

VP Kinsella:  What page are you talking about?

Carolyn:  Ah page 30.

VP Kinsella:  Page 30.

Carolyn:  Is that a service truck we’re talking about?

IGM Tynan:  That’s a Ford and I did make deposits, quite often or have to go to Lowes and pick up a few things at Lowes for the shop, ah I do drive a lot more, probably more than the other guys do because I have to go to job sites, each job site they’re at, so, I do drive more than the other guys do.

(Public):  Do you drive this car as your, for your personal car?

IGM Tynan:  No I do not.  No I do not.

VP Kinsella:  Just for clarification, when you see here, one here, (inaudible) fuel Dave, that was the operator of the vehicle at the time, it doesn’t mean that Dave uses that vehicle he was operating it at the time, that’s all.

(Public):  I (inaudible) counting Dave I was talking about where it says Dan, there’s

VP Kinsella:  Naw, I just wanted to point out that, if there’s any confusion, it’s the operator of the vehicle’s name that shows up there when he gets gas

(Public):  thank you

IGM Tynan:  WE all use these vehicles, you know, whoever fills it up at the time, fills it up at the time, not, it’s not personal use car, I just use that car

(Public):  I noticed on page 30 that there’s an employee that’s been reimbursed $80.99 and a hundred dollars

Secretary Reeves:  That actually was taken out of the paycheck (background talking) per the credit card policy, however, when auditors were here, ran that by them again and we have been informed, as of yesterday, that is an illegal policy.  Now when she brought it up I was told to immediately give them back those funds, all of it except 599 was given back to him.  599 was an actual personal expense that was put on his card.

IGM Tynan:  And I have pulled that person’s credit card,

Secretary Reeves:  That, that by the, that credit card policy will have to come back to the board because it has been deemed illegal.

IGM Tynan: (Inaudible) I believe I sent you an email

VP Kinsella:  Can we make that next month?  (multiple voices)  Next month?  OK.  Mark?

Director Skoien:  Well that policy never came to the board, that was something Dan..

IGM Tynan:  No, it came to the board

Director Skoien:  Yeah, it came to the board (inaudible)

Secretary Reeves:  The board approved that one

(Multiple voices)

Secretary Reeves:  One other thing I will point out because you’re asking about expenses and such, ah, Dan did reimburse the District for the cargo pants.

IGM Tynan:  (inaudible)

Secretary Reeves:  For a hundred-seventeen, that was in disclosures as well.

IGM Tynan:  And it’s not really an admission of guilt I just got (inaudible) talk about something else than pants.  (laughs)

Director Skoien:  Naw I was just, I, I don’t understand the the approval of minutes being their always a little behind, this you know their a couple of meetings behind, what that has to do with the audit?

Secretary Reeves:  Hum?

VP Kinsella:  The approval of the minutes,

Secretary Reeves:  Oh,

VP Kinsella:   what..

Secretary Reeves:  Oh,..bec

VP Kinsella:  ….impact to the auditor?

Secretary Reeves:  According to the auditor the board, approving minutes has to do with your fiduciary responsibility to the District.  You can ask her alo….she will give you in more distinct answer when she comes and does the presentation.

VP Kinsella:  Like a little more definitive answer than (multiple voices)

Secretary Reeves:  Or…

Director Skoien:  I don’t see what one has to do with the other, but..

Director Ross:  Well it’s a financial audit, (multiple voices, laughter) you have to wonder about that but

Director Skoien:  Yeah it’s financial and that, well whatever.  Ok and a couple of other questions

Secretary Reeves:  OK

Director Skoien:  I like to, this on page 13 the accumulated depreciation

Secretary Reeves:  Yes

Director Skoien:  the amount was higher, you just don’t say what the items were I was just curious.

Secretary Reeves:  Ahm, one was for Jar Testing equipment and one was, it was back in ’09, oh the computer server and during the audit as I was giving them the depreciation information I happened to notice that two items had no depreciation.  So I went and double checked and realized that when they had been installed as fixed assets there’s one little tiny box that says depreciate, yes or no.  And they had not been checked.  So ahm, fixed that and it caught up the depreciation for those two items.

Director Skoien:  Then I got one other one, on the overtime pay?  It says overtime pay for the month was due primarily to extra work needed for availability billing?

Secretary Reeves:  You’re talking about the office?

Director Skoien:  Isn’t that done every month?  Availability billing? 

Secretary Reeves:  No, the availability billing is what is submitted to the counties in August, that, we

Director Skoien: (cross talk) So it’s not something that’s done every month?

Secretary Reeves: Syndie does that once a year

Director Skoien: (inaudible) extra?

Secretary Reeves:  Once a year she has to go through, she physically has to touch each and every account for our lots

Director Skoien:  OK

Secretary Reeves:  and prepare every single thing and then of course as the realtors are changing at the last minute, they contact her and I think she was getting phone calls every day, she’d have to go back and readjust everything up until the end, because they were trying to, I would assume, that they try not to get them on the tax rolls.  So we had, she had a lot of changes and I know this is something that every year she usually puts in several full Saturdays in order to make that happen this year it was even more difficult since we did not have the extra person in the office because in the past, you know, we had other staff, full time staff there, to kind of backup and keep her up a little bit. 

Director Skoien:  OK and one on page 16  (multiple voices) Oh I’m sorry

VP Kinsella:  Go ahead (inaudible)

Director Skoien:  ah just a couple more, ah the request for action?

Secretary Reeves:  Yes

Director Skoien:  request authorization to pay legal services bill in July in the amount of $1,220?

Secretary Reeves:  Yes

Director Skoien:  Due to a directors previously questioning the content.

Secretary Reeves:  Yes on page

Director Skoien:  This is more because of questioning the content?

Secretary Reeves:  No, no, no it’s the same one but back, back on page 15 there were three different incidents where Director Keefe had contacted the attorney and Director Kinsella had questioned that and asked to bring back information.  I brought back information last time specifying the amount that was particular to to her’s as well as other director interaction

Director Skoien:  So it didn’t change it?

Secretary Reeves:  No, and that I was asked to clarify even further.  Basically was it personal or was it district related, so as you can see on page 15 it says according to counsel conversations were on procedural aspects of grand juries and he explained those procedural aspects based on his firm’s experience in Kings County involving the city and city manager.  And since it had been questioned I withheld payment until the board approved that payment.

Director Skoien:  One more

Secretary Reeves:  OK

Director Skoien:  Partly for Dan, ah, on 28 the bill to Lawson, what work, I didn’t know what they had done?

IGM Tynan:  What’s that?

Director Skoien:  The work that, the bill to Lawson 1175, eleven hundred and seventy five dollars for the backhoe, was that…  it’s on 28

IGM Tynan:  Oh Lawson’s Backhoe

Director Skoien:  Yeah

IGM Tynan:  Ah Charise, was that for the uhm that wasn’t for the dump truck was it?

Secretary Reeves:  No.  That was for sand and gravel..

IGM Tynan:  Oh sand and gravel, OK  (multiple voices)

Director Skoien:  Not hole work?

IGM Tynan:  No, no

VP Kinsella:  Are you done?

Director Skoien:  Yes

VP Kinsella:  Kathy?

Director Skoien:  For this

Kathy: I, I, just ah back to the question on part time help in the office.  I didn’t quite understand if uhm part time help do, does the district pay vacation pay for part time help and health?

Secretary Reeves:  No, they receive no benefits, two of them however, have qualified for PERS, but that was included in the original budget, I’ve always budgeted everybody for PERS, rather than because, before we never had part timers, when we added part timers I just included that as, it was such a minute amount that we just continued that, but no they do not receive sick time they do not receive vacation time, or any health benefits or anything, so.

Kathy:  Thank you

VP Kinsella:  Any other questions?  Emery?

Director Ross:  Page 36 ah Mr. Vice President, ah, for the record, Resolution 2011-4 is back in here again, it said that I voted against the budget, when in fact I made the motion, so for the record, ah I voted for it and so did the entire board.

Secretary Reeves: That will be put on the record.

Director Ross:  Thank you.

Secretary Reeves:  You’re welcome.

VP Kinsella:  Any other comments – questions? 

Secretary Reeves:  OK, so my requests are one, that we do a read and file of the September Treasurer’s report and two, authorization to pay the legal services bill for July.

VP Kinsella:  I’ll entertain a motion for that

Director Ross:  (inaudible)

VP Kinsella:  Second

Secretary Reeves:  Two different motions

Director Ross:  OK

VP Kinsella:  You want to include both motions in the same one?

Director Ross:  No, we can’t do that  (inaudible-multiple voices)

Secretary Reeves:  Have to be separate

VP Kinsella:  That’s right  (multiple voices) do it right

Director Ross:  (inaudible) exactly what she wanted (inaudible)

Secretary Reeves:  For the first one I’m requesting (Director Ross cross talk) is

VP Kinsella:  Read and file September

Secretary Reeves: Yeah

Director Ross:  OK, I’ll make a motion to read and file September

VP Kinsella:  Do I have a second?

Director Richardson:  I’ll second it

VP Kinsella:  Any comments from the floor?  Back to the board.  Call for the question, all in favor? 

ecretary Reeves:  Unanimous, carried

Director Ross:  Second motion is?

Secretary Reeves:  Request authorization to pay the legal services bill for July in the amount of $1,220.50

Director Ross:  So moved

VP Kinsella:  Second?

Director Skoien:  I’ll second it

VP Kinsella:  Mark second, questions from the floor?  Back to the board, all in favor?  Unanimous again.

Secretary Reeves:  Unanimous


Categories: Uncategorized.



NOTE: Messed up the fonts….it’s a mess, sorry.


I would like to believe the recent director resignation could be put behind us and allow your CSD to move forward in a positive direction beneficial to both the district and the majority of its customers.  Unfortunately though, in light of Thomas Porter’s personal declaration of yet another recall movement supported by former CSD president Emery Ross, such a belief may be futile.  Obstructionism, special interest advocacy, and a “give away the store” attitude must stop if this district is to address long overdue serious issues and adequately prepare for the survival of this community.    





When you access the amazing powers of your imaginary “thinking cap” and objectively look at the situation you might appreciate this resignation was only the “TIP OF THE ICEBERG” since others clearly condoned and supported the underlying activity which precipitated the resignation. 

[Audio recordings of meetings clearly document those in the audience who dismissed the seriousness of potential director misconduct perpetrated by “one of their own”.  As you know, the “hardcore” center of this group is a handful or two of people which include at least three real estate/land development business owners, their employees, those vying for more outside MIDPOU water connections, and those who support such a policy.]

[MIDPOU=Merced Irrigation District Place of Use]


Differing perspectives are normal, expected, and indeed helpful in determining what might be best for any organization yet people of good conscience should be able to disagree without being disagreeable.  I can certainly appreciate opposing views but when they are represented with incorrect information and expressed with personal attacks and spurious accusations, well, that causes me to carefully analyze what the foreseeable or expected outcomes of their proposals might be if adopted.   Thus far I have observed a consistent pattern of special interest advocacy where some sort of a benefit is conferred to a minority at the majorities’ expense.   


I can sympathize (not empathize because I have not experienced such frustration) with those who have found themselves paying more for their home/property than it is actually worth.  I have compassion for those whose only realistic financial solution is to “walk away” from their investment which typically involves abandonment of the dream of home/property ownership, a sense of permanence, and stability in a rapidly changing world.   The horrendous rippling effect of the national economy will be negatively felt in this area for many years to come.  Those of us who can survive these continuing hardships, and choose to remain in Don Pedro, must be vigilant and protect our community interests.  Safe, sustainable, and affordable drinking water is at the top of that list.


Taking the Oath of Office last December was very important to me because I was dedicating a large portion of my time to something I knew was not going to be easy.   I knew exactly who and what kind of influence was at the heart of so many difficulties facing this community.  Whatever side of the “development equation” you chose to support, please answer this:

If proposed development is truly in the public’s best interest, why would it be necessary to violate existing law, rules, and regulations specifically designed and established to protect the public from harm? 


Contrary to what others may say, I do not in any fashion advocate disconnecting current outside MIDPOU customers.  Those connections were “after the fact” made legal with a ground water substitution plan which incorporates the Ranchito Well. 

[That well must pump an equal or greater amount of water than what is used by properties outside the MIDPOU.  Since these properties cannot receive Lake McClure water, pumped ground water is comingled with lake water.  NOTE: Ground water minerals and chemicals are actually harmful to some of the equipment at our SURFACE WATER TREATMENT PLANT.] 

Although originally considered illegal connections, the corrective measure (ground water substitution) was taken in order to keep us within water license 11395 requirements.  Some of these outside MIDPOU folks have been good paying water consuming customers for many years and should not worry about that changing at all.    Others though, apparently do not financially contribute to the district and I believe this is wrong to all those that do.


With that said, I do not favor increasing the number of accounts that violate 11395 simply because the Ranchito well is available and used for existing outside MIDPOU properties.  The “ground water substitution for surface water transfers” was a quick fix to bring our CSD into compliance with the contract which quite clearly identifies where Lake McClure water can be legally used.   It is not a revolving door which allows some properties to jump out and then others to jump in as Director Ross has suggested in the past. 


Soon the Ranchito well will be evaluated for its sustainable capacity and I certainly hope it is good news.  It would be interesting to know if the millions and millions of gallons of backwash water the CSD has discharged through the years might artificially recharge the aquifer.  Wouldn’t that be a great unanticipated “recycle program”?


Another aspect of the Ranchito Well that should be considered is its “emergency use” status.  Even if the well does test out for satisfactory production, any projected reserve should be held as just that – standby for an emergency situation.  If the transmission lines from McClure intake are down for some reason the Ranchito Well could be used to fill the raw water tank to continue water treatment. 


Director Ross has clearly stated his opposition to committees.   Personally I believe this to be incorrect on a number of levels.  In addition to providing an opportunity for public involvement in the functioning of their own local government, CSD committees could play an invaluable role in helping this district proceed into the future by sharing the workload.  [It goes without saying such committees should not become “advocacy groups” dedicated to any particular third party interest, but rather represent and work towards the best interests of the entire district and ALL PAYING CUSTOMERS.]

There has not been an active committee since the beginning of this board’s administration which also contradicts CSD policy- where are the standing committees such as personnel?   NOTE: Such committees do not change policy or make regulations, but rather, investigate, research, and make recommendations to the board about a particular subject or matter.


I have questioned this “no committee” policy a number of times without success but will continue to do so with special emphasis on an MID Committee.  How can ANYONE expect to ever correct this horrible outside MIDPOU matter without communication with the Merced Irrigation District which holds the license?  A recent proposal for more commercial services in the area also hinged on this very matter and without resolution this community will continue to “limp” into the future with a patch work of contradictory decisions and policies. 


Director Ross has quite clearly stated his opinion that MID could care less about this area and that we are nothing more than an inconvenience to them.  Well, without agreeing with that entire statement, I would agree that it could be argued the Merced IRRIGATION District is likely more concerned with agricultural irrigation, power production at dams, and maintaining its facilities and infrastructure. 

Be that as it may, Lake Don Pedro does exist and we have some serious problems regarding permitted use of Lake McClure water and the best remedy involves co-operation with MID.  [Unless the LDPCSD Board obtains a majority that believes numerous unreliable ground water wells should be drilled to offset further proposed outside MIDPOU areas.  But shouldn’t such a major financial decision like that be made by all the customers who will ultimately be financially responsible for that program which would benefit an extreme minority of property owners?  NOTE:  Outside MIDPOU customers currently represent about 1% of all paying customers. 

Director Ross has apparently become a spokesman for this group which is understandable since his commercial cattle ranching business is made possible with his two outside MIDPOU water connections.   The water license (as it applies to this area) identifies only domestic water use for the residential subdivision and irrigation of a golf course as permitted uses.  How was cattle ranching considered domestic residential use?


Could it be that MID indeed has been “turned off” by previous CSD administrations which apparently turned a blind eye to the water usage restrictions in License 11395?  Have we already earned a reputation as a district that plays “fast and loose” with regulations?  How could our CSD in good faith approach MID for assistance if we continue to violate the terms of the water contract?

THINKING CAP QUIZ:  If you could be held financially responsible for breeches of a water contract by a third party, would you trust a district which had already exposed you to such risk by failing to abide by their own water contract?

YOU KNOW THE VARIATIONS OF THAT TUNE: Screw me once, shame on you.  Screw me twice, shame on me.

Sure would be nice if every property supposedly in the district were indeed within the MIDPOU and financially supporting this district. 


Why don’t those property owners who advocate the CSD venture further into the “ground water well business” just drill wells on their property for their own land development proposals?


My best to you and yours, Lew

Categories: Uncategorized.


According to Black’s Law Dictionary Nolo contendere is a Latin phrase meaning “I will not contest it”, a plea in a criminal case which has a similar legal effect as pleading guilty.   The principal difference between a plea of guilty and a plea of nolo contendere is that the latter may not be used against the defendant in a civil action based upon the same acts.  

Nolo Contendere is often used in plea bargaining where the defendant agrees to accept a lesser charge rather than risk being convicted on the much more serious charge.  [Reckless driving vs DUI (Driving Under the Influence); theft rather than burglary; providing false information vs perjury under oath, etc.]


0950hrs Thursday morning: recent speculation regarding suspected misconduct of a director serving on the Lake Don Pedro Community Services District Board appears to have been justified, indeed, confirmed.  The Honorable F. Dana Walton, Superior Court Judge of Mariposa County heard the case in the historic courthouse while District Attorney Bob Brown personally represented the People of the State of California in the matter.  

Judge Walton, following a short consultation with the District Attorney and defense attorney, accepted Keefe’s plea of nolo contendere to Penal Code Section 148.9, providing false information to a peace officer.  Keefe quietly acknowledged giving up certain rights and agreed to a $1,000 fine; two years of probation; inability to run for public office during the probation period; and resignation as a director on the LDPCSD Board.


FILE PHOTO: December 3rd, 2010 (Lt to Rt) Lew Richardson, Emery Ross, and Vicki Keefe take the Oath of Office as new LDPCSD Directors


The 2010-2011 Mariposa County Grand Jury Final Report had much to say about the LDPCSD including that it had referred information to the District Attorney’s Office.  [Grand Jury Report on home page top menu bar.]   This referral to the District Attorney came after “under oath interviews” of CSD directors Emery Ross, Vicki Keefe, Mark Skoien, Bill Kinsella and Lew Richardson and Interim General Manager Dan Tynan.  Specific details of that referral have never been made public.   The directors and IGM were also admonished by the Grand Jury not to discuss information obtained from the interview with anyone not participating.


During the same time period of a routine Grand Jury onsite inspection of the CSD, the Board was ensnarled in a matter regarding suspected misconduct of a director who had purportedly approached the Interim General Manager and advocated the termination of an employee.  NOTE: The CSD is currently involved in other wrongful termination lawsuits filed years ago that have yet to be resolved.


Then President, Emery Ross, refused to investigate the matter and was supported in that position by then Vice President Mark Skoien and Director Vicki Keefe who voted to remove the request for investigation from the February 22nd, 2011 meeting agenda.  No investigation was ever conducted by the board.  Directors Bill Kinsella and Lew Richardson objected arguing it was the Board’s responsibility to investigate under existing CSD policy and to censure the director if misconduct was confirmed. Keefe had repeatedly refused to discuss questions of whether she was the subject of a Grand Jury investigation or if billing through the CSD attorney was improperly made for personal benefit regarding criminal charges.       

Although the exact circumstances leading to Keefe’s plea bargain are not known, the following exchange at the February 22nd 2011 meeting appears strangely prophetic:   

Director Kinsella:  “If you have malfeasance and misfeasance in office, that’s a crime, and it can be investigated by the Grand Jury and a District Attorney.  The end result could be removal from office.”

President Ross:  “I doubt it.  They won’t do anything.”

Director Kinsella:  “I don’t care whether you doubt it or not, Emery.  It’s there.  The allegation was made and this board has to investigate it.  It’s that simple.”


The February 22, 2011 meeting Minutes still have yet to be approved.  Directors Ross, Skoien and Keefe previously objected to their approval believing the verbatim transcript of DIRECTOR COMMENTS did not constitute minutes.  Directors Kinsella and Richardson contend the minutes have remained unapproved because they clearly evidence the refusal to properly investigate suspected director misconduct and taking corrective action if it were confirmed.   Questions remain as to what effect unapproved meeting minutes might have on the recent CSD audit.   

Vicki Keefe’s resignation was received by the CSD office and effective this date.


My best to you and yours, Lew


Categories: Uncategorized.


BUT FIRST……The following is my personal opinion which most recognize as a reasonable conclusion since it appears on my personal blog website.    This web-log is like opening a portion of my personal journal and sharing it with the world, it’s an offering, a mere glimpse if you will, as to my research, observations, and resulting conclusions as to what is happening in this area we call Lake Don Pedro.  The old website referred to this as “LEW’S VIEW” but even that proved too difficult for some to grasp who continue to advocate I should not be allowed to express my opinion.  What?  [Can you imagine what sort of country these folks would create?]

Seems to me if ANYONE should be expressing an opinion it would be an elected public official who is charged with honestly representing the interests of others.  Why were they elected in the first place if not for their opinions on particular issues of concern? 

I was an American citizen, a Lake Don Pedro Owners’ Association member, and a Lake Don Pedro Community Services District “PAYING CUSTOMER” prior to being elected to the CSD Board of Directors.  NOWHERE did I agree to give up my Constitutional Right to Freedom of Speech.   


Remember the comedian George Carlin?  I recall a routine he had relating to how a teacher once asked him if he left his “thinking cap” at home when Carlin couldn’t answer a question in class.  Very funny how he expounded on the details of what his imaginary “thinking cap” would look like and function.   I mention this because with all the disinformation, deception and special interest influence this area has experienced for quite some time now, I believe it is long overdue for each of us to put on our own “thinking cap” and analyze some very basic information that can easily be researched and confirmed as fact.


There were a number of subjects brought up at the August 26th meeting (transcript posted) and most were self-explanatory but there are a couple I’d like to discuss and augment with MY PERSONAL OPINION.   A chronological approach seems the best way to proceed.  This single item agenda meeting [Grand Jury Report (2 hours) – Request – Response to the Grand Jury] raised a number of questions while simultaneously providing some very interesting information.  I believe this meeting quite clearly evidenced the existence of a private business concern that continues to use its corporate power in an attempt to intimidate and control duly elected public officials.     


President Vicki Keefe and Directors Emery Ross and Mark Skoien clearly wanted the Grand Jury response to be completed within the 60 day time limit as outlined by Judge Parish even though applicable codes gave the district 90 days.  This flies in the face of Director Ross pushing for a timely response.  The district had another 30 days with which to respond but these three directors wanted it done immediately.  Directors Skoien and Keefe voiced their opinions that all directors had the opportunity to contact the CSD attorney with their comments as to the drafting of the response.  This position fails to acknowledge the directors and the GM were admonished not to speak of the Grand Jury proceedings with anyone not present at that interview on May 5th, 2011 and our attorney, Raymond Carlson, was not present at that interview.   Interesting it is that reports indicate Director Emery Ross while working for the Thomas Porter recall movement made statements about what transpired during that Grand Jury interview. 


Why did these three directors ignore the extra 30 day response time? 

Why not wait for the outcome of a criminal case in the District Attorney’s Office that was initiated upon information referred by the Grand Jury which obtained oath sworn testimony of directors and the GM? 

If a criminal case is pursued, and some sort of conviction obtained against a director (court trial or plea bargain), would that necessarily result in a vacancy on the board?

The only way to insure a majority of the board would approve that prepared response would be to make sure all three directors were present for the vote and the best way to guarantee that would be to make the response before the criminal case were concluded.  

Obviously, without public information regarding this matter, and absence of a clear denial that a particular director was indeed the subject of any investigation, everything is just speculation.   Be that as it may, I suspect the SO-GOSIP (Same Old Group Of Special Interest People) already know exactly what did, and is, going to happen.  Anticipating the loss of an unquestionable supporter on the board, perhaps Thomas Porter felt a recall of Bill Kinsella and Lew Richardson (yours truly) would permit continued board majority support?

Bill Kinsella and I believe that response should have been written by those it was addressed to:  The Board of Directors.  Fortunately, there may still be time to augment that Grand Jury response with further information if the criminal case is concluded before the end of September. 


“Ah 15 years public agency, we had many of these Grand Jury inquires…”

“Now the one last time was simple they directed me and just, all it said was we’d be more professional, I mean I wrote that big deal.  It said be professional, I said we will.  That’s it.”

QUESTION:  What did you learn during your 15 years of public agency experience with the Grand Jury?  Was the Board actually conducting itself more professionally as you assured the last Grand Jury that it would?  Was the February 22 meeting conducted professionally?

“Ah, we’ve already got, I’ve been told, three at least ah Grand Jury complainants for next year, so, you know, we have plenty of time next year to play but we should get this over with now.”

QUESTION:  I have always been under the impression Grand Jury Investigations are confidential, who told Mr. Ross there were at least three more complaints for next year?  Does Mr. Ross believe such investigations are just “play” or serious evaluations?


The vote by Keefe, Ross & Skoien to remove Item “S” from the agenda was in essence a vote not to investigate suspected misconduct by a sitting director.  Due to the fact that exchange took place during DIRECTORS COMMENT, a verbatim transcript exists documenting each director’s position on the matter. 

Incidentally, these are the Minutes that have yet to be approved by the Board.  Six months overdue.  Objections by Keefe, Ross and Skoien that the “verbatim portion be removed” have prevented their normal routine approval.  They have argued the minutes should be short and concise.  I would agree with that observation, however, due to this particular subject matter – director’s following established policy, I believe the three do not want the minutes approved because the transcript quite clearly documents their failure to enforce policy while intentionally concealing misconduct.    Perhaps the cover up has become more serious than the underlying transgression? 

There may actually be another negative result from these three directors refusing to approve the Minutes.  Our independent auditor has finished the yearly audit and I understand they are required to make notations about unusual business activity (failure to approve all meeting minutes) which might negatively affect the CSD in the future. 

So as to better understand the subject, here is an excerpt of the discussion where President Keefe, Ross & Skoien removed Item S from the agenda.



Director Richardson:  “The directors who today voted to refuse to investigate apparently clear violations of CSD policies with emphasis on section 4000.504 has failed its duty to the district and rate payers and other directors on this board not involved in any inappropriate activity.  Considering…(tape change)….they admonish this organization for failing to conduct business according to our regulations, and apparently another Grand Jury is also currently interested in our operations.  I am fearful that the board action today has not only betrayed the public, but has possibly subjected it to severe criticism, if not more, for failing to assure ethical performance of all directors.  I do not know how many directors were involved with the attempted termination of employees without just cause.  We already have a wrongful termination lawsuit against us.  I think this was a very poor decision, and they’re asking for further problems.  That’s it.”

President Ross:  “Well, this Grand Jury thing from the past, I’m the person that signed it.  Wes, oh he’s gone.  Wes was the President, and then if finally came down to me.  I think that if we’re not acting professional, cause that’s what I signed and said we would do, we would be in contempt of this Grand Jury 2010 finding, and I think we should end this whatever it is, this thing.  I’m not sure what to call it.  And move on, you know, let’s move on.  I don’t know who did what.  I don’t care.”

Richardson:  “That’s the only issue.  You don’t care.”

President Ross:  “I asked Raymond.  He said it’s a free speech issue.  This person, whoever you’re talking about, is allowed to say anything they want to say.”

Director Richardson:  “Advocating the termination of the General Manager is free speech?”

President Ross:  “It wasn’t the General Manager.  I thought it was Charise?”

Director Richardson:  “No, no, going to the General Manager and advocating that someone get terminated, our attorney says is free speech?”

President Ross:  “Yes”

Director Richardson:  “Oh, I am anxious to hear that opinion.”

(Directors talking over each other.)

Director Skoien:  “But you’re saying advocated.  How do you know it wasn’t just said…”

President Ross:  “We’re really not supposed to respond to these comments, guys.”

Director Richardson:  “How do we know anything without an investigation.”

President Ross: “Bill, you’re going to make a comment?”

Director Kinsella:  “Yea.”

President Ross:  “Okay.  A Director comment?”

Director Kinsella:  “If the allegations are true, we have a misfeasance in office, and we also have a malfeasance potential.  It has to be investigated.  Let the chips fall where….Emery, don’t shake you head.”

President Ross:  “It’s outside of our scope of duty.  You’re not even gonna be covered under the errors and omissions.”

Director Kinsella:  “It doesn’t make any difference how it’s covered.”

President Ross:  “We do policy.”

Director Kinsella:  “If you have malfeasance and misfeasance in office, that’s a crime, and it can be investigated by the Grand Jury and a District Attorney.  The end result could be removal from office.”

President Ross: “I doubt it.  They won’t do anything.”

Director Kinsella:  “I don’t care whether you doubt it or not, Emery.  It’s there.  The allegation was made and this board has to investigate it.  It’s that simple.”

Director Richardson:  “Hey, you know it’s either Mark or Emery cause Vicki said she didn’t do it.”

President Ross: “Mark you got any comments?”

Director Skoien:  “Is that a statement of fact Lew that we’ll see in print?”

Director Richardson:  “Vicki said it outside in front of about five witnesses.”

Director Skoien:  “I’d love you to put that statement in print.”

President Ross:  “I didn’t say it.  I don’t know what the hell it’s about.”

Director Skoien:  “Just put it in print.”

Director Richardson:  “No, I’m just trying to figure out who’s who, and without an investigation that is exactly why you have this.  Everybody wondering who did what.  Until you have a bonifide investigation to find out what happened, everyone’s going to be suspicious.”

Director Skoien:  “Everybody knows who you think did it or who said it.”

Director Richardson:  “Vicki told me today she did not do it.”

President Ross:  “And I didn’t do it either.”

Director Richardson:  “Okay.  Emery didn’t do it.  Vicki says she didn’t do it.  You say you didn’t do it.  Bill says he didn’t do it.  I didn’t do it.  Somebody’s lying.”

President Ross:  “It’s done.”

Director Richardson:  “So you don’t want to investigate it?”

President Ross:  “No.  You know what I’m gonna tell you.  I’m gonna tell you something right now.”

Director Richardson:  “I’m gonna tell you something too.”

President Ross:  “Let me tell you something.  The problem on this board is you have three people, hear this out, that are law enforcement.  What do law enforcement guys do?  They don’t have management experience.”

Director Richardson:  “You were in law enforcement?”

President Ross:  “Yea.”

Director Richardson: “Oh, really.  Where?”

President Ross:  “Santa Cruz Metro.  Last about four years.  I have the least amount of the three.  I said that.  I was Chief of Protective Services.  All right, but I also have management experience.  I have more management experience than law enforcement.  Bill has the most.  What do you do when you get on a board?  What did Bill and I do last time when Bill brought forth, what do you call it, the same thing you’re trying to do here?”

Director Keefe:  “Censure.”

President Ross:  “Censure.  Remember, and investigation and stuff because you don’t have management experience, you revert back to law enforcement stuff.”

Director Richardson:  “You’re not following the rules.  They’re simple rules.”

Director Kinsella:  “Whenever an accusation is made, whether it is true or not, the governing body must investigate and make a finding.  I would love to come in and say it didn’t happen, but I don’t know because I didn’t investigate it, and I will not investigate it.”

President Ross:  “I’m not gonna investigate it.”

Director Keefe:  “Well, I don’t hear…You say an accusation has been made.  The only thing I read in that was you asked the question did someone approach you, did someone suggest, did they hint around?  It was really, really very vague.  Now, you’re talking.  Now wait a minute, let me say my peace.  You’re saying this is a misfeasance, and it’s this and it’s that, and you’re assuming that there’s some crime when we’re talking about there is no crime.  There has been no allegations, and I’m getting so….”

Director Richardson:  “It’s a violation.  Vicki, you put the policies on your own website.  You know what the policies are.”

Director Keefe:  “Well, yes.  Of course I do.”

Director Richardson:  “In 4000, in 4000 says a director should be sanctioned by the board.”

Director Keefe:  “If a director, in fact, went to the General Manager and said I want you to fire this person.”

Director Richardson:  “Or suggest that they be fired.  It’s not that’s director’s position, and you know that.”

Director Keefe: “Of course, it is not.  I’m not saying it isn’t, but what I’m saying is…”

Director Richardson:  “Then there should be an investigation.”

Director Keefe:  “Forget it.  It’s a dead issue.”

Director Kinsella:  “The allegation is there.  It should be investigated.”

Director Keefe:  “…gone on forever.”

Director Richardson:  “Well, how did all the people down there in Modesto say that”

Secretary Reeves:  “Emery, can you adjourn the meeting?”

Director Richardson:  “you said Charise and Syndie should be terminated?”

Secretary Reeves:  “You haven’t adjourned the meeting.”

Director Skoien:  “Those people in Modesto…”

President Ross:  “Yes, I did.  I banged it down.”

Secretary Reeves:  “No.”

President Ross:  “Adjourned.”

Secretary Reeves:  “5:08.”


When Director Skoien on August 26th is reminded of his vote in removing Item S from the agenda, which was a complete refusal to investigate the allegation of director misconduct, he does not stand by his previous vote or explain his reasoning, but rather makes a spurious personal attack against me by suggesting I was a poor investigator when I “supposedly got paid to do it”.  

Typical move right out of the SO GOSIP Play Book:  When confronted with questionable activity on your part, do not attempt to explain your behavior but immediately respond with spurious accusations and personal insults. 


Parent to child:  “Johnny, are you telling Mommy and Daddy the truth about the cookie jar?”

Child:  “Why ask me?  You’re the rotten parents.”  


A few meetings back there was an exchange between the “SO GOSIP” audience and members of the board regarding reducing the reconnection fee when Kathy Agee suggested the CSD “cut corners” to save more money.  I knew what she meant but still advised such term generally had a negative connotation implying something wrong or illegal.   I was surprised how many of the local real estate crowd immediately supported Kathy’s meaning as just doing things cheaper. 

When I think of “cutting corners” I immediately think of construction related activities where quality (perhaps even safety) is sacrificed for cost savings or expediency.   There are many examples, thin concrete, inadequate rebar, undersized beams, lighter gauge electrical wire, blahh, blahh, blahh, all sorts of things where people can chose to “cut corners” and quality suffers.   When used in regards to driving,  “cutting a corner” is like avoiding a traffic light wait by cruising through the corner gas station parking lot which I suspect the California Vehicle Code frowns upon.

I wonder what aspects of the real estate business these folks believe are amenable to a positive connotation of “cutting corners”?    Perhaps on little things like, “known disclosures?” 


First of all, you cannot take a large packet of papers and throw them up on the narrow edge of the board table and expect them to balance – they were gingerly placed there because of my second point: the massive amount of paperwork Mr. Kalvin Gile brought to the meeting certainly was not evidence.   Mr. Gile had several packets containing many pages of what he considered evidence of wrong doing by personnel regarding telephone use.  Mr. Gile while making his accusations advised board members they could only look at the material but not keep it.  WHAT?   Evidence is something to be studied and evaluated.   That wasn’t evidence but just another “dog and pony show” these folks present every once in a while.  Pop Corn should be provided for these productions. 

My understanding is that most of Gile’s “evidence” of wrongdoing by employees was incorrect and will be discussed at the next meeting.   Spurious accusations are the “bread and butter” of this group.    


Oh please.  The last thing I want to think about is Vicki Keefe.  What an absolutely absurd statement.   I admit to having trust issues with the woman but those are well earned and based solely upon her conduct and behavior.   Vicki Keefe is her own worst enemy.  


Certainly not a surprising suggestion from someone employed at Harry Alfier’s real estate office.   Such individuals do not want directors to consider what is best for all ratepayers and the district, just their special interests.      


Yes, Mr. Porter the entire country is in deep, deep trouble and the uncontrolled development in Lake Don Pedro is a perfect example of why.  When rules and regulations are intentionally violated to increase anticipated profits for a select few at the majorities’ expense, what do you expect will happen? 


The only fight at the “PROPERTY OWNERS’ ASSOCIATION” was the one Thomas Porter created because of his own embarrassment of not paying a large overdue water bill until publication of a satirical cartoon.  Of course everything is smooth at the Owners’ Association, all your people are on the board.  Those that once did all the screaming and complaining are now seated at a board that often has less than a handful of attendees.  Anyone notice last month the Pledge of Allegiance to an audience of one? 


Yes the flowers around the Hacienda are exceptionally beautiful this year and the lawn is so green and lush.   Perhaps another management company should be hired to run the Lake Don Pedro Owners’ Association?  Wouldn’t that be smooth?


Good will, yes indeed, where to start?  Vacant speculative/model homes, rampant foreclosures, short sales, decreased property values, dangerous “developer convenience roads” which do not conform to 1991 SRA (State Responsibility Area) Fire Safe Roadway Standards, etc.?  [Speaking of fire safety, what about this new FIRE FEE of $175 a year for every residence in a State Responsibility Area?  Wonder how much of that money will be spent in requiring our “Deerwood Access Roads” to meet fire codes?

I do not consider intentional misconduct of elected officials as  “little tangents that really don’t mean anything in the whole total picture”, but of course, Mr. Porter is most likely referring to his little picture of Don Pedro. 

Perhaps Mr. Porter did not realize one requires an “invitation” to attend a Grand Jury Interview.  Boy I sure wish I could make that a reality for Mr. Porter.  


“….ah Bill and Lew you should consider resigning.  If you don’t consider resigning then I personally will look into the idea of recalling the board ah,  and that’s not a threat that’s just something I do intend, and I ah, I, I want a smooth running board that will serve water and ah….”  THOMAS PORTER

Once again, a “smooth running board” equates to one that totally supports the Porter Plan for Pedro.   


There have been so many articles, discussions, and even court cases recently about the reprehensible conduct of “bullying in school” and how it can severely harm those targeted.    Guess what “little bullies” in school inevitably grow into without some form of intervention and correction?    That’s right, Big Adult Bullies.   Sometimes even multi-million dollar land development corporate bullies who push their “for profit agendas” on communities too weak, ignorant, or apathetic to defend themselves from such domination.    

HARRY ALFIER [Owner Lake Don Pedro Realty]:

“….probably not appropriate for a sitting board member to ahh, and I see Raymond’s response is basically relying on the First Amendment….”  Harry Alfier

Well Harry, factual information affecting those who financially support the CSD is in the best interest of the district and the ratepayers, and yes, as much as you and your ilk would like to further suppress the truth, the First Amendment does exist.  I am a citizen of this country, a property owner in this subdivision, and financially contribute to the support of this district and have a right to express my opinion even if it conflicts with your obvious special interest as a real estate business owner.   

Come on now Harry, it is more than just the installation fee for the water meter.  Those homes are located in the special benefit sewer zone and have not been paying their fair share of the water bill…..a thousand times less!  

“…and of course Lew decides that that’s some kind of conspiracy that all the people that live down around the golf course that they must have been somehow been in kahootz or you know, that they’ve been receiving some kind of benefit cuz we’re a special benefit because cuz it has the word golf course in it.”      Harry Alfier

You are confusing issues Mr. Alfier.  Yes, the homes around the golf course are in what is commonly referred to as a special benefit zone.  The far majority of homes in Lake Don Pedro have onsite sewage disposal systems on the property that the owner must install but the homes around the course are tied into the Lake Don Pedro Waste Water Facility.  Since they receive the service, they must pay for the water that is used in the treatment process.  What is so unfair about that?  Special benefit = special fee.  Where did I use the word conspiracy?   There you go again with those “action words” supported with nothing but your contempt for rules.  [How’s the asphalt paved Pedestrian & Equestrian Trail driveway The Deerwood Corporation constructed working out for your trailer parking?]

Harry Alfier:  “Yes, special interest all us real estate and golf course people you know we’re the scum of the Earth I guess”. 

“Scum of the Earth?”  Your characterization not mine.  Actually, my feeling is the folks tied into that system are victims in a sense.  The planned, anticipated, or promised growth needed to share the expense of that waste water facility never occurred leaving those using it with more of a financial burden to keep it operating.   If I had a home tied to the system and expected my bill to go up during these times, I’d be upset too.  I understand the situation is further complicated due to the number of foreclosures and owners not paying their property taxes.   [I recall Mr. Porter once suggesting owners refuse to pay property taxes in protest to any Prop 218 rate increase to unimproved properties, which is bewildering.  Why would anyone suggest not paying property taxes and incurring penalties and fines?  I remember Porter saying people could check the records in both counties and confirm he doesn’t pay his taxes.  Guess you might also confirm how many properties have been subject to foreclosure proceedings as well.  Didn’t sound like good business sense to me, but heck, I’m not the millionaire.]  Yes, not good news for those folks tied to the sewer system.


Our CSD nearly avoided bankruptcy.  The Prop 218 rate increase pulled our bacon out of the fire.  The board in a, what has become all too typical 3-2 decision, “rebated” over $30,000 to a small group of people complaining about notice wording.  Consider the constant pressure from this real estate group to drastically reduce the reconnection fee for delinquent “meter pulled” properties which would affect less than 1% of the customers but seriously harm the CSD’s financial situation.  Ponder the misrepresentation of facts by other directors regarding meter installations and removals for certain properties outside the water license (MIDPOU) and outside the district boundary.  Almost appears as though some people want the CSD near bankruptcy again.


The July 2011 Edition of the Foothill Express front page article “CSD finds sewer plant billing error” reported on page 9 (bottom first column):  

“Director Emery Ross worried aloud that a $21,000 bill adjustment could have “a gigantic impact” on the handful of people who would have to pay it.  He suggested the board might “arrive at some negotiated number where we don’t wipe those people out.”

Well, that $21,000 billing “error” (Actually, staff pointed out the discrepancy multiple times but supervisors did not take action, so please do not believe it was a failure with office staff) is now in the ballpark of $45,000. 

[Adjust your thinking cap] 

If someone owes you money but they suggest “negotiating a number with you”, this likely means: (Please choose only one answer)

a)     They wish to further discuss the matter with you on the telephone

b)     They want to practice guessing your weight for a part time carnival job

c)      The suggesting party is an undercover agent

d)     You will not receive all the money owed

“D” is the correct answer.   


OK Mr. Alfier, bring up the reason for the Lake Don Pedro Owners’ Association Board Recall again, doesn’t bother me one bit.  I am proud of my position on that matter and would not do anything different.      

FACTS:  Thomas Porter of the Deerwood Corporation owned the golf course (don’t know if he still does or not, last I heard it was up for sale) and had a very large outstanding water bill which Mr. Porter repeatedly refused to pay.  A satirical cartoon was sent to the Association which juxtaposed two facts:  

(1) A high school illuminated sign was donated which read:  “Don Pedro High School” and under the message area:  “Donated by Tom and Peggy Porter” encouraging the misunderstanding the entire high school had been donated, and, 

(2) an unpaid water bill owed by Porter which had been dramatically reduced down multiple times to $20,000 and change. 

Although Mr. Porter’s Grandson had offered $5,000 as a fair offer on the bill, approximately four days after publication of that cartoon, which was unanimously approved by the Board of Directors under the concept of free speech (Vicki Keefe incorrectly stated in a Letter to the Editor in the Foothill Express that some directors were unaware of the cartoon prior to publishing) Mr. Porter paid the $20,000+.  The recall process for that board started and even included “free lunches” at the golf course during the petition signing process.  

The recall was successful with the exception of Ken Kennedy who was re-elected as a write-in candidate because of a mistake in the “recall boards” lineup leaving one position open.  Ken Kennedy is no longer on the board which is now entirely composed of people who support Tom Porter and his Deerwood Corporation plan for Don Pedro.


The blossoming NEW DISCOVERER newspaper was turned back into a minimal newsletter devoid of pertinent information shaping this community because your previous board recognized and appreciated the right of free speech granted under the First Amendment.  That in itself might have been alright but that board also had the audacity to uphold the concept by permitting publication of a satirical cartoon about Thomas Porter’s activities in Lake Don Pedro. 


Has ANYONE noticed the LETTERS TO THE EDITOR section has been totally abandoned in the DISCOVERER?    Strange, the recall board used the newspaper to spread untruths and propaganda, got elected, then took away every member’s voice.   Yup, a publication that every owner must financially support will not permit legitimate letters of concern, suggestion or opinion by members.   That is not a NEW VISION as promised by this group – it is an old system of control and domination called:   censorship.   Control the press so members only receive what the “New Vision Board” decides to show them.    Who are these “little dictators” who continue to advocate a failed and dangerous plan for Don Pedro? 

Where did a member’s opportunity to comment go?  It was placed in the same “round file” (trash can) as your 17 year old protective regulations that were upheld in both Tuolumne and Mariposa County Superior Courts and abandoned by the same special interest group because rules are inconvenient.    

“…AH Bill, I believe you need to do something to straighten your life out. (Laughter)  You really do.  Every time I see, every time I see you it’s adversarial to me.”   THOMAS PORTER

Bill Kinsella needs to straighten out his life?  Oh boy, that’s a good one Mr. Porter.   Bill Kinsella wasn’t the one who purchased a non-performing golf course.  Bill Kinsella wasn’t the one who used his enormous voting block of properties to place “developer friendly directors” on the LDPOA Board, including another real estate business owner who cannot get a broker’s license due to past Department of Real Estate violations.  Bill Kinsella didn’t violate established regulations prohibiting construction of speculative/model homes.  Bill Kinsella didn’t construct a number of dangerous non-conforming developer convenience roads which are contrary to Fire Safe regulations.  Bill Kinsella didn’t run up a substantial unpaid water bill.  Bill Kinsella didn’t have to close the golf course twice.  Bill Kinsella hasn’t lost a number of properties to foreclosure.  Bill Kinsella doesn’t complain about how much money he has lost in Don Pedro.  Seems to me Mr. Porter should be straightening out his own life rather than giving such advice to Bill Kinsella.

“…gee you even went to Fresno to the appellate court….”  Thomas Porter

Poor Tom is wrong again, I know Bill Kinsella wasn’t at that court hearing because I was.  It was the same day I had a photograph of a tornado funnel in Merced posted on the online Sonora Union Democrat.   When I told Mr. Porter after the meeting that Bill Kinsella was not there but I was, Porter said it didn’t matter because “we were the same”.   (Guess he was referring to Bill and I both being honest and having integrity.)


So, Thomas Porter, president of the Deerwood Corporation; Harry Alfier owner of Lake Don Pedro Realty; and Kathy Agee a real estate agent for Lake Don Pedro Realty think Bill and I should resign from the Board of Directors?   Don’t hold your breath.      


You know, there is a lot more I’d like to comment on but I’m exhausted.  I spent the better part of yesterday mixing mortar and building a decorative rock wall and I am SORE and tired.  This second board RECALL by THOMAS PORTER AND HIS DEERWOOD CORPORATION is going to take some time to orchestrate so there will be plenty of opportunities to respond in the near future. 

Until then, pay attention, dust off your “thinking cap” and use it to seriously consider the veracity of information the Porter Group is spreading through this community.   If their plan was legitimate, lies wouldn’t be necessary.  


My Best To You And Yours, Lew 


PS:  The Mariposa Gazette has published the LDPCSD advertisement for bids on the water meter replacement project.  Check out the link below.  FIrst column, second legal notice (above CSD ad):  Is that Bill Kinsella’s name in the foreclosure notice?   Nope.  This is the second such notice (same name, different property) I’ve seen in a couple of weeks – but that’s another story.    Hummm,……People in glass houses ……


Categories: Uncategorized.


Not surprisingly I did not receive a personal invitation to Thomas Porter’s second recall movement of a duly elected Board of Directors held last Thursday (September 1st) at his Deerwood Corporation sales office complex located on Merced Falls Road.    I was, however, forwarded a copy of the original “blast email” by Heidi who just happens to be one of the three ladies recently appointed to the Lake Don Pedro Owners’ Association Board of Directors. 

Last year there was not even an LDPOA election due to the lack of candidates.  Apparently the LDPOA board simply recruited from their recall group of supporters again to fill vacancies because original members of the board with the “NEW VISION” quit because they did not attend meetings or actually intend to work for the members.  They just needed to destroy a good, honest hard working Board who were focused on the Association and its members rather than what was best for real estate and land development interests.    

Here’s what Heidi Russell, a current appointed Director on the LDPOA Board wrote:

Recall water board meeting Thursday @10:00 A M at Deerwood sales office On Merced Falls Rd.  Enough of the embarrassment of a non functioning water board , the lack of decorum, yelling, name calling, disrespect… sounds like our old LDPOA Board, well it is with Bill and Lew on the water board. Let’s get some people in who know what their doing and have respect for others and see the future of Lake Don Pedro. You can sit on your butt’s and complain or you can help change this community for the better.



Thank You



Just like in the first Porter Recall of the LDPOA Board, here’s one of the same instigators spewing disinformation for the sole purpose of fanning the flames of discontent and energizing the “rent a mob” as Emery Ross himself previously referred to that group.  A group he now evidently embraces as a potential source of votes for his dream of being a Mariposa County Supervisor.   A sitting director participating in a recall movement of fellow directors smacks of inappropriate activity, but with this group, apparently “anything goes”.   While on the subject of that particular “waking nightmare”, (Mr. Ross in a county position)  I find it to be in extremely poor taste, indeed disrespectful,  that Mr. Ross continues to bring up the District II position while current Supervisor Lyle Turpin, his family and friends are dealing with the serious consequences of that tragic ranch accident. 

Curiously, Heidi has RARELY attended CSD meetings yet makes a number of accusatory statements based on what?   What she wants to believe although personally oblivious to the facts?  What someone has told her are the facts to be repeated to a seething crowd stirred to action with other erroneous information?   Seems to me Heidi has in fact been sitting on her own butt and just complaining.  Who is she to chastise others for doing the same?


Heidi’s observations of embarrassment, a non-functioning water board, lack of decorum, yelling, name calling, and disrespect at meetings are absolutely valid.  But then, like the rest of the hard core Porte-ites”, she intentionally misrepresents those facts by attributing them to “Bill and Lew” rather than her own group which quite clearly causes such disturbances. 

[Something easily confirmed if she would “get off her butt” and bothered to attend meetings or listen to audio recordings of the same.   There is plenty of documentary evidence as to which individuals intentionally interrupt business meetings.] 

Come to think of it, Heidi was one of the, if not the most, discourteous speakers at that “Cartoon Recall” Hacienda meeting of the LDPOA as well.  (Likely a prerequisite for being one of the disinformation cheerleaders now)


Why would this individual intentionally misrepresent the facts in this way?  Who knows, but the following might be a clue. 

Heidi and her partner are close friends with Mr. Porter who provided a very nice reception, complete with use of Porter’s limo, for their domestic union ceremony at the golf course.  OK, I understand loyalty and appreciation for the kindness shown in providing such a splendid venue for your nuptial celebration but to intentionally fabricate the truth in an attempt to harm others is disingenuous at best and possibly just blind obedience at worst.     



Heidi advocates getting people in there that know what “their” doing.  Oh really?  I have worked very hard studying information concerning this district and water related issues in general.  Bill Kinsella has done the same.  I have availed myself to free online classes in order to familiarize myself with many of the related jobs and requirements of operating such a district.  Bill Kinsella has done the same.  Heidi, like the rest of the ilk for which she apparently speaks, does not want honest people with knowledge and dedication to this district and all ratepayers, she only wants people who support Thomas Porter and his plan for Pedro, which has quite obviously been an abysmal failure – not just for Porter and his land development corporation, but for the property values in Don Pedro in general.



Respect for others?  Oh please!  Nice sound bite but Heidi the hypocrite rides again.  Review the audio tapes of previous meetings (that Heidi did not attend) and then report the truth as to who was responsible for disrupting our business meetings with demands, accusations, and spurious insults to those who stand up to such inappropriate behavior.  

Playing games in the parking lot and suggesting vandalizing a director’s vehicle during a business meeting?  Oh yeah, you folks are a real class act.


My best to you and yours, Lew

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