Monthly Archives October 2011

“I’LL GET BACK TO YOU SOMEDAY”

Reading Time: 41 minutes
 
 
 
 
 
 

BAIT COMES IN MANY FORMS

 

POE MATTER INSTALLMENT OF “LEW’S VIEW”

Regarding the

REGULAR MONTHLY MEETING OF THE

LAKE DON PEDRO COMMUNITY SERVICES DISTRICT

Monday, October 17th, 2011 1300hrs

 

NOTE: Verbatim transcriptions were based on analog and digital recordings.

Here are some brief descriptions of the agenda items and pertinent verbatim transcriptions with PERSONAL OPINION INSERTS AND MAYBE SOME ATTEMPTED HUMOR CONTAINED WITHIN BRACKETS  [  ].

XXXXX

n. Request from Mrs. Poe, Michael and Theresa Terry.  Request by Mrs. Poe in response to questions raised at the September 19th, 2011 Board Meeting.

I’ll try to make this as quick as possible, I know everybody is tired.  Well, I’m trying to address some questions from last meeting, and I do apologize my son Michael Terry could not be here because the other son had an emergency situation and I said stay with your brother since I can’t be there, stay with your brother.  Ah, it may be he will be coming to the next meeting if that needs to be. 

The first page you’ll see that I talked to Elene and she sent a letter stating we have one parcel number and we have 41.43 acres and she was kind enough, which I have a lot of them that I wanted ah, an update from her, she was kind enough to send me a map it’s not as pretty as the map of last week, but it’s true and it’s truthful and it’s from the county.  She highlighted my property, I don’t know why there was some question about the BLM property, no I’ve got the map, anybody is more than willing to look at it, they can even call the county and they’ll give it to you.  She highlighted the BLM property that also surrounds our property that I don’t even know why that was an issue, but I do have a little BLM property and anybody’s more than welcome to look at this, that’s from Elene, she, I’m not going to read all of this to you, you can read it later, she says any… you’re all welcome to call to verify I have one pen number.  I do not have three.  She also on the second page stamped, ah a tax master page showing I have one PN, APN number and then concerning that BLM property the third page shows, and on 1989 we have a right of way too  from BLM to get to the back of our property and I don’t know why this wasn’t in my file with ah, the water company because if you look on the fourth page there is a letter from the commn…ah Lake Don Pedro Community Services stating they were advised by BLM that we had gotten a right of way through BLM property and they would appreciate us letting them know if at any time we were going to be digging or whatever because they might have some water lines down there so they were well aware that we had BLM property around us.  On the very last page, is a letter from 1991 when Mrs. Martin and you’re going to have to excuse me, I don’t know her by this other name, I know her by Donna Martin.  When she ended up not, reneging on her portion of the bill, we attended a meeting on January the seventh

[The information provided by Mrs. Poe regarding her ownership of one 41.43 acre parcel is immaterial to the subject matter at hand and was never questioned.  The important issue is to which of the two other property APNs (Assessor Parcel Numbers) the two meters on the POE parcel were originally registered according to CSD records.  The meters were removed based on information provided by Directors Emery Ross and Mark Skoien obtained from their individual investigations and interviews of Mrs. Poe.  A former President who resigned also provided a map of portions of the properties involved (for those of you counting, yes that was 3 out of 5 directors involved and raised a “Serial Meeting” question.)  Following my request for further information on April 23rd, 2011 Director Ross sent a May 3rd, 2001 email to directors in an attempt to clarify what he stated at the January 18th, 2011 meeting, however, that email also contained clearly incorrect information as well.  That clarification email was not sent to the Billing Office.  Ross also failed to attend the Closed Session meeting dealing with the issue the next day.]  

Board Secretary Charise Reeves: Mrs. Poe could you hold that thought for just a second (inaudible) [switching tapes for recording of meeting]…OK

Mrs. Poe:  Ready?

Secretary Reeves:  Yeah

Mrs. Poe:  We attended a meeting by the then sitting board explained that she was not going to pay her portions, which was going to end up costing us a lot of money and it did, but we did not want to be bad neighbors, like, I’ve expressed this at another meeting, what a year or two years ago when I came when she was inquiring on water, we did not want to be bad neighbors moving up here, we knew we were going to be living in a community that was our dream, and I  explained that to you, it was my husband’s dream and we didn’t want to come up here with the water company mad at us.  So we told that sitting board we will, take on the responsibility of her bill and we did. 

[Though Mrs. Poe has repeatedly stated she and her husband decided to pay the other portion of the CSD billing because “we didn’t want to come up here with the water company mad at us” perhaps the actual reason for the payment is documented in CSD correspondence to Mr. and Mrs. Poe dated July 29th, 1991: 

“The board of Directors agreed to extend a water line and to provide you and your partners with temporary water service pending your application for annexation.  Not only have you not paid in full for the line extension, but we have heard nothing regarding your annexation application.

Please provide us with the balance due on your account and the status of your annexation request no later than September 1, 1991, or it may be necessary to discontinue your water service.”  (cc: John Terry, Hank Pattison)

It would appear the discontinuing of water service may have been the overriding factor in paying the balance due, not that the water company would be “mad” at them.  Why does the letter refer to “partners” rather than “partner”?  Only Poe and Martin are stated to be involved in the extension project?]

It’s paid in full, OK?  But I said I won’t pay for her meter and I won’t pay for her box and I have some copies here of one of the many bills that we received that had Martin’s name and excludes any hookups, and excludes her meter fee.  Her name is there in black and white, Martin.  She was definitely involved in this project we had going and there, I do want to clear up one mistake that was in our little Foothill paper, they did not bore or come across my driveway to give me water they come across my driveway to give that property water, it was all OK’d by that board, uhm at that time, that’s what they were doing was giving water to that property.  My water came down Granite Springs, my line came across the road, we bored under the highway, came in, up right up to my hill on this side of my driveway – I had water.  The only reason was she wanted water and the water company went across my driveway, dug up my driveway to give her water and of course covered it back up which we had to pay for that cuz at that point she was saying oh no, I, you know, blah, blah, blah, but we took on all of that, all of that bill from that time, now when we first were starting this project the water company was well aware we were looking into digging a well.  Boy- should have stuck with that one, ah, but they, the county again years, and years and years ago sent me all these names of people because the water company at first had thought about coming off of Arbolada and going all the way down that whole ridge where I live which there’s, a electrician that lived there, ah Carol or whatever, there’s several places along there and on these Donna’s name wasn’t on there because she had bought the property but this wasn’t changed.  The county X’d off the names of some people that lived around in that facility.  One of those names was Ramona Shaw.  Ramona Shaw had, she still lives in Chatsworth and I owe her a public apology, she’s not as old as dirt, she’s a young 81 years old and still alive.  She lives in Chatsworth, my old stomping ground and she had 32.01 acres.  Now I have no clue, and God knows I would not want that woman’s name in association with my son.  I have no clue, that happened in house.

I certainly would not, and why in the world I would use another woman’s name with, I don’t know how that happened, it happened, the only thing I can explain is one time I had some papers destroyed from a water heater that broke, and I called the water company and I said could you send me some copies of da-da-da-da-da, looking in my file they said well, Mrs. Poe there’s nothing hardly in your file, huh?  No, I said well look in Donna Martin’s maybe it’s in there?  Her’s was cleaned out.  We later discovered she had a friend in the water company.  We don’t know what happened in that, something went on, something went on in that water company, at the time I didn’t think anything of it, but I had no clue that my son, their names were on with my son all these years, all these years until it came up over this and I, I don’t, I would like to know, I would like to know how did their names get on?  How? Somebody put them on there and I’m assuming it was in around 1998 from what was in the papers. 

[“A friend in the water company”?   This begs the question:  Who would benefit?  Three meters for three separate properties (as recorded in CSD records) would make sense and not raise any “warning flags”.   However, three meters registered to only one property appears contrary to normal CSD operations.  The fact all three properties are OUTSIDE the DISTRICT SERVICE BOUNDARY, OUTSIDE THE MIDPOU and not annexed as previously agreed is extremely relevant.]     

Now I don’t know, I honest to God have no clue, the bills never came Hank Pattison and Donna Martin or John Terry/Ramona Shaw.  Poor Ramona Shaw doesn’t even know her name was being used which I don’t aa..h, I mean, who would do that? 

[Good question.  Does Poe benefit from using two other property owners’ names and APNs to register two water meters located on Poe property for which they and their sons have paid monthly service charges for years?  Was Mrs. Shaw’s name and property APN used to extend the line further?]

It had to be in that Board at that time and they were very good to my husband and I at the time because of what she did, of course they were also very grateful that we were paying her bills and, but just to make a long story short, the whole thing, that board approved that line going across my driveway to deliver water that was an issue that was done years ago, it was there, I mean that was the whole purpose it was all approved.  So, I mean, I don’t know what else to try to prove to you that, I don’t know what you all have against me?  I don’t know what else to do to prove to you that I don’t have three parcels of land, I have one parcel.  I don’t know how those women’s names got on the, I don’t know.  Go ahead.

[The approval was obviously conditional.]

Director Lew Richardson:  Uhm, when did uhm your son first became involved with that other property with Shaw?  With Ramona Shaw? 

(Director Emery Ross talking in background about the matter)

Mrs. Poe:  He wasn’t involved. 

[Director Ross (inaudible- got nothing to do with it (inaudible)]

Mrs. Poe:  You’re not getting it, you’re not getting it.

(Continued background voices including Director Ross discussing matter and son’s involvement)

Director Richardson:  So you’re say he has nothing to do with that property?

Mrs. Poe:  (Multiple voices) I can’t tell you what the woman looked like.

Director Richardson:  Well, I don’t know either, I’m just trying to figure out because Ramona Shaw evidently received the property from her parents back in 1974.

Mrs. Poe:  That’s her property not me.

Director Richardson:  Right.

Mrs. Poe:  That’s her property.

Director Richardson:  So you don’t understand how you’re son’s name (Poe talking) became attached..

Mrs. Poe:  Her property, her property was way down the way from us.

(Director Ross talking in background)

Director Richardson:  Right, south of you.

Mrs. Poe:  Yeah

(Director Emery Ross still talking in background)

Mrs. Poe:  Why, how did Donna’s name get there?  At the time the woman had fought us on a lot of money (Ross still talking in background) and I’m gonna, oh let’s put her name down there.  I don’t even want to look (inaudible)

Director Richardson:  I just recently found out she has a third name.

(Ross talking in background)

Mrs. Poe:  Good, well I’m going by one.  What I’m saying is (Director Ross still talking in background) I don’t know how those names got on there.  I have no clue.

Director Richardson:  Well, I, I  think and, you know, you don’t understand how it got there I don’t know how they got there either but the fact of the matter is the records indicate that your, both of your sons names were associated with those properties, with the meters, were registered to.

(Director Ross still talking in background)

Mrs. Poe:  Wait a minute now.  Show me some documentation, show me where it says my son, you’re saying my son was involved in Ramona Shaw’s property?

Director Richardson:  Didn’t your son pay the bills for the meter?

Mrs. Poe:  OK, I’ve tried to explain that, I was so upset last week.  When we decided to go ahead and go with the water company versus digging a well, first they were going to have us come down Arbolado, then they said no you’ve got to come this way and bore under the highway.  OK.  When it came time for the meters, we were told if you’re ever going to have three dwellings and maybe at some point try to split it which we never did, you need to have three meters, we have since learned that we didn’t need three meters.  We could have all three gone off of one and shared the bill, which we’re a loving family we, we don’t have a problem with things like that, but OK, and they said oh and by the way you better get them cuz they’re going to go up next month considerably.  And the kids are coming to us, I mean, here, here we go back to the green they want their water and a house there blah, blah, blah – Mom we better get them.  We’ve always been fairly strict parents, OK?  You want them, you buy em.  They went through our billing system, but those boys had to pay us for their little meter and you’re going to pay the monthly payment, I’m not.  We’re not.  And that’s how they became, we came to the b – water company, we need the three meters but we want one in Hank’s name (PATTISON), one in John’s name (TERRY), and one in our name (POE).  Wasn’t a problem, they paid those bills faithfully, look back, they never were late, those bills have been paid faithfully for years.

Director Richardson:  OK, but why did they not investigate somebody else’s name being on their billing?

Mrs. Poe:  Well who? We never, I never knew it until I saw you got – had it.  I never knew it.

Director Richardson:  No, at the last meeting you said you never understood how Ramona Shaw, and that’s when you said she might be old as dirt and all that, how her name became associated with you son’s.

Mrs. Poe:  Exactly, sitting right there.  I sat right there and looked at the names up there and I thought, (gasp)

[Contradicts previous statements made at the September meeting – see below]

Director Richardson:  But it was on the billing too.

Mrs. Poe:  No it was not, no sir.

Director Richardson:  Alright, I believe it was.

Mrs. Poe:  No sir, you show me.

Director Richardson:  I don’t have it here right now

Mrs. Poe:  It’s my proof, it’s the truth, it’s legal

Director Richardson:  Well, OK, so, so both your sons wrote those letters correct, that director Ross brought to this board, your sons wrote those letters?

Mrs. Poe:  What letters?

[What letters?  How many are there?]

(Soft speaking in background)

Director Richardson:  The letters asking the meters to be removed?

Mrs. Poe:  Yes, they asked that that the, did you see that Ramona Shaw or Donna’s name?

Director Richardson:  No I did not.

Mrs. Poe:  Donna lives right up there in Greely Hill.

Director Richardson:  No I did not.  So you’re saying

Mrs. Poe:  Show me where

Director Richardson:  So you’re saying Ramona Shaw is still the owner of that property south of yours?

Mrs. Poe:  I don’t, I guess she is.  I know she still lives in Chatsworth.

[Did Mrs. Poe contact Mrs. Ramona Shaw?]

Director Richardson:  Hum.

Director Ross:  No it’s Martin, is, ah, Morasci is south, below you.

Mrs. Poe:  She, he

Unknown:  Directly south (inaudible)

Mrs. Poe:  She’s, I, he’s right next door to me, Ramona Shaw owns property down

Director Richardson:  Was, was

Mrs. Poe: Way down

Director Richardson: Was Mrs. Morasci, or Martin, or Madden, I understand Madden is involved too, we’re you aware she was in real estate at the time?

Mrs. Poe: No.

Director Richardson:  OK

Mrs. Poe:  We, she told us she sold log cabins. 

Director Richardson:  OK.

Mrs. Poe:  When we met her, never did meet her in person.

[There appears to be a contradiction (below).]

Director Richardson:  You’ve never seen…

Mrs. Poe: Never seen her

Director Richardson:  …Mrs. Morasci in person?

Mrs. Poe: Never seen Donna Martin, never.  If I have I didn’t know it was her.  Never have seen her. And she’s, if you ever speak to her, she’s a very pushy woman, she’s, you know, she was at me constantly about you know we need to get this done and, she was calling the water company and giving them orders and, and it was just a big thing but, no, I’ve, I, that was the first time I saw that, I, when I sat here that’s why I got so upset to see my sons’ names associated with other women when they are married and have children.

[Never met the woman with whom they agreed to split a $13,843.13 bill?  Seems rather strange.]

September 19th, 2011 meeting, Mrs. Poe stated during her presentation to the Board:

 “… She just, at a board meeting I came to, when I requested why she hadn’t paid the contractors, which was a man named Ken Nichols and the water company what was left on the water company bill, she said my name wasn’t on anything was it?  And we were left with all that to pay.  Our kids had to help us and then, you know, all this just didn’t make sense to me that, you know, it’s in place, this has been all approved years ago and ….”

”And they have her with Shaw.  I don’t know who Ramona Shaw is, she has shown up on our papers for years.  The woman’s got to be old as dirt if she’s even still alive.  So I, this is bogus.  This is bogus.”

[I am sorry but how can Mrs. Poe say she was unaware of Ramona Shaw’s name being associated with her son Terry Shaw if “she has shown up on our papers for years”?]

Director Richardson:  Well of course, yeah.

Mrs. Poe:  I mean, it was a very insulting (inaudible)

VP Kinsella: I’d get a little nervous about that

Director Richardson:  Sure

Mrs. Poe:  It was very, yeah I’m glad one of my grandkids didn’t walk in and see Dad linked up with another woman.

Director Richardson:  Yeah

Mrs. Poe: That wouldn’t have gone over.  But I, I mean, then we go on, and on, and on about this, you know, and it’s already been approved years ago, it’s, and we paid her costs.

[The approval was conditional upon the properties being annexed which they never were.]

Director Richardson:  I, I understand that and that’s really unfortunate.

Mrs. Poe:  And you know, we would have never done that, we’re not trying to jip somebody out of something, we’re not trying to, why do you think we came to that board twenty some years ago and said we’ll pay her, we’ll pay what she’s not?

[The meters would have been disconnected without the agreed payment.]

Director Richardson:  Right, but if what you’re saying is, what you’re saying is then that Shaw and the Morasci, or the Shaw property never had any water coming to it at all.

Mrs. Poe:  No, her’s is way down

Director Skoien:  Not Shaw

Director Richardson:  Not Shaw?

Director Skoien:  Not Shaw

Director Richardson: But wasn’t there three partners with your group to begin with?

Mrs. Poe:  Three partners where?

Director Richardson: With you Morasci and a third person?

Mrs. Poe:  No.  No.

[No third partner?]

Director Skoien:  It was her and her two sons.

Director Richardson:  Ahum

Director Skoien:  (inaudible)

Director Richardson:  I haven’t seen it yet, but my understanding is there are some Minutes from 1991, and I’m not sure if it was you, or somebody involved in your group, said that there were three partners involved.

Mrs. Poe:  No.

[OK, again Mrs. Poe says there was no third partner.]

Director Richardson:  So you’re unaware of any third partner?

Mrs. Poe:  Have you read the paper that the board sent me, that I received that, when I was, we were at their meeting and they sent us a letter stating they appreciated the fact that we had taken on that responsibility of paying that, that we’re looking forward to your payment.

Director Richardson:  But you’re una, you are totally unaware of a third party involved in this?

Mrs. Poe:  No, I don’t know what third party it could be.

[OK, Mrs. Poe doesn’t even know who a third party could be?  This seems to contradict Minutes from the January 7th, 1991 Meeting at 2:00PM where it states under Item 8: FOR THE GOOD OF THE COMMUNITY SERVICES DISTRICT, A:

“Mr. & Mrs. Ray Poe addressed the Board about the billing of the Amber Ridge line extension.  Originally there were three partners.  One partner has refused to pay her portion of the bill, and the Poes requested that, if they pay the entire bill, will service be denied to the other party until she pays her share.  The Board agreed with Mr. Poe and will send a letter to him guaranteeing reimbursement for others who later hook on to the line.  Mr. Poe indicated to the Board that he is getting a loan to pay the extension costs and should have payment to the District by the end of January.”

I would imagine it would be safe to assume Mrs. Martin/Morasci/Madden was the woman who did not pay her share.  Who was the other partner?  Why would three partners, each receiving a meter, divide a $13,843.13 bill for a line extension in half?  Who should have paid for the third meter that was made available by that line extension?  If Poe claims her son was the third party, why should Martin/Morasci pay for half the bill instead of a third since two family members were receiving a meter each?  Why wasn’t Mrs. Ramona Shaw paying for the meter that was registered to her property?   Did she even know a meter was registered to her property?  Was her APN just used so the paperwork would appear correct in the Billing Office and appear to justify three meters on one property?]

Director Richardson:  OK

Mrs. Poe:  How do I know?  I mean,

Director Richardson:  OK

Mrs. Poe:  You know and, and if you read on there it’s, it’s

Director Richardson:  Well see, I would look at it as the third party was the Shaw lot since there were three APNs involved, you and your husband’s

Mrs.  Poe:  OK

Director Richardson:  Morasci, Madden, Martin and then Terry/Shaw and

Mrs. Poe:  No

[Why could not the third party be the property CSD records indicate is “Terry/Shaw”, after all, a meter was registered to that APN?]

Director Richardson:  was it Pattison was associated with

Mrs. Poe:  Pattison was my oldest

Director Richardson:  no, Terry, Terry was associated with Shaw.

Mrs. Poe:  Yeah, OK, show me that paper.

[At the September meeting (above) Mrs. Poe acknowledged that Ramona Shaw’s name had been associated with their paper work for years.]

Director Richardson:  I don’t have it right here.

Mrs. Poe:  Show me

Director Richardson:  I don’t’ have it right here

Mrs. Poe:  Show me where they’re connected, connect that dot for me.

Director Richardson:  Ah ask your son to show you one of his old bills.

Mrs. Poe:  No sir.  The first thing my son would have done is got on that phone

Director Richardson:  Well that’s what I thought, that’s what I thought when I saw it, I thought well if somebody sent me a bill and it had someone else’s name on it I’d be picking up the phone and calling right away, but see, here’s the problem, if that was done, then there wouldn’t have been meter service to Shaw because the way it was set up with the three meters being in your property registered to three separate properties it made perfect sense on paperwork.  One meter one property, two meters second property, three meters third property, that makes sense.

Mrs. Poe:  There has, my son has never gotten a bill, now there might be one on record, why?  Is that to protect somebody?  Protect Donna from maybe not having to pay a standby fee?  It looks like she’s making payments on a water bill, I don’t know, but

Director Richardson:  There would be no standby required because she was paying, or somebody was paying the monthly service charge – you can’t charge an availability fee

Mrs. Poe:  But not on her meter

[A meter was registered to Donna Martin’s property but placed on Mrs. Poe parcel, just like the one registered to Ramona Shaw that was also installed on the Poe property.  How can an availability charge be made against a property without an obligation to pay?  These properties are outside MIDPOU, outside the CSD Service Boundary, and were never annexed as previously agreed.]

Director Richardson:  with a monthly service charge.  It was that lot.

Mrs. Poe:  Wait, you’re not, you’re not listening to what I’m saying.

Director Richardson:  No I’m listening, I’m not understanding

Mrs. Poe:  My son, neither one of them, has ever gotten a bill that said Terry and Shaw or Hank Pattison and Martin.  OK?  Never. 

[But that is exactly how the billing records were set up.  Mrs. Poe even admitted Shaw’s name had been on their papers for years.  Heck, even a vicinity map in the GM’s office depicts the connections with red lines drawn from the meter location to the intended properties of consumption which are both located south of Poe.   Former GM and Board Member Wes Snyder also confirmed that the meters located on the Poe property were originally installed to serve the Martin and Shaw properties.   Quite often meters are located in a more desirable or convenient location due to terrain difficulties with the actual customer service line crossing another person’s property.  (The Harry Alfier case was a perfect example of this fact.)  That is not unusual at all, but multiple meters to serve one property not subdivided?  Where else has this happened?] 

Director Richardson:  OK

Mrs. Poe:  Now if there’s one in, this is what I’m asking, if there’s one in the records in the folders, somebody put it there, why?

[I believe a possible answer to this question would involve who stood to benefit?]

Director Richardson:  Well that’s what you said earlier, you thought

Mrs. Poe:  Why?

Director Richardson:   there was com – plicit ceny with

Mrs. Poe:  Something was wrong, something’s wrong

Director Richardson:  Complicity with, with someone in the office doing something funny with the records, right?

Mrs. Poe:  Something, because we’ve never seen anything like that.  We would have corrected it immediately that’s what we, all we do.

[But correcting the name situation would have put the spotlight on to which properties the meters were actually registered.  IF THE METERS WERE originally installed using incorrect information that would have been discovered.  Simply paying the monthly service fee was the most reasonable course of action to avoid a potential investigation of the matter, that is, until Mrs. Poe became aware that Mrs. Martin/Morasci/Madden was going to sell her property to Schartz.  I can certainly understand Mrs. Poe’s anger and determination to have the meters removed because of nonpayment by Martin/Morasci/Madden but that doesn’t change how they were originally installed.]

Director Richardson:  Do you know if there’s ever been a meter on Mrs. Morasci’s property?

Mrs. Poe:  I don’t, I’ve never personally gone and looked, cuz it use to tick me off to even look at her box.

[This is peculiar because I believe human nature would dictate that if someone was forced to pay another’s bill they would likely inspect that box to observe that for which they paid?  Or did Mrs. Poe already know there was no meter as she and others stated at the September meeting and only now appears noncommittal to give Mr. Ross an easy out from his prior contradictory statements?  Did Poe already know the meters on her property were registered to Martin and Shaw, and by having them removed would force Martin/Morasci/Madden or the new owner to the CSD to obtain water and thus provide Poe with the opportunity to collect from the new owner according to the past CSD agreement to not furnish water until Mrs. Poe was paid?   That agreement also bothers me.  Why should a public agency be used to coerce payment of a party to a private contractual agreement?  Seems kind of like using our CSD as a bill collector on a private debt.]

Director Richardson:  Right well, the other meeting you said she didn’t have one.

Mrs. Poe:  As far as I know.  I, my meters were over here.

Director Richardson:  Right, if you’re facing the property to the left.

Mrs. Poe:  Ah-ha

Director Richardson:  One of them was disconnected, two of them were connected.  Where did the other pipe go to the one that was removed? 

Mrs. Poe:  What pipe?

Director Richardson:  Well you can see in the box that one meter has a pipe going to your house which is the active meter, the other one had a pipe that was severed and cut off, where did that pipe go?

Mrs. Poe:  OK, you mean where did it go?

Director Richardson:  Right

Mrs. Poe:  When we were waiting for our modular to be delivered we were in our 5th wheel and the boys ran us a line so we could flush the toilet.

Director Richardson:  Why, why would you need two lines from two meters to flush a toilet.

Mrs. Poe:  Because that line was going this way – way up to the house and the fifth wheel was way over there.

[This seems strange since the meters were all located in the same starting place so the distance or direction is immaterial.  Why not simply “T” off from the planned residential line for the 5th Wheel toilet and save pipe and use of a second meter?]

Director Richardson:  But that meter never had a service charge on it cuz it was never, never had consumption.

Mrs. Poe:  One of the meters I know had some meter on it

Director Richardson:  But you see where I’m coming from here not being privy to (inaudible)

Director Skoien:  Well she always had service charges on them right?  Her three meters

Director Richardson:  But no consumption

Director Skoien:  Yeah, OK

Director Richardson:  So how could you run a toilet with no consumption?

Mrs. Poe:  Whenever, whenever water ran through those lines

Director Skoien:  Well I don’t know about the consumption

Mrs. Poe:  that, those bills were paid.  We never had a late charge, we never had dumb charge, we never had

Director Richardson:  No, I understand you paid your bills, yeah.

Mrs. Poe:  yeah

[I have no doubt that the Poes or their sons paid their bills because failure to do so would have resulted in disconnection and removal of the meters, which again, may have produced an investigation as to how they were originally installed.]

Director Richardson:  Unfortunately it looks like on paperwork the bill paying was going to three separate properties.

Mrs. Poe:  No, it was not going to, stop it, it’s not three separate properties.  Three different people in a family.

[OK, then why weren’t the three meters registered to that one family APN where the “family subdivision” was to take place?  Again, was Poe’s son John Terry the other third original party associated with the Shaw property?]

Director Richardson:  No I understand what you’re saying but there’s absolutely no documentation to that affect.

Mrs. Poe:  Oh yes there is, there was twenty years of bills.  There’s twenty years of bills

Director Richardson:  With your APN number on those meters?  No, I don’t believe so.  There are three separate APN numbers

[Again, I do not doubt for a second those bills were paid because if they WERE NOT the meters would have been pulled just as it was suggested in the CSD payment request for the extension and annexation follow-up. They would have lost water service because Outside MIDPOU (Outside Merced Irrigation District Place of Use restrictions) properties are not charged an availability fee – they are not entitled to Lake McClure water and have no obligation to pay availability charges.]

Mrs. Poe:  No there’s not, show me, show me

Director Richardson:  I told you I don’t have it, you should have asked me that last meeting when I was up there at the map I had them.  (MRs. Poe talking in background)

Mrs. Poe:  (inaudible) and I want to know who, I want to know who, if I have to get a lawyer, who put those numbers on there without our permission?

[A possible clue to the answer might involve who had the meters installed and why?  Who would benefit from “misinformation in the files” to obtain those meters?]

Director Richardson:  Well I’d like to know too.  Well I would think it would be the people that had something to gain which would be water connection to properties that were outside MIDPOU, would be my first, would be my first guess, and the fact that maybe a realtor was involved using three different names might be another clue.

[Basic question: Who stood something to gain?]

Mrs. Poe: But why did it never show up on our bill or something?

Director Richardson:  Because there were three separate properties.

Mrs. Poe:  And why would she use Mrs. Shaw’s name?

[I have no idea whether Martin/Morasci/Madden, Mrs. or Mr. Poe, Mrs. Poe’s sons (John Terry, Michael Terry or Hank Pattison) or someone in the CSD office (or all of them) were responsible for misusing someone else’s APN to facilitate the meter installations.] 

Director Richardson:  Maybe because she’s out of the area, and didn’t know what was going on

Mrs. Poe:  All I know is

Director Richardson:   I don’t know, I agree with you, I agree with you 100% there needs to be an investigation, I agree.

[There are still people in the area who know the facts of this situation and Wes Snyder is one of them.]

Mrs. Poe:  All I know is we are an honest family, we’re not trying to screw anybody out of anything

Director Richardson:  Right

Mrs. Poe:  We did the right thing, we paid a woman’s bill that we shouldn’t, I wish now we hadn’t.

[But that action would certainly have resulted in the meters being removed by CSD long ago.]

Director Richardson:  I don’t know why you would agree to go into business with someone you’ve never even met?

[I still have a problem with this information.  Reminds me of another curious point, why would ANYONE purchase property for a considerable sum of money without confirming they could even get water?  Just doesn’t make sense.]

Mrs. Poe:  Because, well we didn’t, we, because, like I said at the other board meeting, we just are, thought everybody was as honest as we are.

Director Richardson:  Well that’s a dangerous thing to think.

Mrs. Poe:  Yes it is, it is sad.

Director Richardson:  Yes it is

Mrs. Poe:  It’s a sad thing and I don’t know who put those names, they never came in the bill, nothing.  That was like all a secret from us, boy.  I don’t get it.

[Bills are generated from the information contained in the office records.]

Director Richardson:  It’s amazing that you paid standby fees for all those years and not use those meters.

Mrs. Poe:  We didn’t pay a standby fee

Director Richardson:  I mean a monthly service charge, excuse me.

Mrs. Poe:  We, we called once and asked them if they could disconnect them and we were told no.

[Why would you accept “NO” for an answer?  You said the family had abandoned the idea of subdividing your 41.43 acre parcel and your husband’s medication was very expensive, why continue to pay the monthly service fee?  Did the CSD refuse to disconnect because the water service was an “exception to the rule” to begin with?  Or that the annexation never took place?  How would CSD bill an availability charge to an Outside MIDPOU which has no obligation to pay for water they cannot obtain?  Were the requests to pull the meters presented by Directors Ross and Skoien in January the result of Mrs. Poe becoming aware that the Martin/Morasci property was to be sold and she would lose her opportunity to be reimbursed for the line extension? (The meter registered to the Martin property could have easily been relocated to the Martin water box.)]

VP Kinsella:  OK times, OK, times up.

Director Skoien:  Lew I’m sure you’ve seen this, this is one bill on, I think it’s ninety, I can’t tell it’s dark

Director Richardson:  Is that from Mr. Nichols?

Director Skoien:  No, no, it’s for her and it’s

Director Richardson:  From Mr. Nichols?

Director Skoien:  Huh? 

Director Richardson:  Is it from Mr. Nichols?

Director Skoien:  No, it’s our bill, from our CSD

VP Kinsella:  Thank you Mrs. Poe

Director Richardson:  Oh, oh OK

Director Skoien:  What we billed them, and it states a bunch of stuff and it’s twenty-nine hundred dollars, sixty eight to her, and then it says, for Martin about the same amount of money, and it says Martin service hookup excludes meter fee.  Now this was all in that packet that I was asking about the last time and I actually called you at home and left you a message but you never called me back.

[Honestly, I am not comfortable talking on the phone with directors who have misrepresented the facts of this situation from the beginning, besides, there’s the issue of a potential serial meeting – Brown Act violation.]

Director Richardson:  No, no I

Director Skoien:  That I had found this because

Director Richardson:  Did you listen to the tape of the January meeting also where you said there was a meter on the Morasci

Director Skoien:  Ah no I didn’t, I didn’t listen to it, I figured you would but

Director Richardson:  You know I did

Director Skoien:  No, I

Director Richardson:  No I understand, you’re saying you meant only a meter box

Director Skoien:  Exactly

Director Richardson:  No I understand that

Director Skoien:  and when I said hookup, no meter

Director Richardson:  Yeah but there is a pressurized line to the box

Director Skoien:  Yes, yeah, a meter could go in there right, but yeah, that’s one of the things that I was going to ask you, the other was I found this stuff and I did misspoke, or misspeak or whatever you want, cuz I

Director Richardson:  And I didn’t, I didn’t jump up and call you a liar did I?

Director Skoien:  Ah, yeah you did

Director Richardson:  No I said you misrepresented it

Director Skoien:  Well let’s just say you didn’t vapor lock as much as you did earlier today in that room

[This “vapor lock” comment refers to the Closed Session meeting.] 

Director Richardson:  yeah, vapor lock, yeah.  Well that’s the difference between you and I, I won’t call you a liar in public, you know, and I’ve never called you liar at all

Director Skoien:  OK let me, let me finish my point

VP Kinsella:  Get back to the issue

Director Skoien:  For the record, you make it hard to apologize, for the record, I did misspeak because where I got this, the married thing from was also in that packet

[OK, you misspoke about confirming Emery’s story there was a meter on the Martin/Morasci property and now you apologize for also accusing me of stating one of Poe’s sons was married to one of the property owners who had a meter registered to their property.  OK, fine.  Better slow down and get your facts straight before accusing someone in an open meeting.]

Director Richardson:  Right

Director Skoien:  and it says Hank Pattison, parentheses Donna Morasci/Martin wife

Mrs. Poe:  (inaudible) who did that?

Director Skoien:  and it says Syndie Marchesiello utility billing, but that’s what I had read and by reading it, and I’ll tell you, I get confused reading all this crap sometimes, the agendas, and

Secretary Reeves:  Let me know when your For The Record Stops

Director Skoien:  no, no I, the For the Record is still on because

VP Kinsella:  You’ve got to change the tape right?

Secretary Reeves:  No

Director Skoien:  I con, I confused where I read it, sometimes actual information that comes in our Board Packet Lew does post on the blog, you know, he’s not creating it, he may post it, and I was wrong where I had read this, that’s all I’m saying for the record.

Director Richardson:  Well I appreciate that, thank you

Director Skoien:  But this came out of this office, and this bill also came out of this office and what I might say just on top of it doesn’t solve anything but this CSD was very, very negligent I think way back in the day because this should have been legally billed to separate people, not let this lady take care of it, it should have billed

[Negligence of the CSD or intentional deception to gain water connections to Outside MIDPOU properties without confirmation of the information provided?  Seems everyone else is subject to accusations of wrongdoing except the people who clearly stood something to gain.  The Billing Officer only reported what was contained in the files.]

Director Richardson:  That’s assuming one story is believed over another which could possibly be

Director Skoien:  About the tunneling?

Director Richardson: No, no,no, the tunneling I understand,

Director Skoien:  that’s the billing I’m talking about

Director Richardson:  but, but what I agreed with Mrs. Poe about is a definite serious investigation needs to take place here especially with the possibility that there was inside maneuvers within the CSD.

[The SO GOSIP just want everything to be “water under the bridge”, forget about the past, ignore glaring contradictions regarding how and why those meters were installed; just go along with the program presented by Ross & Skoien and give everyone what they want, whether entitled or not.   Everyone seems to forget those properties were never annexed as agreed and required.  How could Ramona Shaw even know she was supposed to annex if monthly service bills were sent to and paid by Poe’s son instead?  How could that property be annexed without the property owner’s knowledge?  It could not.]

Director Skoien:  But that’s all on Morasci

Director Richardson:  Morasci I believe is the way to

Director Skoien:  OK, Morasci

Director Richardson:  but it also involves Shaw because (multiple voices) the two meters were registered to the other

VP Kinsella: OK, what else, hold it, hold it, Charise?

Secretary Reeves:  I just want to make one comment because Mark as referred to as Marchesiello, everything that has been presented by staff is what was found in files, all of this occurred prior to

Director Skoien:  I was just reading what was on this paper

Secretary Reeves:  any, any of us being here

Director Skoien:  Right, right absolutely

Secretary Reeves:  So, in reference to an investigation of going back to figure out what happened, you have nothing because there are no staff members here that were here at that time

[There were employees at that time who could still be contacted to substantiate our CSD records.  But yes, that list with time, is growing increasingly shorter.  This is another reason the SO GOSIP hate this website —-documentation as to past statements and actions of disingenuous individuals.]

Director Ross:  Or board members

[Recall that it was Wes Barton who first asked if the two meters installed were related to the Poe matter and Ross stated they definitely were not?]

Secretary Reeves:  Or board members, very true, I just want that absolutely clear because Ms. Marchesiello brought what was in the files, she did not create it, she did not do it, she provided what was there and that’s as much as this staff can do.

[Same old story.  Always want to blame someone else or “shoot the messenger” who provides unpleasant or contradictory information.]

Director Richardson:  Right

Mrs. Poe:  Just real quick

VP Kinsella:  OK, one last comment, go ahead

Mrs. Poe:  Ahum, Charise anything that’s on file of those, of the bills I had to bring at that meeting that was a couple of years ago whenever it was, those bills came from me bringing them, they couldn’t tell me what happened to a lot of my files, and stuff, luckily I had this in a different box.  I mean what I do have today.  So, I mean, I just don’t understand why that once that was approved and all that we went through, that that property had water if nothing else under the grandfather law.

[If this were all a simple mistake that would be one thing, but wrongful behavior – even if committed twenty years ago, should not be rewarded.  Everything about this matter seems inappropriate right up to the fact that then Board President Emery Ross was deeply involved in this case and has been clearly linked to some highly suspicious activity.]

VP Kinsella:  OK

Mrs. Poe:  So,

VP Kinsella:  We’ll have to be doing a little more checking on this thing.

Director Richardson:  Can we take a break or something?

VP Kinsella:  Yeah, let’s take a ten minute break.

Wes Barton:  Ok, before you do, go to break can I say something?

Director Skoien:  Yeah that will makes us really, that will make us really want a break

Wes Barton:  Mrs. Poe I would appreciate your staying for (inaudible)  I’ll make it short,

Mrs. Poe:  OK (inaudible)

Wes Barton:  Ah you challenged me earlier Lew about what do you do to solve problems, OK?  One of my favorite authors is a guy by the name of Steven Cubby he had seven habits.  Hopefully some of you have read it, one of his habits was start with the end in mind, OK?  We’ve got a guy here that wants to buy property, he wants to get a hookup, he wants to get water and was related to the Poe poll, the Poe property so we need to start at that point.  We’ve got a new customer.  Then we need to say OK, what do we have to do to get the water there?  OK?  It doesn’t mean argue over fifty years ago

[Sorry Mr. Barton but I think you are starting off with the wrong premise, we do not have a new customer, we had a potential new customer but the meter registered to his property that was paid for and installed by the Poes, was also removed by the Poes.  The property is OUTSIDE THE DISTRICT, OUTSIDE MIDPOU, AND WAS NEVER ANNEXED AS ORIGINALLY AGREED.  I believe Mr. Schartz stated he had already purchased the property with the impression he could receive water from the CSD.  His understanding of the water situation is a buyer-seller disclosure matter that should have been made perfectly clear to him PRIOR TO PURCHASING THE PROPERTY.]

Director Skoien:  It means take a meter there and hook it up  

Mrs. Poe:  Amen

[Naturally Poe would be happy with such action because the new owner will pay what the previous owner owed Mrs. Poe (gosh, isn’t this exactly what the people demanding refund of their reconnection fees say is wrong?  Making a new owner pay for the debts of the prior owner?) and the new owner would be happy because he can get CSD water to an outside MIDPOU property even though it further taxes our only ground well used for surface water transfers required by MID.  That’s another issue all together.  Some of the same people who advocate expanding use of the Ranchito Well to provide water service outside the MIDPOU have commented that the Ranchito Well test (to determine capacity) may have lowered the water table which could make the CSD liable for damages.  GOOD GRIEF!  NO MATTER WHAT IS DONE – THERE WILL ALWAYS BE COMPLAINTS AND THREATS FROM THIS GROUP!]

Wes Barton:  it means what do we have to do, it means what do we have to get there, OK?  And then take it back the next step if you have to, what do we have to do to solve that problem?  What do we have to do to solve that problem?  Within four or five steps we’re going to have these people with water.  Is it going to solve the problems we got here on this board?  No.  But let me throw something at you, in my being involved with this board OK?  We’ve given away money because of bad contracts with Deerwood, ah we were talking about today giving away money because of bad contracts with the county, so unless we’re talking about forty-fifty thousand dollars OK?  If we have to write off something that was way back when to solve the problems that we’ve got in this district, to get the water in there, OK?  I’d say let’s get the water in there and figure out all this other stuff in house and decide if we have to write some of it off whatever, but let’s let’s take a look at what’s what’s really important in this whole thing and that is get the water in there and then we’ll solve the problems and go through the investigation afterwards.

[Do I understand correctly?  The principle of the matter is subordinate to the amount of money lost?  Whether $40,000-$50,000 or something lessor or greater, a principle, a rule or policy should trump the monetary value at stake.  Turn our heads to ethics and regulations when convenient or easy to facilitate an easy solution? How can you reward possible wrongful activity then go back and investigate later?  You cannot un-ring a bell or stuff a Genie back in the bottle.]

VP Kinsella:  OK, ten minute break.

Secretary Reeves:  OK, at 4:44.

[Short discussion by Director Ross of email by Dan Tynan regarding updating policies]

Back on record 4:55

Item o. Information concerning Poe meter removal.

  Request by Director Richardson regarding statements by Directors about the existence of a meter on the Morasci property adjacent to Poe’s property.
 
 
 
 
 
 
 
 
 
 

 

Director Richardson:  Yeah, just a couple of things, ah Director Ross how did you come into possession of the letters? 

[Why would the then Board President be personally handling “evidence” regarding this matter?  Why were those letters not mailed to the CSD Billing office in an envelope with a postmark?  Ross was advised on Friday January 14th, 2011 the two meters he wanted removed from the Poe property required such a request from the property owners, yet instead, he presented at the January 18th meeting two letters from Mrs. Poe’s sons John Terry and Hank Pattison dated January 14th requesting meter removals from certain accounts – not the registered property owner.] 

Director Ross:  I’ll wait till you finish OK?  Cuz this is not a cross examination or like a deposition, you, you (inaudible) your questions out and then I’ll answer when you’re done.

[Director Ross is absolutely correct.  He is not required to answer my questions or any ratepayer’s questions for that matter.  If he chooses not to explain his contradictory statements, personal involvement, or peculiar behavior regarding this, and other matters, that is his personal decision but he should not be surprised that such a refusal by an elected public official, trusted to represent the interests of others, will only generate more legitimate questions.] 

Director Richardson:  OK, well

Director Ross:  When you’re all done I’ll try to make notes

Director Richardson:  OK well then, then my statements

Director Ross:  I’ll try to remember what you say

Director Richardson:  Well I’ll tell you what let’s do this For the Record, and I’ll get you a copy of it

Secretary Reeves:  OK

Director Richardson:  of everything said.  Ah regarding the Poe investigation as you entitled your May 3rd email which was sent to all directors and not to the billing office, that was one of my questions, why it wasn’t sent to the billing office?  Ah, I also question why an investigation was conducted by you when only three months earlier you stated that directors were not to ever investigate.  Ahum, that the clarification email contains a number of errors, and again I’m curious of how you came into possession of two letters allegedly written by Mrs. Poe’s two sons to have the meters removed, why they weren’t just mailed into the office?  Ahum, and why it was never clearly brought up until a request for information regarding the statements of January 18th that Marin and Morasci were in fact the same people and evidently, if you can believe Google and a Department of Real Estate License Check she also goes by Donna Madden and has a ah, cease and desist order for doing business in real estate.

Director Skoien:  M-A-D-D-E-N Lew?

Director Richardson:  Yes, M-A-D-D-E-N, all first names of Donna, and I don’t know why the, the investigation and subsequent email would even be necessary since you stated you were very familiar with Donna Morasci and who she was involved with.  Let’s see, and I’m particularly concerned that Director Ross is the only person that has ever seen a meter on the Morasci and Shaw property when there are no records of it ever being installed or existing and why photographs were taken of the three meters on the Poe property and not one of the meter on Morasci’s property.  Ah, the other question I had you’ve already cleared up Director Skoien, that it was a mistake, you didn’t mean to say meter you meant to say meter box, but regardless, where you stated that I had misunderstood something, I didn’t misunderstand anything I heard you quite clearly, what you said you misstated

[Why is it that Emery Ross seems to be the only person to have seen that Magical Mystery Meter and is so personally involved in this matter?]

Director Skoien:  Yeah I said I misspoke

Director Richardson:  Yeah and so that’s no problem, that’s no problem

Secretary Reeves:  We’re still in the middle of For the Record so,

Director Skoien:  OK

Director Richardson:  Ahum

Director Skoien:  I’m with ya

Director Richardson:  The information that Mrs. Poe shared today is extremely relevant and important if it means that any records in our office have been tampered with to someone’s benefit or not, and my biggest question I guess would be, if you observed a meter on Morasci’s and Shaw’s property and then later discovered them to be missing, why a utility of CSD equipment wasn’t reported to the Sheriff’s office?  That’s it.

[There’s a big boo-boo on my part…..left out the word theft after utility!  Well, never been much of a public speaker, but the question remains.   According to Ross a meter was there, then it was gone and he was surprised.  WHY DIDN’T HE REPORT A UTILITY EQUIPMENT THEFT?]  

Director Ross:  That it?

Director Richardson:  That’s it.

Director Ross:  OK, thanks.  I’ll get back to you someday.

[Now there’s a mature answer to some serious questions that doesn’t instill much confidence in his integrity.  Sure won’t be holding my breath for his answers.  Every director on this board represents the customers of this district and has a duty to fairly and honestly perform their job.  It is extremely frustrating to attend these “Gladiator Pit Meetings” only to face the SO GOSIP and their spurious accusations and complaints.  Naturally I realize there are hundreds and hundreds of customers too busy with their own lives in this struggling economy to attend meetings, OK, but I also believe that makes it even more imperative that those individuals elected to such positions do a COMPETENT JOB OF REPRESENTING THOSE WHO ARE NOT INFORMED OR INVOLVED.  Maybe Emery Ross can be a smart-ass and refuse to answer relevant questions now, but hopefully someday a  proper authority with jurisdiction will be able to “Crack that Nut”, but until then, I will keep asking legitimate questions whether answered or not.]

 I’ll tell you about that meter though, OK?  The meter, ah, I was driving along, I said to Betsie let’s check this meter out, and this was long before all this stuff started.  I stopped, had a small flashlight, we’re in I think my truck, go on over open the box up saw what I thought was one of those old rectangular meters.  So I said you know what there’s a meter in there, that’s weird there’s not supposed be a meter because we only knew there was three, up there, OK? 

[OK.  Got it.  I was curious as to how Mr. Ross would logically explain contradictory statements as to whether he did or did not observe a water meter on the Martin property (not to mention the Shaw property.)  Does this sound remotely reasonable to you?  …..  Just driving around one night and suddenly having the inexplicable urge to look into someone else’s water box just to see what was in there?  Seriously, I wonder, since “this was long before all this stuff started”, how many other meter boxes has Emery inspected at night?  Has, or will he, be inspecting YOURS?  Good grief.

OK in keeping with the Halloween spirit, submitted for your approval is a little Halloween story.  Don’t be too afraid…… 

(Imagine creepy music playing in the background) …..Could Emery Ross be responsible for the numerous reports of a “dim flickering light” in isolated areas around these rough and rugged foothills?  Could this explain the jingle jangle ring of All Terrain Vehicle Tire Spurs (ATVTS) through the dense under brush, tall grass while creeping Oak tree shadows move by a pale moonlight?  A twig snaps!  A coyote howls and an Owl glides past a foreclosed home.  A Scorpion rests on a rock during an evening prowl for food and a Tarantula’s legs pick their way over a cowboy boot.  OH!  The excitement of it all!  Could he be, dare I say – THE PHANTOM BOX INSPECTOR?

Can you imagine the courage and dedication it must take to perform such nighttime meter box inspections when the elusive “Rancho Santa Teresa Monster” lurks in that very area?  In a June 2007 Foothill Express article entitled “Eyewitnesses describe very large, very hairy animals” Emery Ross in his own words describes the horrifying experience with the creature that bears his ranch name: 

“Very late on a moonless night, while checking on a cow we call Cleo, who had just had a calf, I encountered a very large, hairy, light gray animal.  The animal came within 12 inches of me and the ATV I was on, so it was easy to determine its size.  The animal was 40 inches tall and about the length of a Honda Foreman ATV or about seven feet long.  When the animal walked, it had a very smooth, almost floating gait.  I saw this animal two months ago and was surprised when the Foothill Express got a call from someone else who saw it recently.  It was sighted three miles from where I saw it.”

http://www.foothillexpress.com/columns/ranching/2007/0607-ranching.html

Only 12 INCHES away?  Could it have been sitting in his lap undetected?

WHAT’S MY COVERAGE DOC?

I do wonder however if SDRMA (Special District Risk Management Authority) would cover a director’s injuries resulting from a monster attack while out meter box inspecting at night?

What about a Rattlesnake bite, or a fall down one of those roadway cliffs?  How about a lead pellet in the posterior from an angry or frightened property owner?  Fortunately, he was accompanied by his wife, witness, and lookout, but still the thought of meeting up with that monster conjures all sort of horrible images and a short Halloween news report ……..

LATE BREAKING KLCR NEWS…….Government officials in Lake Don Pedro California are baffled with the recent unearthed remnants of a cowboy costume discovered near the scene of an apparent violent attack.  An unconfirmed Federal Wildlife spokesman described the scene as “gruesome” and that “an obvious violent struggle had taken place”.    Other unconfirmed sources report tattered pieces of a blue rhinestone incrusted embroidered western shirt, chunks of a large black Stetson hat, and fragments of a hand stitched “wild rag” were strewn about the grisly scene.  Forensic wildlife experts quickly ruled out a Bear or large cat attack but reluctantly commented “the responsible species is unknown at this time”.  Extensive evidence was collected at the location for later laboratory analysis along with detailed photographs of what appeared to be a fresh and very large footprint in moist soil near a leaking water connection a short distance away.   Officials refused to speculate on when the attack might have occurred.  An unidentified source relayed that a scratched message in the rock hard Don Pedro soil was possibly a final clue left by the, as of yet unknown, victim who used the broken piece of a silver spur to carve the words:  “I found it”.  

NOW BACK TO THE MAGICAL MYSTERY METER TOUR]

So I came home and I said look up the outside place of use and so, they’re all numbers, so I said no you’ve got to go back and look for names, so we went back and looked at names and I said you know what?  There’s no, there’s no, there’s no record of her having a meter, it was long before you even came into the picture and so then I, I think I asked Charise, I think at another meeting I said is she on availability or is she on standby?  And I said that three times, in three meetings and Charise never answered, but over here, I can tell you this that in Syndie’s memo she states exactly what I state here she says there’s a meter, if I can find it here, ah let’s see, ah, where is that, see if I can find it in this memo from Syndie, let’s see, the adjoining lots have not been paying availability, which is dated five-eleven, that answered my question that I keep asking, Syndie said that, because they have meters attached to them.  That’s all I have to say.  You figure it out.  Syndie’s, Syndie’s records not mine.  Syndie’s memo and the other three meters belong to her, they’re her meters, they’re not Morasci’s, she said that property, Syndie’s letter, that they haven’t been paying availability cuz they got a meter.

[Got a better idea — why don’t you explain what you’re doing?  And here’s a big clue:  The two meters on the Poe property were registered to two other parcels south of the Poe property – that’s why the two properties to the south were not paying an availability fee because according to the records they were already paying a monthly service fee for the meters registered to those properties.  Besides how can CSD charge an availability fee to an Outside MID Place of Use Property that has no legal obligation to pay such?] 

Secretary Reeves:  I’ll, can I respond to that one? 

VP Kinsella:  Sure

Secretary Reeves:  I’m going to clarify and take a stab at this, but that would probably be because in our Springbrook system when Syndie looked at it, it was listed witih

Director Ross (interrupting):  I’m not saying anything about Syndie, I’m just reading (inaudible)

Secretary Reeves:  the APNs of Morasci, Pattison is how it was, and Shaw and

Director Ross:  But it confirms the fact that I

Secretary Reeves:  that’s why she would say, no they have meters because in our system they had them under the other two APNs

Director Ross:  Well whatever, it says here they had meters so they didn’t pay availability, so they weren’t paying availability that means that that lot must have had a meter, because why aren’t they paying availability, those meters belong to her, they don’t belong to Morasci or Shaw

[Records to Emery, Records to Emery, come in Emery……… Records to Emery, can you hear me Major Ross?  Can you hear us Major Ross?    Urgent message from Earth Command reads as follows:

The two meters for which Mrs. Poe’s sons (Hank Pattison and John Terry) were paying monthly service charges for years were registered to other properties owned by Mrs. Martin and Mrs. Shaw due south of the Poe property.]

Director Richardson:  Mrs. Poe’s sons were paying the monthly service charge

Director Ross:  Yeah, well I don’t

Director Richardson:  Right, but they were registered to the two other properties

Director Ross:  Yeah,

Director Richardson:  Right, that’s what we’ve been saying

Director Skoien:  That’s what the APNs saying, she says no

[STOP THE INSANITY!  WHAT MAKES MORE COMMON SENSE?]

Secretary Reeves:  That’s what he’s been saying

Director Richardson:  Right, when has CSD ever installed multiple meters on a lot that hasn’t been subdivided?

Director Ross:  She was

Director Skoien:  Well, back then, when they say

Director Richardson:  I haven’t found one example

Director Skoien:  Listen, listen, hear me out Lew, back then when you think what would happen under the highway could have happened like then now?  And all that work to get it under there, we want to sell you water just like you know, I know Wes Synder went all around and we’ll give you water, yeah, yeah, yeah well that’s three meters.  Sell, sell, sell

Director Richardson:  I know, but not for one property, there were three properties

Director Skoien:  Yeah but back then, back then,

Director Richardson:  There are three properties not one.

Director Skoien:  No, no, back then who knows?

Secretary Reeves:  We don’t know

Director Ross:  I know of a lot, it’s just like parcel that has seven meters, has seven meters and it’s not subdivided, he has a guarantee, the Sturtevent property has a guarantee of seven meters, he’s, and and there’s a record

Secretary Reeves:  I’m going to guess that was a special deal because we have a tank

Director Ross:  Yeah, because of the tank

Director Skoien:  Yeah

Director Ross:  So he has seven meters and it is not subdivided.

Director Skoien:  So who knows what went on back then?

[That’s precisely why records are maintained — to keep track of what happened in the past.]

Director Richardson:  Well we’re going to have to find out.

Director Ross:  That was in exchange for giving him an acre for the, for the tank, which serves his house.

[The guarantee of supplying seven water meters as part of a deal to obtain an acre of land upon which to construct a large water tank is a considerably different fact pattern than three meters on one parcel with one registered to a consuming property and the other two registered to neighboring unimproved lots which are Outside MIDPOU, outside the District Service Boundary and were never annexed as originally agreed.  Apples and oranges.]   

Director Skoien:  All I know is, I don’t want to speak for, well Mr. Schartz is coming up, so I’ll just, I’ll just wait. 

VP Kinsella:  OK, anybody else have anything else on this?  Onward and upward.

 

[Oh what a tangled web we weave when first we practice to deceive.

Sir Walter Scott, Scottish Author & Novelist (1771-1832).]

 

My best to you and yours, Lew 

 
Categories: Uncategorized.

ACCUSATIONS FLY REGARDING FURTHER…… are you ready?

Reading Time: 15 minutes

BROWN “BAT” VIOLATIONS

 

 

Yes indeed, the last LDPCSD Meeting on October 21st, 2011, actually scheduled as a Personnel matter, only provided another opportunity for a handful of the SO GOSIP (Same Old Group Of Special Interest People) to YET AGAIN intentionally disrupt a public business meeting. 

 

Considering the season and the absurd nature of their arguments and complaints, guess one could say they are “hollow-weenies”  🙂 

Before addressing this most recent display of counterproductive activity, let’s see if we can get through some more information from the last Regular Monthly Meeting on October 17th, 2011.  

  

“LEW’S VIEW” CONTINUED

Regarding the

REGULAR MONTHLY MEETING OF THE

LAKE DON PEDRO COMMUNITY SERVICES DISTRICT

Monday, October 17th, 2011 1300hrs

NOTE: Verbatim transcriptions were based on analog and digital recordings.

Here are some brief descriptions of agenda items, Board decisions, and pertinent verbatim transcriptions.

XXXXX

3.  DISCUSSION/ACTION

c.Conference with Legal Counsel – Potential litigation Government Code Section 54956.9 (b)(3)  Number of potential cases: two

REPORT OUT OF ACTION TAKEN DURING CLOSED SESSION:  The Board unanimously declined the claims by Mr. Hoover and Mrs. Agee for reimbursement of monies.

d.Interim General Manager’s Report: D Tynan.  Water loss, SCADA system difficulties requiring equipment replacement, eye wash station repaired, Ranchito Well testing continuing – must wait for stabilization, communication equipment for field operators, started “Blow Off” project for the plant – waiting for other components to finish [equipment enables discharging of “bad water”],  and continuing the color coding of fire hydrant pressures within district.

e. Treasurer’s Report: C Reeves, Treasurer/Secretary to the Board.  Unanimous Board approval to read and file October Treasurer’s reports for reporting period September 2011 and to pay Department of Public Health bill, and scheduling the Audit Presentation for the Regular Meeting on November 21st.

f. Consent Calendar.  Approve, read and file of the consent calendar.

Special Meeting Minutesfor July 25th, 2011 not approved.   Kinsella, Richardson aye, Skoien Nay, and Emery Ross abstain.  [Due to verbatim transcript portions of Minutes]

Board approval of Special Meeting Minutes, August 4th, 2011; Regular Meeting Minutes August 15th, 2011; Special Meeting Minutes August 26th, 2011, and correspondence.  Vote:  Directors Kinsella, Skoien and Richardson aye, Director Ross nay due to verbatim transcript.

g. Wastewater Meter Reading.  IGM Tynan follow-up report on bill containing the error with meter reading.  Representative from Public Works failed to attend meeting as scheduled.  Discussion of the 10% interest [$4,500/mo] on the balance due being waived for this month; public suggestion of shutting off water to the plant; how the previous meter read in gallons not traditional units of 748 gallons; and the majority of the bill regarded meter placement cost not water consumption.  Director Ross suggested IGM Tynan talk with Public Works again and bring it back to the Board.  Directors Kinsella and Richardson advocated putting everything in writing to establish a paper trail.  Kalvin Gile stated he spoke with “them” about the matter and “they” were interested in resolving the matter but maybe not for the whole amount.  Board consensus to have Charise Reeves compose a letter to Public Works, for IGM Tynan, reiterating the matter with another month of interest waived until our next board meeting and requesting their attendance of the November 21st, 2011 (since the last two board meetings were missed) with their response to the billing with copies to the Board of Supervisors and County Counsel.  Board approval to waive the fees pending an answer.     

Kalvin Gile was late for the meeting and asked questions concerning information in Treasurer’s Reports for preceding years.   

h. One Day a Month for Policy.  Request by IGM Tynan to dedicate one day per month for a meeting to work on policies.  Special Meeting set for November 14th, 2011 @ 10am – 1pm to start policy updating beginning with Personnel.

i. Counsel/Mediator.  IGM Tynan to discuss having counsel or a mediator at each meeting.  Meeting with a mediator before and after the next regular monthly meeting [in public so as not to violate the Brown Act] to conform and meet Grand Jury recommendation.

j. Request from Wes Barton – Follow-up on September Discussion.  Discussion regarding follow-up to his letter and presentation in September including a new letter to the Board of Directors.  

Wes Barton:  Still on the budget, and actually it’s also the answer to the mediator job too, you know, if we were all focused on doing the same thing we don’t need a mediator and our biggest problem is that we’re not all focused on the same thing.  We’re back to the budget and using the budget.  The budget is a, the budget that we’re using is just, we’re showing five years, basically five years, it may be going to get changed again in a little bit because there was a couple of corrections with the ah, the ah, ah retirement monies and things of that nature.  But it is basically a five year plan of just showing numbers without saying what we’re doing, how we’re solving the problems we have, etc., OK?  I’m not, I’m not complaining about what is in the budget, I’m complaining about what is not in the budget, OK?  And in the budget we say at the end of five years ah we’ll have something like $970,000 worth of cash.  But what it doesn’t say is that the five year plan, that was put together and has never been rejected by this board, said we were going to spend a million-two on capital assets, CALPEX capital projects, and this budget says of that million-two we’re now only going to spend 417 so if we had a, a need for a million-two that means we’re deferring $800,000, that’s still going to have to be done.  And you old timers that have been around here remember what all this got started with getting some financial statements and doing, trying to do some of the right things, was we had like ah, Bob Kent used to say, needed a million dollars a year for 50 years for all the capital expenditures, bu (inaudible) We definitely have major capital expenditures that need to be done.  If you go back from 2005 I think it is through 2010 we were averaging $185,000 a year capital expenditures and still we were crying that we didn’t have enough money for the capital expenditures, but now we’re saying we’re only going to spend 400?  So, yep, something’s wrong with those numbers we are going to need more capital expenditures sometime during this next five years.  If you take the million two, you back up the 417 which is what we’re budgeting that means you’re a shortfall of $802,000.  OK?  That’s $802,000 out of 970,000 you say we’re going to have.  Ah, if you take your PERS retirement and ah, Charise you can correct me if I’m wrong on this, but I think with the corrected numbers at the end of 2015 if you add that $168,000 a year in, over the last five years plus the 208 you end up with $833,000 ah, which once again, is another $833,000 that we’re saying that we have that liability, it’s going to have to be paid, we’re going to further discuss this later on, because I’m still not personally, I’m not satisfied with that number, but that’s where we’re at right now.  Ah, the ah, then we have ah, ah, one of the premises with this was so we had money in case of emergencies and cash flow to balance out the fluctuation from one month to another.  Bartle and Wells recommended 25% which is another $460,000.  OK?  Now if you take $460,000 plus $800,000, plus $800,000 you’re over two million and, that we need, even if we don’t spend it, theoretically we should be restricting the $973,000 by two million, OK?  And actually that’s a million in the hole, OK?  Point of this is that the budget, if you take a look at the budget, we’re saying OK, we’re going to increase our costs over the next five years by something like, ignoring interest, by something like $255,000, we’re going to increase our revenue over the next five years by something like $300,000 so for all intents and purposes what we’re saying here is for the next five years we’re just going to basically do the same thing we’ve been doing for five years that has gotten us into this same problem.  OK?  And that does not satisfy me, I just had my rates increased a 100% and if at the end of this five years we’re still in the hole another million dollars, I’m going to get my rates increased another 100%, doesn’t make sense to me, just does not make sense to me.  So that’s what I mean by what isn’t said in this budget.  Now we’ve got price cost issues, we’ve got less than half of the people that are paying the bulk of the money, OK?  We need to solve the problem of the unimproved lots paying additional money.  Now, is it double like we were talking before?  I don’t know.  Is it half of what we were talking before?  I don’t know, but it’s a hell of a lot more than what we’re getting right now.  Ah, that has to be addressed, there are several different ways to address it, it’s in my three or four letters that I’ve got here so, the board has it, I’m not going to go into the details.  Cost to operate, yeah it’s fine, I’m not picking on you, but to make Dan give up his $100 pants OK, when he’s also going to have to meet people and things of that nature isn’t going to get us out of the hole.  What’s going to get us out of the hole is to set and look at every job we do, OK?  And look at it and say, is the customer, does the customer requires us to do this job this activity?  Does the government require us to do it?  Ah, is it something we have to have to keep the place clean and neat?  And, basically if it isn’t, let’s get rid of it and you’re going to end up finding out, back in the days of consulting, we used to go into an operation knowing that we were going to find 30 or 50% of the cost was waste.  OK?  Because it wasn’t satisfying the customer, it wasn’t meeting requirements, it was just things that grew over a period of time that you didn’t need.  That’s where you’re going to decrease your costs.  Simplify, get rid of activities and the ones you have to have in the end, automate them make them work better.  That’s where the moneys at, its work, but that’s what’s got to happen if we’re ever going to bring these costs down and get them back anyway shape, closer to 2005 plus you know, the, excuse me the CPI, ah, Capital Expenditures we’ve basically already talked about that, ah.  Disclosures of risk and liabilities for the next five years.  You know, and business interruption, I’m going to combine these two together.  I honestly believe, and I believe if you use common sense and you say we have not been spending the money to correct our capital items, we’re going to have some major break downs, OK?  When we have major break downs how are we going to get out water?  What is our emergency plan to get our water?  Well as far as I know we don’t have an emergency plan to get our water.  And I’m not talking about are we insured to come out here and rebuild the treatment plant I’m talking about how am I going to get my drinking water and how it’s, what’s it going to cost me to get it?  What’s our plan?  To the best of my knowledge we don’t have a plan.  Ah, new business opportunities, we’re going to talk about some of those in a few minutes.  You know we beat some of these folks to death when all they’re wanting to do is get some water and we’ve got three or four major items, the SOI we don’t know what our SOI is, that Sphere of Influence. We don’t know what the usage, the ah MID usage system is, ah, we got, we got all kinds of issues like this that we’re assigned to talk about resolving but we don’t have a plan to resolve them.  When I talk about a plan what I mean is, is what are we going to do?  When are we going to do it?  Who’s responsible for doing it?  Who’s measuring it as we go along and do it?  OK?  That’s a plan, that makes things happen.  That makes commitments, now some people think that if we make commitments we don’t do it we’re going to get sued, that’s bull crap we’re getting sued every day for not doing these things.  You know, this is, this is what’s not in the plan that we’ve got to have in the plan.  Ethics, the last one.  Ah, you know, if we’re not trustworthy OK?  If we can’t be trusted we can’t do any of this crap, you know, it’s all bull if we can’t be trusted we can’t do it and obviously we’ve got major trustworthy issues.  This board has known about, I don’t care what you do with, with Dan, OK?  Dan’s a figurehead over here that caused a problem.  Here’s my problem here’s what the board has got to do.  This board has not recognized that we’ve been paying an employee under the table, employee or employees under the table, this has been going, that ah, well it may have stopped but it has been, the board has known about it, ahh, since August the 4th or 5th, the board has never stood up and said, made a statement, that yes we love under payments, under the table payments, we, we, that’s the greatest thing that could happen to us or no we’re not going to have this crap.  We, we’ve got now, we’ve got ah, ah, two employees that are upset with each other, ah, their accusing of discrimination.  A discrimination if we’re paying one man under the table and not paying anybody else under the table, sure as hell a discrimination.  We’ve got legal failures from the labor law we can’t pay a guy part time and, and, and out of the payroll and part time out of contracts, ah, the overtime issues would be involved in that, ah, the SDRMA contract that’s our insurance contract I’m sure we’ve violated it by doing this.  Ah the IRS, we violated ah we probably got fiduciary ah, and ah, ah issues in this, once again the board has not addressed it….Bill, Bill, I got my time please, ah…

VP Kinsella:  Yeah but you’re treading on things that have no bearing on this, particularly Dan’s operation, what he’s doing

Wes Barton:  I, I said that Don, Dan I don’t care about, I want, I address this to the board, very explicitly addressing this to the board.

VP Kinsella:  OK

Wes Barton:  Dan is your problem OK?

VP Kinsella:  Tell me about it

Wes Barton:  My problem, my problem is that the board is sitting here and they’re not even acknowledging anything wrong has happened.  Let me finish, you guys, you guys want the routine let me finish mine then I’ll be, I want to hear because that’s what I’m here for today, is I want to see some commitments made on these things.  Ah, OK, that’s basically it, what I want, you know, this board, you know, I know that in 2008 when I came on and believe me I wasn’t successful, but the purpose of coming on was to turn this CSD around and we’re not turning it around.  Ah, did this ah, well let’s see, ah that’s basically it, that’s close enough.

Director Lew Richardson:  I just had a question for you.

Wes Barton:  Yeah, yeah

Director Richardson:  I’ve read your material numerous times and I agree with a lot of what you say but what we witnessed this morning – if this board cannot even appoint one qualified applicant for one open position- how in the heck are we going to address these other major problems?

Wes Barton:  Well, I, I..

Director Richardson:  I mean seriously.

Wes Barton:  I could tell you what I would have done as a consultant, OK?  And I tried to do it but you guys didn’t, we didn’t want to do it

Director Richardson:  I’m not talking about before I’m talking about (cross talk) what happened right here today (cross talk)

Wes Barton:  I’m talking about right now

Director Richardson:  I’m talking about right now too, we can’t even get a qualified person on the board, it’s a game play (cross talk)

Wes Barton:  And we’ve got the same thing going on with the Federal government right now, OK?  We’ve got the same damn thing, we’re talking here, we’re talking about (inaudible) are we going to try to put some kind of real sweet thing in here for the short term or going to look at this place and correct it for the long term.  These short term things won’t work, we’re going to have to correct it for the long term, the long term you’re going to have to start with understanding what the hell this business is and what we’re going to accomplish over the next periods of time.  OK?  That’s the only way to do it, and it gets back to the like the ah, I talked about you know, what are you doing?  Why are we doing the things we’re doing?  Get rid of the things we’re not supposed to be doing, get this cost down to where it belongs to do only what we have to do.  OK?  That’s the way you do it, and only then, then when you do that agreement OK?, you’re agreeing on something, not personalities, not the, not the, ah, you know trying to protect my butt, or not trying to ah, ah, what’s my next ah, ah, government job going to be?  You know, serving this, serving this area right here, do this, get it down just to a handful of very simple things that you got to get done, OK?  And focus on those, get rid of all the other crap.  And that’s the way you’re going to do it.  Now, you’re not going to do it by bringing in a mediator, OK?  And I don’t care if you’re bringing in a mediator, believe me, that’s up to you guys, it doesn’t matter, it aint going to happen by bringing in the mediator, it’s going to happen by you guys getting on base heading in the same train, heading north, and everybody going in the same direction.  That’s the only way it’s going to happen.  OK?  And I don’t know how you do it with the, with your bunch, ah, yeah I bailed, OK?  Because I knew the people that were going to come on here wasn’t going to change our board with what we had at that time and there wasn’t anything I could do.  OK?  Ah, so I can’t answer you unless you want to do it the right way, you want to do it the right way?  I’ve offered to help before, I’ll offer to help again.  But you don’t do it by just sitting here arguing.  OK?

Director Richardson:  I, I, I agree with you, but again I submit what we witnessed here today.

Wes Barton:  Well then, we’re going to raise my rates

Director Richardson:  because you’re putting the cart before the horse

Wes Barton:  I don’t think so, then we’re going to raise my rates and everybody elses in here 100% in five years

Director Richardson:  I don’t want mine raised either.

(inaudible) 

VP Kinsella:  No I don’t have a question

Wes Barton:  Oh I thought you did.

Director Ross:  I don’t, not a question of you, it’s a comment (inaudible) ah, I asked Raymond about this under the table situation.  I just looked through all my papers I bring everything (inaudible) it’s not here, I was going to read the memo, he says what happened between him and somebody else is between them, it has nothing to do with us.  Right?  Now, if he’s paying somebody (inaudible) that’s (inaudible) that’s our legal opinion.

Wes Barton:  Did you, did you ask, when you talked to Raymond (inaudible, cross talk)

Director Ross:  I just said it was an email

Wes Barton:  Raymond, Raymond, did I, is there any issues with the labor laws? 

VP Kinsella:  There are all kinds of issues

Wes Barton:  There’s all kinds of problems here. 

Director Ross:  Well I asked him, I said, let’s say that one employee is blackmailing the other employee, that’s a legal, that’s a law enforcement issue, I, I haven’t raised a bunch of questions it right?  But if he pays somebody it has nothing to do with this board. 

Multiple voices

Wes Barton:  (inaudible) then just stand up Emery and say (inaudible, cross talk) stand up in this community and say, OK, that if the chemical company (inaudible) starts sending $50 back to ah Mark, or to ah, ah, Charise, that’s OK with us so long as we’re getting the chemicals we want.

Interim General Manager:  It came out of my pocket

Wes Barton:  No wait a minute, or, say to the folks here, that if we had a general manager, that wants to start paying one of his employees under the table OK, but not the others, OK, that’s OK with us, stand up and be proud of it and tell the people in this community that you think doing that kind of thing is a great idea.

Director Ross:  I never said that.

Wes Barton:  And that’s all I’m asking

Director Ross:  I said I asked Raymond if it was, if it was legal or illegal or a problem.  Raymond said it is not, it’s no concern of this board (inaudible, multiple voices)

[NOTE:  This discussion continued for quite a while.  Essentially, Interim General Manager Dan Tynan, out of his own pocket, paid a $25 reward to employees who discovered illegal connections within the district.  He also admitted to paying one employee a bonus, also out of his own pocket, for saving the district between $10,000-$15,000 dollars in ordering parts and repairing one of our largest leaks that had existed for many years because the employee went above and beyond his normal employment duties to tackle the job.   When Bill Kinsella heard about the “under the table payments” as they have been characterized, Dan Tynan was advised it wasn’t a good idea and rewards for theft detection or incentive payments immediately ceased because of potential problems with the labor code and IRS and they have not occurred again.   The discussion also included an accusation by Ruth Smith that Bill Kinsella exceeded his authority as a director by telling Tynan that using his own personal funds was not a good idea and should have been done through a board decision.]

Consensus of board to move Item L – Yosemite-Mariposa Regional Water Management Group: Presentation by Pat Garcia, representative of the Yosemite-Mariposa RWMG and approval of the updated MOU (Memorandum of Understanding) and M – Tuolumne-Stanislaus Integrated Regional Water Management Planning Group, Approval of the updated MOU, forward on the meeting agenda.  Charise Reeves was approved by the board to be the representative for both organizations.  Unanimous Board Decision to appoint Charise Reeves as the CSD representative to these two groups and sign the MOUs. 

k. Meter Installation and Revenue Loss, by D Tynan to discuss Meter Installation CIP Project.  A 2004 report from our CSD engineers stated we could be losing $89,000 a year due to the inaccuracy of older meters. [Under-read between 10%-15%] CSD is losing revenue and an inequitable situation exists where new meter users are paying what they should and older meter users are paying less.  Approval by Board to hire two part time employees dedicated to installation of meters with progress reports made to the board.  Warranties on the meters have started although they are not in the ground working.  3-1 director vote (Director Ross voting no) to approve the hiring of two employees for this specific project with monthly progress reports to board. 

XXXXX

NOTE:  The next BLOG REPORT, regarding the October 17th, 2011 meeting, will start with Item N: Request from Mrs. Poe, Michael and Theresa Terry:  Request by Mrs. Poe in response to questions raised at the September 19th, 2011 Board Meeting. 

[This is a controversial case, where two meters were removed upon request by Mrs. Poe and later her two sons, was based on information obtained from individual investigations and presentations to the board by former President, now director, Emery Ross and former Vice President, now Director, Mark Skoien.  CSD records do not appear to support the fact pattern as presented to the Board at the initial January 18th, 2011 meeting or subsequent meetings for that matter.]  

My best to you and yours, Lew

 

 
 
Categories: Uncategorized.

FRUIT LOOPS BELONG IN A BOWL WITH MILK!

Reading Time: 17 minutes
 

FRUIT LOOPS BREAKFAST

 

 “LEW’S VIEW” REGARDING THE

REGULAR MONTHLY MEETING OF THE

LAKE DON PEDRO COMMUNITY SERVICES DISTRICT

Monday, October 17th, 2011  1300hrs

 

NOTE: Verbatim transcriptions were based on analog and digital recordings of the meeting and prepared by Lew Richardson. 

YUP I agree wholeheartedly, that “blow by blow” verbatim transcription stuff is not only time consuming but at times quite difficult to read with the constant interruptions.  Often boring too. 

SPK1: “I did not!”

SPK2: “Yes you did!”

SPK1: “Did not!”

SPK2: “Did so”

SPK1:  “Not”

SPK2”  “Did”

SPK1”  “No”

SPK2”  “Yes”……….

Lol

 DOESN’T MATTER

You know, it really doesn’t matter how I present meeting information anyway because the SO GOSIP [Same Old Group Of Special Interest People] simply do not want YOU, the rate paying customer, to see, hear or read what happens at our LDPCSD meetings.  [Video sure would be interesting.] 

The SO GOSIP:

Manufacture spurious accusations and arguments in hopes of obstructing, distracting, and concealing facts and the truth.  

Complain that I am an evil wrongdoer for presenting on this website PUBLIC INFORMATION along with MY PERSONAL OPINION about matters affecting our public agency. 

Do not question evidence of intentional obstructionism to CSD progress or jeopardizing its future existence with patently illogical and childish behavior. 

Do not challenge highly suspicious activities and fabrications of the truth by Public Officials, but rather, only complain that I should be denied my rights in expressing legitimate personal concerns about such activities. 

Why?  Because their modus operandi (method of operation) in support of special interest activity is so FRACKING OBVIOUS!

Unfortunately our last CSD meeting qualifies for prominent position on the list of “peculiar business meetings”.  Think you sense a bit of frustration, maybe some anger?   YOU BET YOUR SWEET ASSETS LITTLE COW POKE!   

Why not grab a snack and/or beverage, get comfortable, read the following transcript regarding item 3. B:  Filling Board Vacancy, and judge for yourself?  Does it make sense to deny appointment to the only  applicant (highly qualified as well) for a single vacancy?   

XXXXX     XXXXX     XXXXX

Meeting opens at 1300hrs, Present: Vice President Bill Kinsella, Directors Emery Ross, Mark Skoien, and Lew Richardson; Board Secretary/Financial Administrator Charise Reeves, and LDPCSD Attorney Raymond Carlson.  (Interim General Manager Dan Tynan was absent due to a major pipe leak.)

Pledge of Allegiance.   

VICE PRESIDENT’S REPORT:  None

PUBLIC COMMENT:

Jesse Figueroa commented he was aware of the fact the Ranchito Well testing had not been completed which directly related to his later agenda item so he agreed to have it rescheduled for the November regular meeting.  [Incidentally the Board Packet was 155 pages.]

FILLING BOARD VACANCY (Begin transcript)

Vice President Bill Kinsella:  We have ah, the next item is filling the board vacancy.  As you’re aware Vicki resigned, we have had one letter of interest and that was from Victor Afanasiev and nobody else has expressed an interest so I would like to suggest to the board that we vote up or down on Mr. Afanasiev.  Board comments?

Director Emery Ross:  I’ll wait do you have one Mark or anything? 

VP Kinsella:  What?

Director Ross:  I said, did Mark have one or not? 

Director Mark Skoien:  Nope.

Director Ross:  What about Public Comment?  You gonna have public comment about it?

VP Kinsella:  Well, I want to find out what the board wants to do first and then we’ll kick it open to the public.

Director Ross:  Ah OK, well, making me first I guess, well is there anybody else up here that’s going to comment because I’d rather wait

VP Kinsella:  Lew?

Director Lew Richardson:  Maybe I want to wait too (laughing)

Director Ross:  maybe you will (inaudible)

VP Kinsella:  Somebody do something (laughing)

Director Ross:  OK well I guess I can say something, ahum, you know I’ve had a lot of calls about this (inaudible-mumbling) this, this vacancy, and ah, you know, I,  I’ve known Victor for a long time How long have I known you Victor? 

Victor Afanasiev:  Oh I don’t know

Director Ross: (Laughing)  I mean Carly’s probably ten years old, the cow we got as a calf, so, at least that long if not longer, and you know, the way I look at it there’s two Victors.  There’s a Victor that says, you know, excuse me ah counselor I disagree, you know, and a Victor that says the ah, the telephone records were, were illegal and when the DA and Raymond says they weren’t and staff gave it to him and then there’s this other guy, this guy that ah, on a Christmas Day, probably 10 years ago maybe not that long, ah we we found some kids that didn’t have, weren’t going to have a Christmas and ah you and your wife put together food and wrapped presents and did all kinds of things you know, and Christmas Day I take those down there.  The Victor that, that that ah does these baskets over here every Christmas.  And so I I’m,  I’m somewhat torn between the two Victors because I know you’re a very compassionate caring person.   I have a problem when you openly criticize Raymond, you know, ah and I think it’s OK in Closed Session, you know to criticize that critic, you know, real bad, but you know you can make comments and that’s, that’s what I’m, you know, torn on that, and of course I’ve had a lot of calls please, please, please give us ah, you know more time to decide, and, I don’t know if that’s fair or not, ah we could go until Friday but you’re the only candidate and ah, so I got to make up my mind today and that’s about all I can say for now.

VP Kinsella:  Lew?

Director Richardson:  I, I don’t know really, understand anyone else’s personal conflict with the applicant, we have one vacancy we have one applicant who’s more than, apparently reading from his resume, qualified.   I don’t see where there’s an issue and as far as disagreeing with counsel, well you know, people disagree all the time

VP Kinsella:  Me too. (laughing)

Attorney Ray Carlson:  I understand (laughing)

Director Richardson: You know, and, but still we have a duty to listen to counsel.  I don’t think there’s anything done inappropriate there, we have people disagree with things all the time here and actually that’s even encouraged to flush out what the situation is so I don’t really understand what that preamble was

(Inaudible back ground female voice in audience)

VP Kinsella:  Mark?  Oh, are you done?

Director Richardson:  Yeah, yeah.

VP Kinsella:  Mark, no comment?

Director Ross: Well, you know, what the preamble was because you wouldn’t speak first so I had to speak first

Director Richardson:  You started speaking first

Director Ross:  No, you didn’t want to, ah, there’s people that that said that they would like to have some more time, you know, I don’t know if that’s appropriate or not that’s up to this board and for Raymond to decide if it’s legal or not, we could go until this Friday but I don’t know if that would make any difference because we really haven’t got anybody, but, other than that find out from public maybe there’s somebody out there who’s gonna,  wants to that was late I don’t know, that wants to apply for it.

(Multiple voices)

Director Mark Skoien: (inaudible) the next meeting?

VP Kinsella:  Say again?

Director Skoien:  Can we go to the, until the next meeting?

VP Kinsella:  No

Director Ross:  No time

VP Kinsella:  No, we’ve, we’ve posted

Director Ross:  hold it to the next one yeah

VP Kinsella:  You want to finish?

Director Ross:  Yeah, I was going to say the meeting on Friday (inaudible) we’re having a meeting Friday right?

VP Kinsella: Yeah but that’s not that’s not going to do anything    

Director Ross:  Ah, OK

VP Kinsella:  The notice was adequately posted throughout the subdivision, ah, there was a meeting held by other people and a candidate was supposed to come forth from that group the candidate never submitted any information never expressed a request for us.  I don’t believe that Victor should win by default I think that Victor should be voted on the board.  Just that simple.  So unless somebody has a, has a question I’m going to ask for a motion from the board to install Victor as the next director. 

Director Richardson:  I’ll make the motion

VP Kinsella: Do I have a second? (No response)  I will second.  (Door opens and closes)  Just in time 

Public:  Shouldn’t you wait until (inaudible) record all this stuff?

VP Kinsella:  Say again?

Public:  Shouldn’t you wait until Charise gets back so you’ve got someone to record all this?

VP Kinsella:  I can’t hear you

Director Richardson:  He’s asking about the recording.  The recording is going

VP Kinsella:  Yeah, so?

Public:  Oh OK, it’s on.

Director Richardson:  Yeah, it’s working for now.

IGM Dan Tynan:  If it’s OK I was going to see if ah  

VP Kinsella: No, we just, we’re not to you yet.

IGM Dan Tynan:  (Laughs) OK, we’ll I just want to let everybody know there’s a very bad leak on Arbolada and Justin is the only one out there right now

VP Kinsella:  Charise filled me in on that, any comments from the ah floor?  Sir?   

Wes Barton:  Victor is nuts,  (Laughter), but he wants the job and I tell you, I’ve been up here 8 years and there’s not a better person than Victor.  Like everybody’s referred to him I mean he’s out there helping people whether there’s a fire, or it’s kids, or if it’s the Lions or if it’s whatever.  He and I disagree all the time but I’m always right and he’s always wrong (audience laughter) but he’s still a damn good guy and I, I would highly recommend him.

VP Kinsella:  Any other comments from the floor?  OK, back to the board, I’m going to call for the vote.  All in favor of Victor?    Aye

Director Richardson:  Aye

(No other response)

Director Richardson:  So we now go to the Board of Supervisors

VP Kinsella:  Right

Director Richardson: and here’s another embarrassment and another (clears throat) 

VP Kinsella:  Oh boy

Director Ross:  You haven’t finished saying no or abstain

VP Kinsella:  Well, all those against vote no….all those in opposition

(Director Skoien indicates NO)

VP Kinsella:  And you, you abstained?

Director Ross:  Yeah

VP Kinsella:  Well, why?

Director Ross:  Because I can’t decide between the two people

Director Richardson: Oh my Lord

Director Ross:  Which one are we talking about,  the one that got recalled from the owners or this (inaudible-multiple voices)

VP Kinsella:  I don’t

Director Richardson:  Oh boy

VP Kinsella:  I don’t think I want to go there any farther

Director Ross:  You asked

VP Kinsella: OK, that’s fine, then tomorrow morning I will get my little pudgy body down to the Board of Supervisors in Mariposa County with 13 copies and have the Board of Supervisors ah

(Back ground voice asking if we were out of copies [packet])

Director Ross:  You can

VP Kinsella:  make the appointment and

Director Ross: You can also re-advertise

VP Kinsella:  What?

Director Ross:  You can also advertise for other opening

VP Kinsella:  We only have two weeks Emery

Director Ross:  I know but (inaudible)

VP Kinsella:  I’m not, I’m not going to do that I want to fill the vacancy as quickly as possible.  Now you want to be an obstructionist that’s perfectly well within your right.

Director Ross:  Don’t say I’ve been an obstructionist

VP Kinsella:  I think you are

Director Mark Skoien:  He has a right to vote the way he wants just move on do what the next process is.

VP Kinsella:  That’s exactly what I’m going to do, he knows where it’s going

Director Ross:  Well Victor will probably apply there and get it there

VP Kinsella:  OK, well that’s fine

Victor Afanasiev:  I do not have to apply, the board’s (inaudible)

VP Kinsella:  Victor, as far, as far as I am concerned you’re a qualified candidate and ah, you are, you just didn’t get off the Banana Boat

Victor Afanasiev:  Well that’s fine.

VP Kinsella:  So

Board Secretary Charise Reeves:  Mark, what was your vote?

VP Kinsella:  Say again?

Secretary Reeves:   Mark?  No? No

VP Kinsella:   Mark voted no and Emery

Director Ross:  Abstained

VP Kinsella:  the usual.  OK

Secretary Reeves:  I’ll listen, I’ll listen to the tape to get the motion and everything

VP Kinsella:  Say again?

Secretary Reeves:  I’ll listen to the tape and catch up

VP Kinsella:  OK.  OK so much for that. 

Director Richardson:  What an embarrassment.

VP Kinsella:  We ah, we, the next item is Closed Session

Director Ross:  That’s an embarrassment

VP Kinsella:  What?

Director Ross: That’s an embarrassment, putting that early on a topic it should be at the end. 

VP Kinsella:  What?

Director Ross:  That should have been at the end all these people came now they’ve got to go for two hours in a Closed Session

VP Kinsella:  Hey listen

Unknown voice:  Stop it

Director Richardson:  Just let it go

VP Kinsella:  I’m not ah, I’m not

Director Richardson:  Just let it go

VP Kinsella:  I’m not going to get into that again

Public:  Bill can I ask a question?

VP Kinsella:  Yes sir.

Public: OK, when you, when you go before the supervisors to ask them to appoint somebody, is Victor’s the only name going to be on the list or what?

VP Kinsella:  That’s it

Director Ross:  That’s it

Public:  OK so

VP Kinsella:  I also have to ah, contact Tuolumne County Board of Supervisors, I don’t know the process for them, I, I do know that Mariposa County requires 13 copies, I think the same thing would be applicable in Tuolumne County.

Public:  Probably

VP Kinsella:  But since we only have one candidate

Public:  Is it too late

VP Kinsella:  who is, who is, who is qualified nobody else expressed an interest and do you think I blame them?  (Laughter)  No I don’t.

Public:  He asked a question Bill

VP Kinsella:  Yeah

Public:  He asked a question

Public: Yeah, will there be, can other people put their name in before you talk to the board?

VP Kinsella:  No it’s already been closed

Public:  Oh OK, so Victor is going to be the next board member (inaudible)

VP Kinsella:  I don’t know whether Victor is going to be the next board member.  The Board of Supervisors, the Board of Supervisors can also appoint somebody.  Victor is the candidate that applied here, the Board of Supervisors wants to put in Mickey Mouse they’ll appoint him.

Public:  OK, so it’s open then?

VP Kinsella:  It’s, as far as the Board of Supervisors is concerned, is open.

Public:  I just wanted to clarify that.  You may have 15 people this week put in their names (laughing)

VP Kinsella:  Well, there was, it was adequately posted, it was amply posted, people knew about it, ah, Vicki’s resignation was not a surprise to anybody, everybody in there knew befo, knew before I did that she was going to resign.  So I’m not going to get into that either.  The next item is the Closed Session.

Interim Manager Dan Tynan:  Bill?

VP Kinsella:  Yes

IGM Tynan:  I want to see if I can be excused so I can help on this leak, it’s tearing up the road

VP Kinsella:  Say again?

IGM Tynan:  I want to see if I can be excused to get on this leak ‘cuz I’ve got a young guy out there and it’s tearing up the road, it’s a very, very bad leak.

VP Kinsella:  OK

Secretary Reeves: So we’re going Closed Session at 1:18?

VP Kinsella:  Once, yeah 1:18.  Raymond?  We’re going  …. [End Transcript- Board goes into Closed Session]

XXXXX

 

NEXT BUS STOP COULD BE ANYONE

WHOA!  Talk about complimenting someone for their many years of honest and dedicated community service while simultaneously throwing them under another Porter Political Bus!  Ross is unsure about Victor because he (Victor) questioned the attorney?  Don’t buy that hogwash for a nanosecond, besides, what’s wrong with questioning opinions due to legitimate concern?  The true reason lies in another one of Ross’s traditional mumbling comments: 

“…the one [Victor] that got recalled from the owners…”.

 SURE BRING IT UP AGAIN – DOESN’T BOTHER ME

IN FACT, LET’S TAKE ANOTHER LOOK AT THE ILLUSTRATION THAT GAVE BIRTH TO THE “PORTER CARTOON RECALL” OF AN HONEST HARD WORKING BOARD

 

THE INFAMOUS CARTOON

Please “recall” that the submitted cartoon juxaposed two well known community facts regarding activities of Thomas Porter and his Deerwood Corporation:

 

1) A donated a sign with wording suggesting the entire high school had been donated by Tom and Peggy Porter; and

2) A very large golf course water bill was outstanding with multiple refusals to pay.

The Lake Don Pedro Owners’ Association Board of Directors at that time seriously considered possible ramifications of publishing the cartoon but decided the artist’s First Amendment Right to Free Speech was the paramount issue especially after the many years of censorship to Deerwood’s favor by another local publication.  Consider this, had a member submitted a Letter to the Editor expressing those same concerns it would have been published without question, so why should a simple satirical cartoon receive different treatment? 

The cartoon was published in the former “NEW DISCOVERER” and after only four days that unpaid Deerwood Corporation water bill, which had been gradually reduced from $80,000, to $60,000, to $40,000 and finally $20,000, with only a mere $5,000 offered settlement by Thomas Porter, was paid off to the tune of $20,407.08 on May 4th, 2009.  Of course that is when Porter’s Cartoon Recall started complete with free lunches at the golf course for those who attended petition signings.  Heck even a community volunteer Deputy Sheriff was used to collect signatures despite being unaware of the real reason for the recall.  

The directors that didn’t immediately cave to threats of recall and demands for an apology to Thomas Porter to this day still believe their actions were correct but naturally that didn’t stop the Porter Political Machine from recalling those directors.  Recalled for standing up for the Right to Free Speech and dissemination of truthful information?  I am proud to have been a member of a board that courageously stood up against the self-serving negative influence of a multi-million dollar land development/mortgage corporation that had been allowed to do whatever it wanted within this subdivision.  

I find it amusing that those who constantly bring that recall up evidently believe it is something of which to be ashamed or embarrassed when in actuality, it is the SO GOSIP who should be ashamed and embarrassed for supporting such domination, control, and suppression of the truth.   They were the traitors to this community and its rural foothill environment.  Golly Gee Professor…..what did that uncontrolled Deerwood development actually do for this area?  Corruption of governing boards, numerous short-sales that negatively affect existing homes, a huge inventory of vacant deteriorating homes, and dangerous developer convenience roads that do not conform to State mandated Fire Safe roadway standards to name only a few.  [Wonder if this relates to the new FIRE FEE for homes in SRA – State Responsibility Areas?]  

Anyway, back to the GOOD VICTOR-BAD VICTOR bedtime story for idiots.       

TWO VICTORS?

Emery Ross apparently has some serious comprehension issues in recognizing and appreciating a single individual’s existence. (You’ll understand more about this comment when considering the POE METER REMOVAL MATTER where Mr. Ross represented to the Board and public that one individual was two separate people owning different parcels when in actuality she was a former real estate agent (evidently known by three different last names) and who ultimately received a cease and desist order from the State Department of Real Estate for conducting activities without the proper license.   Mr. Ross’s May 3rd, 2011 email to other directors is also intriguing reading since it was an alleged “Investigative” report of fact containing clearly incorrect information.)

DOCTOR JECKLE AND MR. AFANASIEV?

Why would Ross abstain from a yes appointment vote?

Emery Ross:  “Because I can’t decide between the two people”

What is this nonsense, some kind of Lake Don Pedro Dr. Jeckle and Mr. Hyde analogy of Mr. Afanasiev’s more than adequate qualifications (but more importantly his integrity) to be appointed to the LDPCSD Board of Directors?  This is absolutely absurd!  Good Heavens, even when attempting to diminish Afanasiev’s qualifications for appointment (without success) when Ross mentioned the association recall he himself suggested the possible origin of the strings that manipulate his “mumbling cowboy” persona.

(When I first met Emery I felt as though I was talking with one of the actors on the movie set of “Lonesome Dove”, you know, a down to Earth no-nonsense cowboy perspective, but that manufactured illusion quickly disappeared in light of his continuing special interest activities.)

Here is the “application” submitted by Mr. Victor Afanasiev on October 3, 2011 for the Board position:

TO THE BOARD OF DIRECTORS OF THE LDPCSD:

 My name is Victor Afanasiev and I am requesting an appointment to fill a vacancy on the Board of Directors of the LDPCSD.

I retired as a supervisor of the Centrifuge Department of Beckman Instruments in Palo Alto, California, after working for 28 years with the same company.  After moving to Lake Don Pedro, I became involved in various community organizations:  LDPOA, LDPCSD and the Lions Club.  I attended the majority of the meetings of both LDPOA and LDPCSD.  I was a member of the citizens’ committee that was involved in the formation of UC Merced and took an active role in the committee.  I was appointed by the School Board of Big Oak Flat Groveland to the oversight committee for Measure M and a $7 million bond to build gyms in Tioga and Don Pedro High Schools.  I had to resign from the committee when I was appointed to the 2009-2010 Tuolumne County Grand Jury where I was elected to be one of the three committee chairs.

During my time in Palo Alto, I attended an evening law school and continue to this day to be interested in law cases.  Presently I am involved with AWRA (American Water Resources Association), Cal Fed (the State Water Resources Board), DWR (Department of Water Resources) and Water Education Foundation.

I respectfully request to be considered for an appointment to the board of LDPCSD and I believe I will be a good addition to the board.  Thank you.  (Signed) Victor Afanasiev. 

SOME THINK THIS IS FUNNY

I have heard some people consider such activity by Ross to be entertaining, however, when it concerns the reputation, and perhaps even the survival of this CSD, I am not the least bit amused.  Granted, if it were another community I would likely shake my head in disbelief, laugh at the ridiculous antics and be thankful I didn’t live there.  But there’s the rub, Lake Don Pedro is my home.  I live here and such activity is counterproductive and must stop.

MOST WOULD CALL THESE CLUES

The previous Mariposa County Grand Jury suggested Emery Ross resign as president of the board and is a BIG CLUE to the origin of many CSD difficulties.  That 3rd resignation by Ross may have slowed some of the nonsense down but it continues and is specifically intended to keep this organization in a dysfunctional holding pattern while another Thomas Porter/Deerwood Corporation Recall quietly proceeds in the background to pack this board with “Porter Supporters”.  The fact Emery Ross was directly involved with the formation of this recall movement is ANOTHER BIG CLUE to what is going on.   Naturally Mr. Ross could not effectuate such obstructionism by himself and a quick glance at some of the more confusing decisions reveals the co-operation of Director Mark Skoien.  The fact that both Ross and Skoien refused to investigate alleged misconduct of a former director (ultimately removed due to action by the District Attorney on information furnished by the Grand Jury) is yet ANOTHER BIG CLUE.  And now, the POE METER REMOVAL MATTER I believe will clearly document the collusion by sitting directors to obscure the truth in that case. 

I have studied massive amounts of material, worked very hard at understanding water related issues and some of the specific difficulties within this district but it all means absolutely nothing when intentional obstructionism by these two directors is allowed to flourish unchallenged.   I am tired of being called names in open session by these individuals and will no longer tolerate such childish, ignorant and counterproductive behavior.  I am sick of the untruthful information spread by Emery Ross, such as his statements that I was going to run for a Mariposa County Supervisor position which manufactured a political environment for Ross to solicit the “Porter Supporter” votes to counter his  fabricated interest on my part.  I’ve had it with the two-faced ignorant and uninformed comments by Skoien such as, I was a poor investigator when employed in law enforcement 20 years ago, yet when I leave the board room during a break, Skoien advocates that I would be a great investigator for Kalvin Giles “snipe hunt” investigation of boxes and boxes of phone records and his unfounded accusations that office staff was misusing telephones.   I can honestly say I have been in more organized and honest Boy Scout troops.      

“Mumbles the cowboy” needs to either speak up clearly at meetings (his mumbling interrupting comments are common place at meetings) and stand by a position or shut the hell up and allow others to perform the serious work he dismisses as unimportant.   The same applies to his sidekick, good friend, and neighbor Mark Skoien. 

Apparently, Emery’s quest for election to the SDRMA Board in Sacramento has failed (the Peter Principle….advancing to the next position of incompetency?) so he should have more than adequate time to focus on what he was elected to do here, but of course there is still his continuing interest in obtaining a County Supervisor’s seat which should be of great concern to EVERY SINGLE RESIDENT OF MARIPOSA COUNTY because the dysfunction that thrives at the LDPCSD will only be transplanted there!     

LAUNDRY LIST OF LUDRICOUS BEHAVIOR

This is so frustrating.   Remember how this board started in January?  Emery Ross, without any legal authority, confiscated and destroyed my personal notes in some sort of demonstration of his supreme authority?  Then we had the infamous boycott by Ross and Keefe of an educational class designed to make CSD directors and employees better prepared to serve this community.  Ross even challenged a Brown Act training course as being a Brown Act violation!  Recall how Ross, Keefe and their handful of followers walked out on meetings where I presented short educational videos of CSD operations?   Seriously, does that make any sense to you? 

Ross stated the videos were in violation of the Brown Act [WRONG!] and a violation of a Federal Bio-Terrorism Act [WRONG!], but what sort of confused thinking would cause two directors to walk out of a meeting in protest?   If I truly believed for a second that a director was going to violate the law you could not pry me out of my board seat because I would be watching them like a Hawk!  But Ross and Keefe ducked into the parking lot and again demonstrated their true commitment to this district.  What about the $30,000+ “rebated” to a handful of chronic “Porter Supporter” complainers immediately after we avoided bankruptcy with the Proposition 218 rate increase?  Does that make any sense? 

THOUGH FOR DIFFERENT REASONS, BOTH LEWS THINK THIS IS WRONG

Perhaps I too am one of Emery’s “multiple people” who cannot be appreciated as an individual with personal opinions regarding topics of local public concern?  The “Compassionate-empathetic Lew” encourages acceptance, tolerance and understanding of such “board performances”, yet the “Oath Sworn Public Official Lew” does not have that luxury, but rather, a clear fiduciary duty to honestly represent this district and its customers to the best of his ability. 

WHICH LEW DO I LISTEN TO?

OH NO!  This situation gave birth to the “Conflicted Lew” who, like Emery, was required to choose between different perspectives of the same person.  Who to follow?  The “Compassionate-empathetic Lew” who  would attempt to ignore such habitual obstructionism and attribute it to something other than stupidity and/or corruption; or the “Oath Sworn Public Official Lew” who will continue to honor his Oath and serve this district honestly despite being witness to 10 months of absolute foolishness and needless wastes of time, energy, and district resources?

Succinctly as possible, I will fight such an abandonment of an elected official’s responsibility with every legal method at my disposal.   

My best to you and yours, Lew

PS: This includes, but is not limited to, the “Compassionate-empathetic Lew”, the “Oath Sworn Public Official Lew”, and the Lew formerly known as “Conflicted Lew” because there is no conflict or room for compassionate understanding —  these two obstructionists need to hit the trail!

Categories: Uncategorized.

“AS THE PEDRO TURNS”

Reading Time: 5 minutes

or, …”like the relentless dripping leaks from 40 year old Blue Bell pipe, these are the days of our CSD”……  Perhaps….”All my customers?”  Well, regardless of whatever illustrative soap opera title might be used for comparison,  there is never-the-less “the continuing saga of Lake Don Pedro”.

Obviously, the good thing about verbatim transcripts is the fact they document in time an individual’s statements, opinions, or perspective on a given issue which is therefore not subject to misinterpretation or misrepresentation by others.  The bad thing is they take so long to prepare.  But even then the SO GOSIP (Same Old Group of Special Interest People) incorrectly complain that “Minutes” of meetings should not be posted on this site prior to being approved by the board.  Minutes?  Approval by the board?  Oh Please.   [The amazing part about that particular complaint is the fact it was made by a previous board secretary of the LDPOA who surely knows the difference between “Minutes” and a “Transcript”.]  Board approval of an individual’s opinion based on facts and publicly presented material at board meetings?

Interesting it is how these folks are essentially complaining that:

information presented in a public meeting should not be offered to the public for review and consideration in formulating their own opinions as to what is happening within this Services District and community.

The other major complaint is that I, as an elected official, must abandon my personal opinion and remain silent as to what I BELIEVE to be unethical and inappropriate activity based on facts and publically presented information by those claiming to represent the public’s best interests.

Seems to me if ANYONE should be upfront and forth coming about their personal perspective and opinions it would be a public official who has taken the responsibility (and an Oath of Office) to serve the public’s best interest.   

DRAW BACK OF BEING ON A BOARD

Reading the 2010-2011 Grand Jury Final Report was a very conflicting experience.  On one hand it was reassuring to know there was an official government panel of citizens who confirmed the serious problems many of us have recognized and took action, but on the other hand, the offending entity was “THE BOARD OF DIRECTORS” as a whole.   Didn’t matter that such activities were conducted without support from a minority of members, it was a “BOARD DECISION” and all must share equally in that report.  Sorry, but that sucks!   What if three directors decided to intentionally violate the law?  Still a Board decision and all directors, whether involved or not, are saddled with being part of that board.  [Recall the old expression that a chain is only as strong as it’s weakest link?  What about multiple “weak links”?]

“THE GRAND JURY SAID YOU CAN’T BLOG ANYMORE!”

That’s another cry of the SO GOSIP advocacy group which I have very carefully considered.  What did the Grand Jury Recommend exactly? 

“R-5: Board members should stop publishing documents that do not promote or represent the Districts interest as a whole”

First of all, I am not the only director that posts material on a website, however, I am the only one that stands behind what is written and presented with my own name, not the cowardly “anonymous authors” who are personally unaccountable for the garbage they attempt to pass off as truth.  Garbage like that isn’t taking a legitimate position, it’s just another spineless ANY MOUSE squeaking disinformation behind their shield of ANONYMOUS.    

Second, I believe the qualitative statement “that do not promote or represent the Districts interest as a whole” is the key here.   Does incorrect and/or intentionally fabricated information presented to the public at board meetings promote the district?  I don’t think so, but how was this answered by our CSD attorney?

“This recommendation cannot be implemented because it is directed at “Board members” and not at the District.  The District does not have jurisdiction or control over individual Board members exercise of their free speech rights and any attempt to do so would be an illegal prior restraint on speech.  This does not mean that free expression may not, under some conditions, give rise to liability or potential liability of the speaker for libel, slander, invasion of privacy, or under other legal theories.  The First Amendment and free speech is not always a complete defense.”

Seems pretty straight forward – expressing your opinion is permissible so long as you do not violate someone else’s rights.  Duhh. 

GETTING RECALLED AGAIN BY THOMAS PORTER ANYWAY

Tom Porter was able to recall the LDPOA Board of Directors because he didn’t care for the direction the Association was headed — working for the members and providing the truth in their blossoming NEW DISCOVERER newspaper.  Porter didn’t like it –  Poof!  Gone!   [Has anyone else noticed that apparently the owners’ association is going to skip another yearly election meeting?   Gee, maybe elections are completely unnecessary now that we have a Board of Directors approved by Thomas Porter?   Things are running so smoothly, maybe their terms will be extended for life?]  There’s no reason to believe Porter won’t use his influence to do the same with the Lake Don Pedro Community Services’ District Board of Directors eventually. 

No sense in remaining quiet while Porter Supporters continue to misrepresent the facts to customers for their leader’s own profit driven interests.

MONEY IS A TREMENDOUS MOTIVATOR

Always has been, probably always will be.  Sure isn’t a level playing field when volunteers motivated by what is best for the community are pitted against real estate and land development interests with vast sums of money and influence.  Heck, everyone wants their property values to go up but that is not what is happening.   The uncontrolled development in this area has not helped everyone’s property values and it isn’t too hard to understand the point when homes that were once priced at several hundred thousand dollars are going for a quarter of that price or less.   Such a housing environment is beneficial for those with the hard cash to pick up such deals but not so good for those foreclosed on or the other established homes in the area.

DON’T BE SURPRISED

Have you noticed any of the 400+ bills in Sacramento pending approval in the very near future?  Some look like they were specifically tailor made to address issues in Lake Don Pedro.    When I ran for a position on the board I believed local control of our water was extremely important and with hard work and dedication could be retained, but must now honestly admit to wondering if it is still possible.   Perhaps it would be better if the County were to assume control.  No doubt costs will go up to all consumers, but the County might be less susceptible to the special interest influence that has dominated this area for decades. 

Of course it could also be argued that the county also has been subject to such negative special interest…..remember all those “land developer convenience roads” constructed in our subdivision that did not meet 1991 State Responsibility Area Fire Safe roadway standards?  What’s happening now?   A new fire fee of $150/year for homes in a SRA area.   How long will it remain $150/yr?  Will those roads be brought up to standards with these new funds or will they remain as further problems for the future?  I think we all know who will actually end up paying for such serious digression from established regulations.   But I also imagine government agencies, like people, learn from their mistakes. 

Stay tuned…..I think a lot is going to be happening around here relatively soon.  Remember the quote by Buddha?

Three things cannot be long hidden, the Sun, the Moon, and the Truth! 

Until then –

My best to you and yours, Lew

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