Yesterday morning at approximately 0527hrs I received a telephone call from IGM Dan Tynan who advised there had been a fire at the Lake Don Pedro Community Services Office on Merced Falls Road. Tynan had been advised by Director Emery Ross who had previously been contacted by a Deputy Sheriff. I do not know the circumstances of that communication. Tynan advised he would have called sooner after arriving on site but communication lines were down at the facility.

Now as I understand the situation, Emery Ross was first notified by a Deputy sometime around 0300hrs where upon he telephoned his neighbor, friend, and fellow director Mark Skoien along with IGM Tynan and possibly other individuals. Ross drove to the facility and took photographs of the emergency response.

EMERGENCY BOARD MEETING AT 1400hrs (2PM)

The agenda simply read: Office Building Fire (15 minutes). Information – To inform Directors of office building fire. As would be expected, contact had been made with a variety of departments and agencies including the Department of Health, SDRMA (Special District Risk Management Authority), state and federal fire and law enforcement officials. The audience was advised that water availability and quality had not been affected and would continue without difficulties with some slight adjustments to times of operation.

Syndie, our Billing/Customer Service Representative, suggested the Board add an agenda item to the emergency meeting to address billing issues that were just getting ready to start. The board ultimately approved rolling over the current billing period to next month due to the total loss of billing computer equipment and software. Syndie stated that although credit card payments could not be taken until replacement of that equipment, customers could still mail or walk in their “estimated” payments for the month. Any resulting over payment would be carried over as a credit for the next month. There will obviously be no late penalties for this month.

The Board conference room will be utilized as the temporary office and essential services such as telephone and internet were being routed there. The cause of the fire is still under investigation and president Kinsella cautioned the audience about rumors and “finger pointing”.

After the emergency meeting I was standing in the parking lot speaking with a former LDPCSD President who asked me why Bill and I received the notification so late after the initial report. Director Emery Ross was returning to the board room so I asked him. Emery still walking by without stopping acknowledged he received a call about the fire from a Sheriff’s Deputy around 0300hrs but when I asked

“Why didn’t you pass it on to the president and vice president?”, he replied

“Call a Closed Session – I’ll let you know.”

Guess I should have known better to ask such a simple question because this all too typical “Ross Response” made no sense other than to refuse to explain the situation. It smacked of the same arrogant refusal to other legitimate questions regarding unethical activities and personal involvement in an unusual meter removal case of a friend. That October 28^th, 2011 meeting response consisted of:

“I’ll get back to you some day”.

Naturally, he never responded. Here’s the link to that past blog:

https://lakedonpedro.org/?p=560

The comment was apparently just another avoidance technique because the subject matter does not fall under the Closed Session parameters of discussion outside the public view. Since Emery Ross was the communication “hub of the wheel” during this obvious emergency, why didn’t he just make a simple call to the board president and advise him that our administrative office was being consumed by fire? He apparently had time to call other people, why not the president of the Board?

I realize Mr. Ross is in full campaign mode as a candidate for Mariposa County District II Supervisor but certainly hope his actions were not motivated with thoughts of securing some sort of publicity as the “on scene CSD official” at the conflagration, becaue after all, it was the 2010-2011 Mariposa Grand Jury that recommended he resign as president of the board based on his prior conduct and behavior.

LOOK! THIS IS MORE IMPORATANT NOW – (we don’t need no stinking investigation)

This horrible situation (administration office fire) has once again derailed investigation into other matters regarding this district’s past operation that still need to be addressed. I drove over to the facility late this morning to snag some photographs of what remains of our administrative office. Naturally the investigation continues. The pungent smell of chemical smoke lingers in my clothing as I type these words and contemplate how and why this major setback to our CSD occurred. I ran for election to be one of your representatives with the honest belief local control of our water system was an indispensable element for this community’s future but must now seriously question whether that is still even possible.

Yes I know, I am depressed about the whole mess. Who wouldn’t be? Look at these photographs and realize what was lost isn’t just about money (which is bad enough), but how it will further damage this community’s reputation — regardless of the final determination of ignition source.

My best to you and yours, Lew

Read for yourself.  Here are the links to online stories about the fire along with their copied articles……..

http://www.mariposagazette.com/

FROM THE MARIPOSA GAZETTE

Fire destroys community services building at Lake Don Pedro

***********

http://www.mymotherlode.com/news/local/1533682/Fire-Destroys-CSD-Office-At-Lake-Don-Pedro.html

Sabrina Ambler, MML News Reporter

Don Pedro, CA – This morning 2 am, a patrolling Mariposa County Sheriff’s
Deputy reported a structure fire of the Lake Don Pedro Community Services
District office. The office is located on Merced Falls Road in La Grange.

Deputy Fire Chief Jim Middleton stated that there was major damage to the
administration building. Middleton stated through an aggressive fire attack they
were able to keep the fire to building of origin. The building sustained major
fire and smoke damage, there is no cost estimate yet. The water treatment and
several other structures were not effected.

According to the Mariposa Gazette An emergency board meeting for the district
has been called for this afternoon at 2 pm. The cause is under investigation.

The Lake Don Pedro Community Services District (LDPCSD) has been investigated
by the Mariposa Grand Jury, the report submitted June 2011, found falsified
meter readings resulted in sudden increases in service charges to customers and
other issues. The full report is here
(LDPCSD on page 32).

LDPCSD is a Special District incorporated in 1980 to provide water to
district residents in both Mariposa and Tuolumne Counties. Customers are billed
on a monthly basis for both the amount of water used and a fee to cover the
assets (water system infrastructure) of the District.

Written by Sabrina
Ambler

**********

I apologize for not writing sooner but have been quite busy the last few weeks reading past CSD history, learning some  pretty interesting facts, attending training classes (online and out of town – one of the classes actually contained excerpts from last year’s 2010-2011 Grand Jury report regarding our CSD), preparing for Board Meetings, etc. …. all sorts of stuff that will be discussed later in chronological order.  Just couldn’t go to bed tonight without passing on the fire information.

Here’s a photo I took this morning of the office.  Absolutely disgusting.  Strange how other serious subjects suddenly seem less important when your administrative backbone goes up in smoke.

I’m exhausted.  The last couple of meetings prior to this most recent fire nightmare contained some peculiar statements and comments that we’ll take a look at in depth very soon.   Until then,

My best to you and yours, Lew

 

 

 

[LEW’S VIEW:  LET’S JUST GET TO IT – OR LIKE THAT TAX COMMERCIAL MUSIC THAT’S STUCK IN MY HEAD…….THIS IS HOW WE DO IT TO IT!   lol]

Mr. Tom Porter: Ahh, anyway, I’ve given you a copy of ah, water bills for 9606 Merced Falls Road and I would ask the Interim General Manager have we been getting water from the district?

IGM Dan Tynan: Off of Torre?

Tom Porter: Hum?

IGM Tynan: Off of Torre? Is that the property you’re talking..

President Bill Kinsella: No

Director Mark Skoien: His office

Multiple voices

Tom Porter: Where we were

IGM Tynan: Oh, oh, ah, it was shut off, the

Tom Porter: Pretty, pretty well shut off too wasn’t it?

IGM Tynan: Yes it was

Tom Porter: very hard to pry open, it has been shut off for years.

[LEW’S VIEW: THAT IS A MONUMENTAL JUMP IN LOGIC. THE FACT A VALVE MAY HAVE BEEN SHUT OFF DOES NOT SUPPORT THE CONCLUSION IT HAD BEEN THAT WAY FOR YEARS. ATTEMPTING TO USE THE IGM AS A WITNESS TO MR. PORTER’S ALLEGATION IS ALSO DISENGENIOUS. IGM TYNAN CAN ONLY ATTEST TO THE FACT THE VALVE WAS SHUT WHEN MR. PORTER POINTED IT OUT.]

Director Skoien: You mean no one’s ever there that would go and use the water, or, I mean, how would…?

Tom Porter: We go in there, but we also have this good well that we talk about and that good well, ah, if there’s no water coming from the district then, that…

Director Skoien: Oh it’s hooked into that

Tom Porter: (inaudible) turn in, so we’ve always had water

Director Skoien: Oh

Tom Porter: I said I don’t want to use that I want to use district water

Multiple Voices

Tom Porter: and then we find out ah, just a few days ago, and that’s why you’re just getting this, ah, that there is no water coming from the district and there hasn’t been any water coming from the district and yet we’re paying ah, two thirty-five a month with no water? For years?

[LEW’S VIEW: AGAIN, THE PAGES OF INFORMATION MR. PORTER FURNISHED AT THE MEETING SHOULD NOT HAVE BEEN ACCEPTED AND DISCUSSED AT THAT TIME. THE PROCEDURE IS TO HAVE ALL MATERIAL TURNED INTO THE OFFICE FOR THE BOARD PACKET SO THE BOARD AND PUBLIC HAS ADEQUATE TIME TO REVIEW THE MATERIAL FOR MEANINGFUL DISCUSSION/ACTION. MR. PORTER’S CONTENTION NO WATER HAD BEEN DELIVERED BY THE DISTRICT IS NOT SUPPORTED WITH ANY FACT. A MONTHLY SERVICE CHARGE IS PAID WHETHER A CUSTOMER ACTUALLY CONSUMES WATER OR NOT.]

Dan Tynan: One thirty-five I believe

Tom Porter: It used to be one thirty-five

IGM Tynan: Oh, I see

VP Lew Richardson: Because you haven’t been using water?

Tom Porter: We have been, we’ve been using it but

Unknown: the well

Director Emery Ross: That’s the service charge

Tom Porter: the well has been kicking in because the water wasn’t coming from the district, it should have been. In other words, Ron I said, I told him OK, Ron Young my onsite guy, I said, I, I don’t want to use our well for that, it’s OK for the landscaping but I want to use the district water, and I’m a good customer I want to help out the district, you know that, so (laugh) so anyway, he then called me to my ah corporate headquarters in San, ah, San Ramon he said we have no water. And I said sure you do. I said I put in twenty-four thousand dollar 10 inch main down there, ah, at ah, the insistence of Bob Kent, ah to serve us and so ah, as soon as the staff knew about this they came ah readily came and they tried to solve the problem. I came over there and I said hey, you can’t find it here, you can’t find it here, you can’t find it here, let’s go up to the middle of ah Ranchito and Merced Falls Road where it’s hooked in there, where it’s hooked into the 10 inch main. We went up there and we found it yes?

Director Ross: Found what? A meter?

IGM Tynan: Ah, in the middle of the road there was a plate, there’s about four, three shut offs right there

Director Ross: Oh

IGM Tynan: one had the plate, it had been tarred over, I had to take a screw driver to pry it open, turned it on, it was shut off for some, some reason, I don’t know

[LEW’S VIEW: THE FACT A COVER PLATE HAD BEEN TARRED OVER IN NO WAY INDICATES HOW, WHEN, OR THE LENGTH OF TIME IT WAS IN THAT CONDITION. ASPHALT AND TAR ARE READILY AVAILABLE COMMON CONSTRUCTION MATERIALS.]

Director Ross: So it was one in the street?

Director Skoien: Did it get shut off when you had the break right there at that intersection?

IGM Tynan: No, those are, those other two shut offs over there, that connect that

Tom Porter: Well I guess the question is, do you want to give hundred dollar bills or how we getting some money

(Laughter)

[LEW’S VIEW: MIGHTY PRESUMPTUTIOUS QUESTION AS TO HOW CSD WILL PAY MR. PORTER OVER $11,000 BASED ON HIS ALLEGATION A STREET VALVE HAD BEEN SHUT OFF FOR YEARS BY AN UNKNOWN INDIVIDUAL.]

Director Victor Afanasiev: I have a question Mr. Porter

Dan Siria: (Retired LDPCSD employee): It was Wes that turned that off

President Kinsella: Say again?

Dan Siria: It was Wes that turned that off after they put the well in

[LEW’S VIEW: THIS IS A REFERENCE TO MR. WES SNYDER WHO STARTED WITH THE WATER COMPANY BACK IN THE LATE 1960s. MR. SNYDER WORKED NOT ONLY AS THE GENERAL MANAGER, BUT WAS A BOARD MEMBER FOR MANY YEARS AND WAS ALSO AN EMPLOYEE OF MR. PORTER’S DEERWOOD CORPORATION. UNFORTUNATELY MR. SNYDER RECENTLY PASSED AWAY.]

Director Afanasiev: Yeah but how was the meter read?

Director Skoien: Then why would the meter change where they get these different figures to bill you?

Tom Porter: I want to know that too, I want to know who read them and how we

Director Ross: (laughing)

Tom Porter: got sometimes a big bill and sometimes a little bill

Director Skoien: But you got past

Tom Porter: (inaudible)

Director Skoien: records that show

Tom Porter: water (inaudible) I want to know

IGM Tynan: I just

Tom Porter: (inaudible) Wes was never told to turn anything off

[LEW’S VIEW: A FEW MONTHS AGO THE CSD DID NOT REQUIRE MR. PORTER TO PAY APPROXIMATELY $6,000 IN RECONNECTION FEES BECAUSE THE FORMER GENERAL MANAGER MADE A SPECIAL DEAL IN WRITING TO THAT EFFECT, DESPITE OTHER CUSTOMERS HAVING TO PAY THAT FEE. MR. PORTER’S ARGUMENT WAS THE CSD SHOULD HONOR AN ACTION BY ONE OF ITS EMPLOYEES WHETHER HE HAD THE AUTHORITY TO MAKE SUCH AN AGREEMENT OR NOT. SIMILARLY, IF AN EMPLOYEE OF THE DEERWOOD CORPORATION SHUT THAT VALVE OFF IT WAS ALSO DONE WITH THE IMPLICIT AUTHORITY OF MR. PORTER AND HIS DEERWOOD CORPORATION. ANOTHER ASPECT OF THIS MATTER WOULD INVOLVE WHEN MR. SNYDER SHUT THE VALVE OFF AND WHETHER HE HAD THE AUTHORITY TO WORK ON PUBLIC UTILITY EQUIPMENT. WHO WAS TO RECEIVE A BENEFIT FROM SHUTTING OFF A VALVE SUPPLYING WATER? CERTAINLY THE CSD HAS NOTHING TO GAIN BY PREVENTING FLOW OF THE BILLABLE CONSUMPTION OF WATER.]

IGM Tynan: Well, this all came to me this morning

[LEW’S VIEW: TYPICAL SANDBAGGING. NO ONE COULD BE PREPARED FOR SUCH ACCUSATIONS AND DEMAND FOR A REFUND OF MONEY GOING BACK MANY YEARS.]

Director Skoien: Yeah I was just wondering if they have past bills that show the meter reading, start and finish (inaudible)

Tom Porter: They should have something

IGM Tynan: Syndie will

Tom Porter: that matches this

President Kinsella: Yeah

Tom Porter: we’d like to know who did read the meter

President Kinsella: there’s going to be some record of it

Multiple voices

Tom Porter: You have records that would show this, but I am saying that ah, this is kind of like the other one, ah, that we have been paying and not getting any service.

[LEW’S VIEW: YET THE FLUCUATION OF BILLING INDICATES WATER WAS ACTUALLY FLOWING.]

Director Skoien: IS it on now? Did you get it on?

IGM Tynan: Yes, yes, it’s on

Director Skoien: The big, square ones?

IGM Tynan: Ah-hum (affirmative answer) yeah

VP Richardson: So now consumption will be going up?

Tom Porter: Of course it will, of course it will

Tom Porter: because you’re going to be ahh

VP Richardson: Because you’d rather pay us than use your well?

Tom Porter: (inaudible) well whether I pay you or I pay PG&E to run the pump, we’re talking the same dollars probably. Yes?

[LEW’S VIEW: MR. PORTER MADE THE BUSINESS DECISION TO CONNECT TO OUR DISTRICT WATER SYSTEM DESPITE HAVING A PRIVATE GROUND WATER WELL, IF THE COST IS THE SAME (CSD OR ELECTRICITY FOR A GROUND WELL) WHY PAY FOR SUCH REDUNDANT SYSTEMS? IS THIS WHAT WAS REALIZED AFTER THE FACT AND MR. PORTER NOW WANTS CSD TO REFUND $11,000 + FOR HIS OWN POOR BUSINESS DECISION?]

IGM Tynan: Yeah I was just thinking, I’ll get with Syndie as soon as she gets back and she call pull up the past meter readings and all that because if it’s shut off, ah

Tom Porter: Sure, sure

Director Afanasiev: There shouldn’t be any readings then

VP Richardson: That’s right

Director Ross: Could you come back to the board next month with what happened?

IGM Tynan: Yeah, yes

Director Ross: OK, thank you.

Director Skoien: See if it was ever s,ss, somewhere down on the zero use list it should have been right?

VP Richardson: If it wasn’t used there should be nothing

Multiple voices/cross talk

President Kinsella: (inaudible) I want to find out why, what the meter consumption is and who reads the meter?

Tom Porter: …that’s what’s got me too

Multiple voices/cross talk

Tom Porter: (inaudible) I’m signing checks signing checks, I’m not paying attention but hey, we didn’t, weren’t getting the water.

[LEW’S VIEW: I’M SORRY BUT IT IS NOT CSD’S DUTY TO ADMINISTER TO THE DEERWOOD CORPORATION’S BUSINESS – MR. PORTER ADMITS HE WAS NOT PAYING ATTENTION AND CSD RATEPAYERS SHOULD NOT BE HELD FINANCIALLY RESPONSIBLE FOR HIS NEGLIGENCE.]

VP Richardson: Yeah, but how could there be consumption if you weren’t getting water?

Tom Porter: I want to see who read the meter and

Director Skoien: Well was the meter off too?

President Kinsella: That was my statement (laughs)

VP Richardson: Yeah

Director Skoien: Was the meter off?

Tom Porter: (inaudible) how that happened?

President Kinsella: Say again?

Tom Porter: I’d like to know how that happened?

President Kinsella: Yeah

Tom Porter: how they (inaudible)

Director Skoien: Wait! Excuse me, now, I, was the meter off also?

IGM Tynan: I’d have to check with Randy, I got there after the fact and I got there with Mr. Porter

Director Skoien: because if the meter wasn’t off (pounds table) and even though if the valve was leaking through, then maybe some water was being used along with the well water if the meter wasn’t off.

Tom Porter: Where would it come from?

Director Skoien: Well if the valve wasn’t quite working in

Tom Porter: How tight was it Dan?

[LEW’S VIEW: AGAIN, HOW TIGHT THE VALVE WAS WHEN MR. PORTER HAD THE IGM COME OUT TO INSPECT IT IS NOT EVIDENCE OF THE LENGTH OF TIME MUCHLESS MOTIVATIONS FOR IT BEING TURNED OFF IN THE FIRST PLACE.]

Director Skoien: Well it can be tight and it cannot be closed

President Kinsella: This is all supposition let’s get the facts

Director Skoien: No I’m just saying

IGM Tynan: Yeah

President Kinsella: I’d prefer to deal with facts rather than supposition

Director Skoien: (Sternly) Since when?

President Kinsella: What?

VP Richardson: Whoa

Director Skoien: Since when?

VP Richardson: Whoa

Director Skoien: (starts laughing when his comment was obviously not well received)

President Kinsella: You know….

Director Skoien: (Continues laughing)

Tom Porter: Since when Mr. Chairman?

President Kinsella: Go ahead

VP Richardson: That’s interesting, to say something like that after the reports you guys made on Poe.

Director Skoien: Oh yeah

[LEW’S VIEW: GOOD HEAVENS. DIRECTOR SKOIEN ASKING SUCH A QUESTION WHEN IT HAS BEEN CLEARLY DOCUMENTED WITH VERBATIM TRANSCRIPTS OF THER OWN WORDS THAT BOTH HE AND DIRECTOR EMERY ROSS PROVIDED FALSE INFORMATION TO THE BOARD AND PUBLIC REGARDING THE METER REMOVALS ON THE POE PROPERTY? AS FAR AS MR. PORTER’S PARROTING COMMENT – I BELIEVE MOST PEOPLE CAN DECIDE FOR THEMSELVES ABOUT THE DEERWOOD CORPORATION’S BUSINESS PRACTICES AND THE DAMAGING RESULTS TO THIS COMMUNITY.

PERSONALLY I THINK MR. PORTER SHOULD FOCUS ON HOLDING ON TO WHAT HE HAS ALREADY CONSTRUCTED IN DON PEDRO RATHER THAN INSULTING PRESIDENT KINSELLA WHO HAD SHOWN HIM NOTHING BUT RESPECT AT THE MEETING. INSULTING COMMENTS LIKE THESE TEND TO MAKE ME FAR LESS SYMPATHIC FOR THE OVER 150 FORECLOSURES PORTER AND HIS DEERWOOD CORPORATION HAVE EVIDENTLY RACKED UP. HOW IS THAT AFFECTING PROPERTY VALUES AND THE APPEARANCE OF OUR COMMUNITY?]

Tom Porter: It looks to me like, we’ve resolved two of the lots, the other three are going to be studied by the ah committee

[LEW’S VIEW: NICE TRY, BUT WITH THE IMPROPERLY SUBMITTED MATERIALS, LACK OF NOTICE AND ALL THE MULTIPLE VOICES/CROSS TALK AND INTERRUPTIONS NOTHING WAS CLEARLY RESOLVED OTHER THAN TO INVESTIGATE FURTHER AND REPORT BACK TO THE BOARD AT THE NEXT MONTHLY MEETING.]

President Kinsella: Yeah we just have to, we just have to get the backup paperwork for it and make sure

Tom Porter: And ah, then this one there’s got to be some resolution to this

President Kinsella: Yeah we’re going to have to figure that out too

Director Ross: Come back next month with a report on this right Dan?

IGM Tynan: Yeah, I’ll get the meter readings

President Kinsella: Go way back to ’07 that’s a long way

Tom Porter: Yeah

Director Skoien: Well look at that one in November (inaudible)

Director Ross: Do you remember when I said at a meeting Bill, that Jason said, do you remember what I said at a meeting long ago, I said, he said, you’ve got the same problem at Tom’s house as you’ve got at the dump, at, at the, and nobody ever said anything, and then they said it was a different meter, but he said that there’s a problem with his place and the sewage plant and there, there, now we got it. There it is, there it is…..

IGM Tynan: No, it’s two different things.

Director Ross: Well, it’s it’s a problem isn’t it?

IGM Tynan: Oh yeah, yeah

Director Ross: (Laughing) OK

[LEW’S VIEW: THAT COMMENT WAS SO TYPICAL OF DIRECTOR ROSS IT DOESN’T EVEN DESERVE A RESPONSE.]

IGM Tynan: We had the same meter problem at the high school

Director Ross: (inaudible)

Multiple voices background

President Kinsella: The 475 is what bothers me too how could it jump that much?

Tom Porter: That, that, I want to ah, be there and see who, who read the meter and how does it jump from 135 to 558 or something like that?

President Kinsella: 662, 310

Tom Porter: Yeah, yeah

President Kinsella: 475

Tom Porter: You, we can look, we can back check that too, we could look at your books to see if you need money that month.

[LEW’S VIEW: PECULIAR ATTEMPT AT HUMOR CONSIDERING THE DEERWOOD CORPORATION NOT ONLY PLAYED A MAJOR ROLE IN USHERING OUR COMMUNITY SERVICES DISTRICT TO NEAR BANKRUPTCY BUT IS APPARENTLY IN GREAT NEED OF MONEY ITSELF.]

Unknown: laughs

VP Richardson: You paid the bills (laughs)

Tom Porter: My fault huh?

VP Richardson: Yep

Tom Porter: OK, I,

President Kinsella: I wasn’t, I wasn’t running, so don’t blame me for that one

Tom Porter: Ah, no, ah, thank you all.

VP Richardson: Thank you

Director Skoien: Thank you

President Kinsella: Thank you

Director Ross: We’ll get it straightened out

[LEW’S VIEW: PRETTY BOLD STATEMENT FROM A DIRECTOR WHO ……….

AHAAAA, WHY BOTHER? IT WOULD TAKE TOO LONG AND THE WEEKEND IS HERE AND USUALLY TOO SHORT!]

President Kinsella: And the committee will get back to you Mr. Porter

Tom Porter: And I have two more wells, two. In case you’re really in deep trouble I got some more wells.

[LEW’S VIEW: YEAH, YEAH, YEAH…..PAWN OFF WELLS, OR IN OTHER WORDS, NEGOTIATE THE TRANSFER OF THEM SO CSD WOULD BE FINANCIALLY RESPONSIBLE FOR PERPETUITY. GUESS WHO PAYS FOR THAT OSTENSIBLY GENEROUS OFFER?]

VP Richardson: Boise had 14 of them at one time.

Tom Porter: Yeah, well we’ve got some more ah, I think we’ve got 4 or 5 more down at the Country Club

IGM Tynan: I’ll give you a call

Multiple voices

Director Skoien: Boise had 14 out here at one time?

VP Richardson: Yeah

Director Skoien: 14?

VP Richardson: Yeah, and then they abandoned them for some reason.

President Kinsella: OK

Director Skoien: There’s ah, maintenance and they wanted to be gone

Multiple voices [Mr. Porter and company leave Board Room]

Dan Siria: That whole thing is confusing ‘cuz I remember that, they did use water out of that meter, they had what? That’s a two inch meter?

IGM Tynan: It’s a two inch meter

Dan Siria: Two inch meter, sometimes it was zero, other times it was two to three hundred units

[LEW’S VIEW: HARDLY SOUNDS LIKE THE STREET VALVE WAS SHUT OFF AND NOT ALLOWING WATER TO PASS FOR YEARS HUH?]

President Kinsella: Yeah but who was the guy that was reading the meter?

Dan Siria: All of us,

Director Skoien: You see that valve might not have totally closed

Dan Siria: That, that’s, and that line came from a 10 inch he said?

IGM Tynan: That’s what he said

Dan Siria: Or what he, they tapped into a two inch line into the 10 inch is what

IGM Tynan: No, it’s off the main

Dan Siria: Well yeah, but, I mean the service line.

IGM Tynan: Oh yeah

Director Skoien: Yeah, he said the main was 10..

President Kinsella: Onward and upward, any other comments from the (laughs) from the audience?

[LEW’S VIEW: AUDIENCE? ONCE PORTER AND HIS EMPLOYEES LEFT IS WAS A TYPICAL ATTENDANCE — LESS THAN A HANDFUL OF PEOPLE.]

Director Skoien: (inaudible) the valve didn’t quite shut

(TO BE CONTINUED)

Have a relaxing and safe weekend.

My best to you and yours, Lew

OMIDPOU = Outside Merced Irrigation District Place of Use

This 1978 MID Map of Areas of Domestic Water Use depicts the residential subdivision and golf course.  The subject matter of this posting concerns properties located within the small white square between the words “Barrett Cove” and the section number “27”.  The small triangle to the left (west) of the white square (below the number “27”) is the location of the former Deerwood Corporation Sales Office.  (Corner of Ranchito Drive and Merced Falls Road)  The red line identifies the Tuolumne-Mariposa County line.

WATER LICENSE 11395: August 1983: Domestic use at home sites within the service area of Sierra Highlands Water Company and a 55 acre golf course.  (Above map indicates golf course is actually 155 acres)

PHOTOS: Portions of Kassabaum Estates discussed in the last blog posting.  The former Deerwood Corporation sales office is in the background to the right of the white storage buildings.

NOW BACK TO THE JANUARY 17th, 2012 LDPCSD BOARD MEETING AND MR. THOMAS PORTER’S REQUEST FOR WATER SERVICE TO OMIDPOU PROPERTIES.

XXXXX

Tom Porter: The other one I want service there and, in other words it’s in, within the district, and ah I want to know if you’re not willing to serve it what, what is the basis of your reason for rejecting

Inaudible-multiple voices

Director Skoien: What’s entailed there with getting water?

IGM Tynan: It’s outside place of use

Background talking

Tom Porter: In other words, there is a property to the east of us getting water and they’re bringing their line through our property and they’re also hooking up to a service to, to a meter that is on the corner of a lot we were going to build on – across the street on Merced Falls Road

Director Skoien: OK, wait, wait a minute I’m I’m I’m getting a

Tom Porter: confused

Director Skoien: Yeah, and not afraid to admit it (laughs) OK, let’s go by these numbers, 44, 45 and 46 OK?

Tom Porter: OK

Director Skoien: 46 is getting water?

Tom Porter: no, they’re not getting ah, ah, they’re not getting water from this district no.

Director Skoien: Oh, OK, where, whose using your other lot’s meter and getting water? One of those three?

Tom Porter: I’ll show (inaudible) point it out to all of you it that’s permissible

Multiple voices

Tom Porter: OK, this 40 acres right here

President Kinsella: OK

Director Skoien: I can’t see it

Tom Porter: is being served right here

Director Ross: (inaudible)

Tom Porter: there is a lot across the street, across Merced Falls Road

Director Skoien: You mean this one here?

Tom Porter: Yes

Director Skoien: OK

Tom Porter: And what they do is, they took, they hooked to the meter and they went through a drainage pipe that is underneath ah, Merced Falls Road, they came up here and they go, they traverse ah the west line of these properties and they get up to here and they have dug a trench in here and brought the pipe up here up in here and he’s right there’s a leak (inaudible) but they, leaks along here

President Kinsella: So it runs through your property then?

Tom Porter: They did without our permission and also they have a road in there without our permission

Director Skoien: OK now right in here, where is your, this is your Deerwood Offices right here?

Tom Porter: Yes

Director Skoien: OK, I’m just trying to get oriented

President Kinsella: Trying to get oriented

Director Skoien: Yeah, yeah, so these lots, this lot is behind your office and then this is further I guess south down Merced a little ways and then this forty acres behind is not yours

Tom Porter: No

Director Skoien: and the meter is on, what meter is he tied into?

Tom Porter: Ah, it’s, what lot is that Randy?

Unknown: If I had a map I could show you

Tom Porter: It’s 180 or something like that?

Unknown: It’s 580

Multiple voices-inaudible

Tom Porter: 580, 580 I’m sorry.

Betsie Ross: Did those two maps stick together? (inaudible)

Director Skoien: OK, so what is entailed in in putting lines there, it’s not as easy as Torre or what?

IGM Tynan: No because the thing is, again, going by the map in the office it’s showing ah these properties being inside the district boundaries but outside place of use

Tom Porter: Doesn’t make sense

President Kinsella: But he’s been paying availability?

IGM Tynan: No

Tom Porter: No

VP Richardson: No, not on these

Multiple statements of “no”.

Director Skoien: Now are you saying, that you’d be willing, are you going to pay back availability or that’s not

Tom Porter: Hey we’re here ah shooting the dice here right now

Director Skoien: (laughing) no I just, I

Tom Porter: In other words, in other words I’m here to say that I’d like to have service here, if you, if you say OK you owe us availability since we bought the property I’d be willing to do that. Ah, to keep the record straight.

[LEW’S VIEW:  I’m sorry, but if any availability fees are to be paid for ANY PROPERTY, shouldn’t they go all the way back to when all other property owners were required to pay and financially support this district?]

VP Richardson: But we still have the issue of outside MIDPOU

President Kinsella: Yeah

Tom Porter: Well it’s within your district.

VP Richardson: Well they’re two different animals.

Director Ross: Bill

President Kinsella: The license is what we, one of the things that we’re concerned about

VP Richardson: Because any water supplied to those properties would have to come out of the Ranchito well and as that board right there behind you says the Ranchito well is not producing enough.

Tom Porter: Well what, ah, why would with over 5,000 acre feet of water in McClure and you’re using only what 1,500 feet of that?

Director Skoien: If that

President Kinsella: If that

Tom Porter: Why do you need a well?

VP Richardson: That’s what the State Water Board says because of our outside

Director Skoien: That’s been my opinion all along but evidently it’s a law

Tom Porter: It’s a law that you can’t serve within your district?

President Kinsella: No

Director Skoien: No it’s kick, it’s a sleeping dog that’s been kicked, let me just say that.

[LEW’S VIEW: THE FEBRUARY EDITION OF THE FOOTHILL EXPRESS INCORRECTLY ATTRIBUTED TO ME THE ABOVE STATEMENT.

ILLEGAL CONNECTIONS MADE IN VIOLATION OF CLEAR WATER LICENSE RESTRICTIONS ALONG WITH RECENT PROPOSALS TO CONTINUE SUCH ACTIVITY IS HARDLY ANALOGOUS TO AN INNOCENT SLEEPING DOG UNDESERVING OF SUCH INHUMANE AWAKENING.  INTENTIONAL DISREGARD FOR REGULATIONS IS MORE LIKE A RABID DISEASED ANIMAL IN DESPERATE NEED OF EUTHANASIA.]

Tom Porter: You know, I’d like to tell you a little story, I’m a good story teller. Brook Trails where we have a 160 lots, sold 2,500 up there, just lost another 280,000 on this kind of a thing, they’ve lost the, in 2011 they lost 600,000 in ’94 they lost a million two. In other words they filed suits, if this, if you’re supposed to be serving water within your district then we’ll test it, it’s not a threat, I’ll just get my attorneys we’ll work on it, and see whether you guys should be ah, I can understand if somebody is outside of your district and it’s the sphere of influence, you should say no, I agree with that. But here you’ve got somebody past me taking water and ah, with a real, make shift deal of, yes Dan?

IGM Tynan: I was just thinking of, I think it would be clearer if we got you gave you a copy of the contract with MID, because that’s our problem it’s almost, MID has our hands tied because our contract is with them, they have us inside place of use, outside place of use, but if I gave you a copy of the contract maybe you can read it over

Tom Porter: Oh I’d love to have a copy so that I could then present that to my attorneys and we go from there.

VP Richardson: Yeah, because it all has to go before the State Water Board

Tom Porter: well

VP Richardson: and MID doesn’t want to go to the State Water Board to expand the license where we can serve, we can only serve

Tom Porter: (inaudible)

VP Richardson: domestic home sites.

Tom Porter: I’m sorry Lew, they gave you the right to serve within this district

VP Richardson: No they did not

Director Afanasiev: They didn’t

Tom Porter: They did

VP Richardson: No they did not

Director Afanasiev: No

Tom Porter: Well, then let, can I ask, may I ask a question?

VP Richardson: Sure

Tom Porter: If somebody over here is not using water on a lot but they’re within the district, do you have to serve them or not?

VP Richardson: Yes. My Mom, my mother has been paying standby availability for 20 years and she hasn’t used one drop of water.

Tom Porter: So, ahh, but, so, the thing that really stops this in your opinion is availability fees, is that right?

VP Richardson: No, I, I

Director Afanasiev: No it’s MID

VP Richardson: The water license 11395 says we can serve water to the subdivision and to the golf course period. That’s it.

Tom Porter: Well how are you doing this other 40 acres there?

VP Richardson: Well just like a number of other properties that got under the radar in the past, when the license wasn’t acknowledged and LAFCo wasn’t aware of it, they rubber stamped things, we have to deal with them, and MID snapped us in the early 90’s and we had to go to the Ranchito well because we cannot serve Lake McClure water to outside MIDPOU properties, so the Ranchito well must produce that water.

Director Ross: I have a question Bill. I, I emailed Elizabeth and I asked her about this, you look at her ah report of a 12-13-11 she says, therefore we advise against committing any Ranchito well water to new users. So (cough), excuse me, I asked her, ah what does that, could you please clarify what that means? You know, new users, right? Ahum, she says, the study covered the engineering aspects not administrative or legal of the Ranchito well which includes the well productivity versus water usage outside the MID Place of Use. The ah usage data we were provided was a list of 34 to 36 customers who are outside MID Place of Use and goes back to a decade. Syndie provided the ah, the sphere sheets and I do not know whether the ah sphere sheets include everyone with a physical connection outside the MID Place of Use. The quest….I’ll stop right there, my question to her is, your example, you’re within the district boundaries,

Tom Porter: yes

Director Ross: you may or may not have been paying availability there maybe people that are but if you’re within, why can’t we serve these people because we’ve committed you know, the, ah, it’s within the boundaries. Anyway she says we don’t have any information in this office on parcels outside the place of use who have or have not been paying availability charges or any other fees, it is difficult for us to make a recommendation on drilling a new well since we do not know the extent of the situation. So I said to her well then let’s just put a new well in there. She said I don’t know. Ah, it is a very good question and brings up good legal, financial and administrative questions we are willing to help with this if possible and if needed. I mean, if somebody, you have this boundary ah and Schartz, he was when here he was outside, he’s a different issue, but here’s this thing that’s within the boundary the district should have a policy, because we set policies, that should say that we serve people who are not – that are within in boundary, you know, we set policy. Or we have a policy that says we don’t serve people within our boundary, but to me, we, we, we’ve now raised, ah created a monster by doing a well report and it says (pounds board table) we can’t serve anybody else so now it’s time to (pounds table) drill a new well because you’ve got people like Mr. Porter who has these lots within the district boundaries that want water, he’s not outside the boundary like Schartz was or you’re just gonna say we don’t serve everybody, I don’t know but everybody within the boundary (pounds table) we should be serving. Correct?

[LEW’S VIEW/QUESTIONS:  Created a monster by determining what the sustainable yield of the Ranchito Well actually was?  Would it have been better to ignore the situation and keep adding connections to it until it went dry?  The fact Mr. Schartz was outside the district boundary certainly did not stop Directors Ross and Skoien from advocating that another OMIDPOU parcel be connected to the system. ]

VP Richardson: Not necessarily

Director Ross: Well, then set up, you come up with a policy because that’s all we do.

VP Richardson: Well it would be nice if we did have policies but first we have to do the research to see exactly what’s been done in the past.

Director Ross: Well, its, its people have been hooked up in the past.

VP Richardson: Illegally

Director Afanasiev: Right

Multiple voices

Director Ross: Illegally, legally what ever you want to call it

VP Richardson: Well, ill – illegal in the, in the regards to a license 11395 and MID made that perfectly clear.

Director Skoien: See that to me, I’ve said this several times here, and I know Lew knows where I’m going, a lot of, all these efforts with lawyers and committees, if any of us knew what the hell we were doing and how to do it, what needs to be changed is that part of the law that says we have to pump, make up that water out of our well for the simple reason like you said, we use 1/5^th of what we’re allotted. We get plenty allotment to fill, feed whoever wants water and those are ratepayers and that’s what we need here are ratepayers but because of this stigma of that law, somehow we should fight to change that. That well and I think this gentleman and Dan will tell you should be just backup because it’s it’s corrosive to our system, it’s it’s crap water compared to the lake water and if you had an common sense since we’ve never come close to using our (pounding table) allotted water that well should go on emergency backup and we should be allowed to serve water until we use up 5,000 acre feet

Tom Porter: I agree

[LEW’S VIEW:  Evidently some basic factual information is not being understood here for some reason.  Let’s try again:    LAKE McCLURE WATER CANNOT BE SERVED TO PROPERTIES OUTSIDE THE MIDPOU BECAUSE IT WOULD BE A VIOLATION OF THE WATER LICENSE WHICH WOULD SUBJECT MID TO SERIOUS FINANCIAL PENALTIES.  INTENTIONAL BREACH OF OUR WATER CONTRACT COULD POTENTIALLY HARM EVERY SINGLE RATEPAYER IN THIS DISTRICT!]

Director Skoien: and we’ll never see that in our lifetime probably.

VP Richardson: But, but we have to think

Director Skoien: 5,000 acre feet I hope we see that law changed

VP Richardson: But Mark, first of all it’s not a law it’s a license

Director Skoien: OK license, then that

VP Richardson: The second part is we have a fiduciary duty to over half this subdivision that isn’t developed yet, they have the primary right to that water because they have been paying availability fees

Director Skoien: Right

VP Richardson: for decades

Director Skoien: Right, but if we get rid of that, that license there’s plenty

VP Richardson: You don’t get rid of a water license

Director Skoien: Get the water license changed

VP Richardson: That’s what we were trying to talk with MID about

Director Skoien: We have more than enough in our allotment that handle every other lot if they should build, I mean we’re about half

VP Richardson: And you would have the Delta-Bay Area people all over us in court.

Director Ross: So you’ve talked

Director Skoien: Why is that?

Director Ross: to MID about this? What did they say?

VP Richardson: Oh they’ve been talking about this for decades Emery

Director Afanasiev: They will not allow it

Inaudible-multiple voices

VP Richardson: They will not touch it

Director Skoien: Touch what, I didn’t…?

VP Richardson: Our place of use modification for 11395

Tom Porter: You know the only place that that term is used is here.

VP Richardson: What, water license?

Tom Porter: No, place of use, you have a district and you have outside the district, El Dorado Irrigation District, ah, Brook Trails Community Services, they have a district boundary, if you’re within that boundary they serve

VP Richardson: Well

Tom Porter: And place of use I don’t know where that came from

VP Richardson: Well as you know the district boundary was changed to go around those properties that you purchased

Tom Porter: Well, no it wasn’t

VP Richardson: It went outside, see our, originally our district coincided with the water license

Tom Porter: Ah-hum

VP Richardson: Then as people said hey I’m right across the street I’ll be a good customer, hook me up, nobody really paid attention and they ran a line out. And then someone else – hey you did it for him, do it for me, so they ran another line out over there and then pretty soon we had lines going all over the place and when MID snapped us for the 11395 that’s when the Ranchito well came in, and when we said well please, please, please let us change the license to coincide with the people we’re serving, basically it was – you created the problem you deal with it.

Tom Porter: So in the meantime, (laughs) in the meantime we have 40 acres being served past my property, through my property, ah but I can’t get it?

[LEW’S VIEW:  WHEN YOU FIND YOURSELF IN A HOLE (WHICH OUR CSD HAS IN REGARDS TO SERVICE TO OMIDPOU PROPERTIES) YOU SHOULD STOP DIGGING!]

Director Skoien: OK, but I, and I have a question about that. The meter that that guy’s pulling off of is

Unknown: Somewhere

Director Skoien: only in the district but it’s it’s your lot across Merced Falls Road?

Tom Porter: Yeah, we were going to build a house there

IGM Tynan: That’s across, yes it is across the street

Director Skoien: OK and it’s not within the service district boundary or it is?

Tom Porter: Oh it is, it is one of, one of the lots that (inaudible)

Director Skoien: and it has, it has a meter?

IGM Tynan: What they’ve done is they’ve taken..

Director Skoien: Wait I’m getting to a point, who’s paying the bill, are you, you

Tom Porter: No I’m not paying the bill, I’m

Director Skoien: OK, but the meter is

Tom Porter: There was two car loads of people came up here, ah, I saw them a week ago and they said we’re looking for something and I said what are you looking for? They said that, they have a property over here, ah, over, and they pointed in the direction of this 40 acres and my understanding is there’s a squatter that lives there now. Ah, he’s living there the owner doesn’t and they said

Inaudible unknown

Tom Porter: our Auntie, our Auntie owns that property and I said well I know where the water hookup is, the water hookup is on that lot, I showed it to him. I said that’s where it’s hooked up and then I showed him exactly where it came up through and went through my property. SO

Director Skoien: And who pays that bill?

Tom Porter: This,

Dan Siria: The lady that owns that property

Multiple voices

Tom Porter: And, and, and what they did they came up and said OK, Auntie isn’t there anymore, the squatter’s there and the bill came to 800 and some dollars and they, this all of a sudden got their attention.

IGM Tynan: Shut their water off

Director Skoien: OK, so they, OK they, they’re the ones that have the property that the meter is on

Dan Siria: No

Dan Tynan: No

President Kinsella: No

Unknown: No

Director Skoien: You have it, OK, so how did they get billed the water if the meter is in….?

IGM Tynan: Can I explain?

Director Skoien: Yeah, yeah I don’t get it…(laughing)

Multiple voices

IGM Tynan: OK, here’s Merced Falls Road, OK? We’re going this way, here’s Merced Falls Road, here’s the meter, you go over the road, go over a second road, and here’s the properties, outside place of use but the meter is inside place of use.

Director Skoien: Yeah, but how, that meter was assigned to him?

IGM Tynan: No

Unknown: No

Unknown: No

Unknown: Yes

Multiple voices/cross talk

Director Afanasiev: Then who was it assigned to?

Dan Siria: Not the meter, but the

Tom Porter: We never did start the home

Dan Siria: Right, right, the, that yoke there is his, but the other people are using it, the simple fix and that’s on the short side where the main is, would just run a new box for his property.

Multiple voices/cross talk

Director Skoien: No I’m just wondering how they pay for the water?

IGM Tynan: Well, who’s, who’s being charged again, Syndie hasn’t been here, I’ll have

Director Skoien: That’s what I’m wondering

IGM Tynan: to go see Syndie who’s , that’s what I need to find out but Syndie has been on vacation and ah, so I’m going to have to check with her, who the people are that’s paying for that meter and paying for that $800 water bill.

Director Afanasiev: Why are they paying?

IGM Tynan: Huh?

Director Afanasiev: What are they paying?

IGM Tynan: They’ve got an 800 dollar bill I assume they are

Unknown: Maybe if they don’t pay, maybe we can have that?

Director Skoien: I got no problem with you having it for all three of them.

[LEW’S VIEW: WHY IS THAT?]

Director Afanasiev: Yeah, but MID does probably

Tom Porter: Another thing, if you go up on Merced Falls Road just north of Ranchito, and look to the east, you’ll see a meter that goes to Doscher. He’s outside of the district, outside of the district outside of the place of use.

Director Ross: 35 of them Tom.

[LEW’S VIEW:  ACTUALLY 36 ACCOUNTS DIRECTOR ROSS.  I AM SURPRISED YOU ARE NOT MORE FAMILIAR WITH THAT FACT CONSIDERING YOU POSSESS TWO OF THOSE OMIDPOU CONNECTIONS THAT SERVE  YOUR COMMERCIAL CATTLE RANCH.  HOW COULD YOU MISUNDERSTAND?  THE OUTSIDE PLACE OF USE REPORT IS LISTED IN EVERY MONTHLY BOARD PACKET.]

President Kinsella: On the north side?

Tom Porter: No, he’s on the east side of Merced Falls Road.

President Kinsella: Ah, you go north on Merced Falls Road

Tom Porter: Yeah

President Kinsella: he’s on the east side

Tom Porter: he’s on the east, about I’d say a thousand feet up there

Dan Siria: There’s a lot of them like that, I mean when this place was done it was on the simple thing and ah

VP Richardson: right

Dan Siria: and where a

Multiple voices

Dan Siria: Craig Lawson lives, there’s one, two, three, three houses in there it’s the same thing, they’re getting their water off from Chicharra.

VP Richardson: Right. Things weren’t done properly a long time ago and it’s coming home to roost now.

Director Skoien: And there’s no way to determine who did them

Tom Porter: Well I know what I was told

Director Skoien: A lot of things happened in this office

Tom Porter: (inaudible) important to you

President Kinsella: Well let’s, I guess the simplest thing to do would be to confirm what Mr. Porter says, check our records, and then we’ll have to meld again, get together again, and see just exactly what to do along with the license

IGM Tynan: We’re still kind of messed up with the MID Outside Place of Use, inside place of use, I mean, I don’t, I can’t go against that contract but that’s why I brought it to the board because, you know, it is what it is with MID unless we can get them to (inaudible)

Director Ross: Is there any law or rule or anything that says we can’t put another well in?

Unknown: No, I don’t think so

Director Afanasiev: But where are you going to put it?

Multiple voices/cross talk

VP Richardson: And, and who’s going to pay for it?

Multiple voices

Tom Porter: And you do have another well

Director Ross: The district

VP Richardson: Why should the district pay for water to go outside the water license?

Director Ross: Because they’re gonna make money and you’re in the business of trying to pay your bills.

VP Richardson: Well then wouldn’t that be incumbent upon the people receiving the benefit to pay the charges for that well?

Director Ross: Normally the district doesn’t work that way.

VP Richardson: Well normally the district almost went bankrupt.

Director Ross: Well it did because of a publication, a newsletter, but that’s not here or there

VP Richardson: A what?

Director Ross: A newsletter did that, but anyway

VP Richardson: A newsletter?

Director Ross: A fruitless newsletter, which is (inaudible)

[LEW’S VIEW: I CAN APPRECIATE WHY YOU DON’T CARE MUCH FOR INFORMATION GETTING OUT TO THE RATEPAYERS BUT TO BLAME CSD’S NEAR BANKRUPTCY ON A SIMPLE LITTLE NEWSLETTER?  WHAT COLOR IS THE SUN IN YOUR UNIVERSE?)

Tom Porter: I have another thought here

President Kinsella: OK

Tom Porter: Ah

Director Skoien: Put a well on this property

President Kinsella: Ah Mr. Porter has the floor

Tom Porter: Number one, ehh and I know what you’re going to say the Board has to make all decisions, but a board member, Wes Snyder and Bob Kent both said, yes, we will serve that property (banging on podium) to me, personally. Now you’re going to say, well one of those people is in Heaven and the other one I guess still got a lawsuit.

[LEW’S VIEW: STRANGE SUCH AN IMPORTANT ISSUE WOULD NOT HAVE BEEN DOCUMENTED IN WRITING, SAY….SOMETHING LIKE A CONTRACT?]

President Kinsella: He’s waiting

Tom Porter: So, but anyway there’s a, one more thought, I have a very good well ah, if you look on the map and it says Deerwood lots, about where it’s

Director Ross: Which map Tom? Which map?

Tom Porter: This map right here, (inaudible)

Director Ross: This one

Tom Porter: You can look to the west of that, I have a, a very good well, and I’m wondering if we could ah, rather than get legal and run off through all that stuff, if we could have, make some agreement between me and the water district to use water from there?

VP Richardson: This map?

Tom Porter: Yeah, I’ll show it to you

Director Skoien: The well is on lot 46?

Director Ross: Which lot number?

Tom Porter: It is right there

Director Skoien: Oh just the outside

VP Richardson: Oh it’s a, OK

Director Skoien: It’s behind your offices

Tom Porter: Yeah, and it’s a very good well.

Director Ross: How many gallons a minute?

Tom Porter: Three or four times as good as your well

Director Ross: How many gallons a minute?

VP Richardson: Well then why don’t you just use that for your properties?

Director Ross: Where’s it at?

Director Skoien: He says it’s somewhere in here

Tom Porter: That’s not (laughs) ah

Director Skoien: Behind his offices

Tom Porter: in other words,

VP Richardson: I mean, it’s on your property

Tom Porter: No, it’s on that property, it’s not on the other properties

VP Richardson: No, no, no, no You just said you had a very good producing well, you indicated that it’s right here

Tom Porter: Yes

VP Richardson: and that’s your property where your sales office is right?

Tom Porter: Yeah

VP Richardson: Well then, why don’t you just use your own well water?

Tom Porter: And go into the PUC business?

VP Richardson: No, like anybody else that has a well, you

Tom Porter: Well it’s not, that’s not the same property those are four different properties, in other words, the minute I

Director Skoien: In other words he may sell them and then he would be responsible

Tom Porter: if I sell them to somebody

Multiple voices

VP Richardson: Well, no

Tom Porter: I can’t serve them water, you can, I can’t.

President Kinsella: Well, he’s right

Director Skoien: Can’t provide water to

Tom Porter: I can’t (inaudible)

Multiple voices

President Kinsella: It’s his well, it’s his well

Tom Porter: (inaudible) gave it to a

VP Richardson: It’s his well, if they’re his other properties

Multiple voices

Director Skoien: Yeah, but what if, what if he wants to have water to these to sell them then they’re not

VP Richardson: Oh so then the whole point of this is to get water to sell property?

Director Skoien: Well I’m not sure, but he has a right to sell them whenever, but he can’t provide water that

VP Richardson: Yeah but see, that’s another thing about our water rights, it’s for residential domestic consumption, it’s not for speculative land development

Director Skoien: Well how do you know, some residents

Tom Porter: (inaudible)

Director Skoien: aren’t going to build on these lots if

Tom Porter: somebody buys these things

Director Skoien: I mean, (inaudible-multiple voices/cross talk)

VP Richardson: If, if, if there’s a lot of ifs.

Director Skoien: Yeah, exactly. People could be living there five years from now, we don’t know

Tom Porter: Yeah, or two years, or one year.

President Kinsella: Dan this is an operational problem, how about ah, calling the Operational Committee together

IGM Tynan: OK, yeah

President Kinsella: and ah, iron out some of the issues here and then get back with Mr. Porter and ah, the board and we’ll all sit down together again, is that alright with you sir?

Tom Porter: Who is this operational committee?

Director Skoien: Me, Dan

Tom Porter: The two of you?

Director Skoien: And well, it’s always with the President

President Kinsella: Yeah

Tom Porter: The president too huh? OK, alright, I’ve got a shot

President Kinsella: I’m the titular head of it

Tom Porter: Well, I’ve got a shot

Dan Siria: The only way that you could get credit for your well is if it’s tied right back into the raw water line that runs down that same street

Tom Porter: Well, there’s a raw water line that comes up ah

Director Ross: Yeah

Tom Porter: Barrett Cove Road

Dan Siria: Right

Tom Porter: We know that and we could take some water over there if they needed it, really it’s not a need, you don’t need the water out of this well on Ranchito, ah, it’s, it’s, it’s

Director Skoien: It meets the license and requirements

Tom Porter: It, it, it’s to satisfy your requirements

VP Richardson: To keep us legal

President Kinsella: Yeah

VP Richardson: because, see MID could get slapped with a 25 to 50 thousand dollar fine if we screw up, because we operate underneath their license and they’re not real happy about some of the things we’ve done in the past because they have the liability for it with the State Water Board.

Tom Porter: Well, wha, OK Lew, you’re part of the board, what do you think of this idea of taking some water that I would offer?

[LEW’S VIEW:  ISN’T THAT THE SAME “CRAP WATER” DIRECTOR SKOIEN WAS TALKING ABOUT ABOVE?]

VP Richardson: I, I don’t know, I’d say if you have a good well, I think you should use your water.

Tom Porter: Well, I can’t sell to other people

VP Richardson: Well you’re asking us to

Tom Porter: you can

VP Richardson: change things with the State Water Board, I think you’d have a better chance of changing things to use your own water

Tom Porter: Well, get into the, I guess you have your other meeting

President Kinsella: Getting into, into the finer points of law

Tom Porter: then we find out that we have to go find out legally what is the status of the district and, and place of use and all those things.

President Kinsella: OK

Tom Porter: Yes sir?

Director Skoien: OK, but back to Torre then, you’re OK with those?

IGM Tynan: Yeah, Torre ah

Tom Porter: That’s finished

IGM Tynan: yeah,

Tom Porter: The only thing I would like to do is go with you when we decide where to put the laterals, there is a fire hydrant right to the corner of one of those pieces

IGM Tynan: (inaudible) mention this to Porter, I’ll get a copy, I’ll give you a copy of the MID contract and that way you’ll get more of an idea of the place of use

Multiple voices/cross talk

VP Richardson: We’re not agreeing to anything right now on these right?

President Kinsella: No

Director Skoien: It’s Operations

President Kinsella: I think that a, the Operations Committee should delve into this thing and gather all of the information possible and sit down with Mr. Porter and pick his brain for things as well as ours and present the package to the board.

IGM Tynan: It’s easier if the four of us get together and I can show you what I’m seeing on the inside outside place of use instead of just, you know, it’s hard to see if you’re

Tom Porter: And I don’t think it would hurt if this little committee actually went there and we show you exactly on the ground what it is

President Kinsella: Well that’s why I wanted, I want them to get together with you and your representative

Tom Porter: what has happened

Director Skoien: Yeah I got no problem with that (inaudible)

President Kinsella: So will you ah notify Mr. Porter when you guys want to meet and ah, his availability and then we’ll go from there.

IGM Tynan: Yeah I’ll get with you

Director Ross: Is this a Standing Committee?

President Kinsella: Agreeable Sir?

Tom Porter: Yeah, you bet.

Director Ross: Is this a Standing Committee?

President Kinsella: Yes it is

Director Ross: Then it’ll have an agenda and all that too in time?

Background voices inaudible

Tom Porter: I have more

Multiple voices/cross talk

Director Ross: If the public wants to attend

Director Skoien: Oh yeah, yeah cuz it would be a continuing subject

President Kinsella: Are we finished with this section of it?

Tom Porter: Yeah we are, we know that you’re going to provide laterals for those two pieces D and E, OK, we know that

Multiple voices in background

Tom Porter: now we’ll work out the details of where they go

President Kinsella: Right

Tom Porter: (inaudible) to his satisfaction

President Kinsella: OK

Tom Porter: OK

IGM Tynan: I’ll get with the engineer also

Tom Porter: OK, I, I guess the next thing

Multiple voices/cross talk/inaudible

Tom Porter: ….that ah

IGM Tynan: I don’t want to do the same thing..

President Kinsella: Order, Mr. Porter has the floor.

xxxxx  to be continued  xxxxx

My best to you and yours, Lew

Hello folks! Hope things are going well in your neck of the woods. I received the two January 17^th meeting audio cassette tapes from the office yesterday and quite frankly am burned out with typing today. Started before 0600hrs this morning and 26 pages later still haven’t finished Mr. Thomas Porter’s presentation on why some of his properties should receive water despite the prohibition in the water license of service to areas Outside Merced Irrigation District Place of Use (OMIDPOU).

No. Don’t panic. I’m not going to hit you with it all at once even though my instinct is to post whatever I finish as soon as it’s done. As you know numerous people have advised me to dribble such information out in more palatable portions – and I agree with that approach, besides, this way I can run over the tape one more time for accuracy.

Let’s see…..California residents probably know we received some rain on Friday January 20^th and Saturday the 21^st. Many areas of the subdivision lost power for about an hour and a half on Saturday. Still can’t believe the force of the wind here sometimes. Heard on the news this morning we’re only 38% of the snow pack – sure hope more is on the way. Crazy weather – last weekend it was like Spring – thought there must have been a beehive around my house somewhere because the Incense Cedar tree was covered with them. Yep, the buzzing was “intense” in the “Incense”…. Sorry, seemed funny at the time. Guess all this typing is starting to take its toll.

Well, guess I should quit with the blah, blah, blah for now.  Too bad though, this is easy writing compared to the transcription stuff.  I think the best way to proceed is with my opinion indicated within [brackets].  OK, let’s glide into the meeting……..

TUESDAY, JANUARY 17^th, 2012 REGULAR MEETING

Quorum established, all directors present (Kinsella, Ross, Skoien, Afanasiev and Richardson), along with Interim General Manager Dan Tynan. Board Secretary Charise Reeves was absent due to a training class. Pledge of allegiance was recited. President Kinsella advised that Wes Barton had dropped off a prepared statement he (Barton) wished to have read into the record, however, after reading the material Kinsella thought it best for Mr. Barton to read it himself at another time. During Public Comment neighboring property owner Don Pucilowski inquired if the district might be interested in getting rid of a derelict trailer.

MANAGER’S REPORT: IGM Tynan reported that by replacing laterals a reduction in leaks has been noted in problem areas. He advised the lead operator had hand surgery and was off for a while so only six hydrants had been flushed. 432 new meters and 644 transmitters have been installed. There has been a substantial reduction in overtime.

VP Lew Richardson questioned the Manager’s Report which indicated 1,387 billed metered customers however, that number only represented the 5/8s meter connections – [FOR THE RECORD, Director Emery Ross arrived late at 1311hrs] yet there were another 17 billed customers with larger connections (1 – 4 inch diameter and 6 inch fire hydrants) traditionally not included in that report. The Billing Officer will be contacted about the figures. Richardson also mentioned that the tank chart had omitted the diameter of the Coronado tank.

IGM Tynan while referring to a standing display board with photographs advised they had been getting alarm calls at an average of one every twenty-eight minutes but since the repairs to the SCADA (Supervisory Control And Data Acquisition) system and antenna there are only 5-10 alarms a week. The two generators have been installed at the tank sites at Arbolada and Alamo Drive and are awaiting some wiring and fencing. The “Blow Off” project (dumping of unwanted water out of the system) is nearing completion.

Director Ross questioned how much money was represented in recently completed Capital Improvement Projects. Director Skoien questioned the particulars on the Septic Repair/Upgrade project also listed on page 15. Director Ross asked a couple of questions regarding materials purchased for the AMR meter boxes and the attorney’s bill. Director Victor Afanasiev advised he had some questions regarding the attorney’s bill and wished to have a Closed Session regarding some issues he had researched about the continuing law suits by former employees.

Director Victor Afanasiev also questioned the Outside Place of Use report (Documents how much water is pumped from the Ranchito well and used outside our permitted license area under the water contract. This must be reported to the Merced Irrigation District every month.) in regards to a drastic spike in water use for one of the accounts (90 to 206 units) and another large reduction (102 – 22 units). Dan Tynan agreed to check with the office about the particulars. Director Ross voluntarily stated: “One of those is the fire station and one of those is the elementary school”. Afanasiev stated that was the problem – there was no identifying name on the accounts.

Director Ross stated CSD couldn’t provide such information and was the reason names were replaced with account numbers. Ross stated “we got it put back to numbers because there were names and so numbers is what it’s supposed to be just like your bills, you know, supposedly confidential”. Director Afanasiev indicated the usage information was not confidential because it was simply printed on post cards.

TREASURER’S REPORT and MID water bill payment were approved.

CONSENT CALENDAR: Minutes for the November 21, 2011 Regular Meeting and December 19, 2011 Special Meeting were approved. [December 19, 2011 Regular meeting Minutes had not been completed yet] Election/campaign material for other agencies discussed and deferred.

COMMITTEE MEETING UPDATES: No reports. Director Ross expressed his belief that the MID Committee (specifically investigating District Boundary issues and Outside MIDPOU service areas) should be changed to a standing committee rather than ad hoc.

TOM PORTER – Review request for service for several parcels (15 minutes).

Tom Porter (President of the Deerwood Corporation): Mr. Chairman, Members of the Board, ah, I have several items I would like to discuss this morning, ah, I wrote you about ah, getting some laterals put in and I previously had a ah onsite ah inspection with the ah interim general manager. We looked at the sites, ah, item E and D on your list of, ah those of course are being there’s availability charge being paid on those and for some reason the ah laterals were not put in ah to, there is a fire hydrant that actually goes right to the ah sites, and would be E, and then across the street ah would probably be a good place to put a lateral there, but, I’m, since ah, the interim general manager ah, was not in position to say yes I’ll put the laterals in, and he asked me to come to the board and I’m coming to the board to ask that you do that.

Director Mark Skoien: And you’ve always paid availability?

Tom Porter: Absolutely. I didn’t, I’m sorry I did not give you the (inaudible) here’s ah, would you like a copy of this Mr. Chairman?

[I would be more interested in knowing if these properties have paid availability since the very beginning like all the other 3,100+/- lots in the Don Pedro subdivision. That’s the real question. Have these lots paid their fair share for decades, or just since the purchase by the Deerwood Corporation?]

President Bill Kinsella: What is it Mr. Porter?

Tom Porter: It’s, it’s showing the bill, our water bill where we paid the, the tax bill, where we paid the availability

President Kinsella: Oh, this isn’t, this is a different issue

Tom Porter: Different issue, yes sir.

VP Richardson: Well what property is that?

Tom Porter: Ah, this is on ah

Director Skoien: Torre

Tom Porter: D and E

VP Richardson: D and E.

Director Ross: Is that this piece of paper with the yellow?

Director Skoien: Other one

Tom Porter: Actually

VP Richardson: So it’s, so it’s this one here?

Multiple voices/cross talk (Discussion of which specific paper Mr. Porter is referring)

[NOTE: The materials Mr. Porter presented to the board the day of the meeting technically should have been provided to the office prior to the Board Meeting and contained within the Board Packet so all directors and the public would have had adequate time to review the material.]

Tom Porter: I have the tax bills on both of those showing availability paid.

IGM Tynan: They’re inside place of use

President Kinsella: Now these are the ones on Torre is that correct?

Tom Porter: Ah-hum (affirmative response)

Director Ross: They’re outside

IGM Tynan: Well these are inside

Director Ross: Outside, they’re not in the original subdivision. How, how is it they’re outside? Or inside, whatever you call it.

[I am waiting for some requested information about Kassabaum Estates. There are at least 25 properties, the majority of them over 15 acres, which are north and south of Ranchito Drive and west of Merced Falls Road. The larger parcel size is atypical of lots on the Mariposa side of the subdivision. Apparently these properties had their own CC&Rs and Governing Documents which were separate from the original Sierra Highlands Subdivision which later became the Lake Don Pedro Owners’ Association Subdivision. The Deerwood Corporation purchased over half of these parcels for future development that never occurred.]

IGM Tynan: Well according to the map that I, that’s in the office

Director Ross: Yeah

IGM Tynan: It’s showing that these properties are inside place of use, according, I’m just going by the map

[Agreed, the perimeter boundary of License 11395 appears to include these properties but the real test is if they had paid availability fees like other properties within the Merced Irrigation District Place of Use, or designated as parcels to be served with ground wells.]

Director Ross: Yeah, yeah, yeah

IGM Tynan: that’s in the office. Uhm, now the availability is, you know, that’s great that you have a receipt and everything because I was told that it hasn’t paid availability

Tom Porter: Had not been?

IGM Tynan: Yeah, so, you got a receipt, that’s fantastic.

Tom Porter: Receipt, where we paid them to the county so

IGM Tynan: But a, it looks like these are inside place of use, these, I just

Tom Porter: These, the other three we have not been paying a, ah, an availability charge but we were never billed for it, so if we had been billed for it we would have paid it, but they’re, all three parcels are within the district.

[Apples and oranges. The other three properties are clearly Outside the MIDPOU and were never intended to be served Lake McClure water according to the water license.]

VP Richardson: That’s this one?

Tom Porter: Yes, all three of those parcels are within the district. In fact ah, the property ah to the east of ah, ah, VVS or VVH, and VVS, ah, 40 acres, receives water from the district, they actually have a, they’re hooked up to a meter on the west side of Merced Falls Road, ah, that’s one of our meters that serves one of our lots, in fact we were going to build on it, but they’ve hooked into that, they’ve come through a, a drainage pipe that goes under Merced Falls Road then, ah, they parallel the west line of those two twenty acre parcels and then they, ah, cut across ah say VVH, or whatever that is, VVN OK. They cross that, in fact there’s a leak there now, I took the general, interim general manager up and showed him that too, so, there is water being served to the east of us which is within the district also, the forty acres is, that’s being served.

IGM Tynan: Yeah, that leak, that leak is on their side

Tom Porter: Yeah, yeah it’s not (inaudible) So any how, I’m asking for that also to be included and ah, for you start billing us for availability charge. It’s within your district.

[Start billing for availability charge? What about the many years prior? What happened to the buy-in fee to cover the period of time availability was not charged to cover district expenses in maintaining our expansive infrastructure?]

Director Skoien: So, when you say availability charge you mean, you want to start paying availability charge or do you want a lateral in and meters on those?

Tom Porter: I’d like to have a lateral there yes, I’d like to have a lateral there on each of these pieces, yes sir.

Director Skoien: OK, well, let’s do them one at a time (laughing)

Tom Porter: OK

Director Skoien: On Torre, that doesn’t seem like a much of a problem does it?

IGM Tynan: No, ah, I, I, they’re inside place of use and if Mr. Porter has a receipt saying that he’s been paying, it’s no problem

Director Skoien: Yeah, but when it comes to the lat….you don’t know why the laterals were never put in this?

IGM Tynan: I don’t know.

[Lateral pipes not installed? Could this be a clue that the properties were never considered to be part of the service area? I don’t know and but look forward to evidence one way or the other. This issue has festered for decades.]

Director Skoien: This was all supposed to be that Unit M, wasn’t it? Back in the day, or something?

Tom Porter: I’m not sure but

VP Richardson: 4,5,6

[Kassabaum Estates was going to be Units 4-M, 5-M and 6-M in the original subdivision but were never included, much like 7-M and other units on the Tuolumne County side that were ultimately abandoned.]

Tom Porter: we all know that on that same Torre you had not ah, you had not provided us a lateral and you were charging us, billing us every month for water and the district had to repay us that money, I think it was in excess of a thousand dollars or eleven-hundred, twelve hundred dollars, so, the fact that you hadn’t put in laterals is not unusual for this district.

Director Skoien: Yeah, yeah

VP Richardson: Now, uhm, now is Kassabaum Flats considered inside the MIDPOU?

Tom Porter: Of course, every one of them has a water meter and

VP Richardson: Oh they do?

Tom Porter: Oh, every, every lot in Kassabaum, and I have a copy of all that and I can show you where every meter is.

VP Richardson: When were those installed?

Tom Porter: Huh?

VP Richardson: When were those installed?

Dan Siria (Retired CSD employee): In the beginning

Tom Porter: From the beginning

VP Richardson: In the beginning huh?

Tom Porter: it was put in.

President Kinsella: I’ve been up here

VP Richardson: huh. Meters on every single lot?

Tom Porter: I, I don’t have one that I can give to you, but I can show you, we’ve checked these ourselves, here are all the meters. And availability charges are paid on every one of those.

VP Richardson: What about this one, oh I see. What’s this? And that one?

Tom Porter: Well,

VP Richardson: And this one, and that one, and this one?

Multiple voices (discussing the different materials presented by Mr. Porter)

Tom Porter: Well this one for example… and ah, this one we found here, and this one we found here

VP Richardson: What did you find?

Tom Porter: We found meters

VP Richardson: A meter or a meter box?

Tom Porter: A meter box, in other words, we, it was stubbed out to there

Multiple voices/cross talk

President Kinsella: Now is this ..

Director Skoien: (inaudible) meter, meter box (laughing)

VP Richardson: Big difference

[Didn’t we just have this same confusion between a meter and a meter box presented in the Poe Meter Removal case where two directors stated there was a meter in the box, but those statements were proven to be incorrect?]

Director Skoien: It happens

Tom Porter: The Rose Garden was here

Multiple voices/cross talk

President Kinsella: And they did have water there and you, did you remove that, the ah lateral?

Tom Porter: Ah no, (chuckles) it, it wa, ah, wasn’t in but only because ah they did some work and they didn’t put it in ah, Dan knows that…

Director Skoien: Now every meter box you had looked in

President Kinsella: Mr. Porter can I ask somebody to make a copy of that for the board?

Tom Porter: Sure

President Kinsella: Dan would you do this?

Director Skoien: in the meter box that you looked in

Director Ross: Betsie can do it Bill

Director Skoien: could you see ah, coupling

Tom Porter: You see the stub

Director Ross: Dan Betsie (inaudible) Betsie can take it

Multiple voices

Tom Porter: this one here predated the district, this right here came from the old Sierra Highlands Water Company, in other words totally different service but its there, you know

[But again, were availability fees paid since the beginning? I don’t know but it is a fact that needs to be discovered.]

President Kinsella: Ahm, Betsie (inaudible)

Betsie Ross: I’ll take it over (inaudible)

Director Skoien: Now Dan, this

President Kinsella: You know, the thing that kind of confuses me when I moved up here Kassabaum Flats actually had their own CCRs and they were designated for wells ..

Director Ross: Tom can we get a copy of your receipt? For Betsie to make copies? Thank you.

(Multiple voices – Mr. Porter and Betsie Ross sorting materials for copying)

Director Skoien: So this

Tom Porter: They were not designated for wells and there’s

President Kinsella: No, no that’s what I was told

Tom Porter: half of them have houses on them and served by this district.

VP Richardson: Half of them have homes?

Tom Porter: Sure, there’s some on Banderillo, there’s three houses up there, and then there’s Nancy Debuque’s house, and then the Jenkins have a house

VP Richardson: There’s 25 parcels

Tom Porter: We have two, we own two lots with it, and ah, and there’s another one ah, at least 8, 8 houses on those and

VP Richardson: Well then that’s not most

[Half of 25 is 12.5, not 8.]

Tom Porter: Well OK

VP Richardson: If there’s 25 parcels

Director Skoien: Well he said about half

Tom Porter: And then also the Clines, Pam Cline – her husband they have, in fact they’re in the process right now of breaking their parcel into three, there’ll be two more

Multiple voices

Director Skoien: that far I didn’t even know they considered that Kassabaum Flats

VP Richardson: Yeah, ahm, well I’m concerned about is, I never knew that all lots paid availability

Tom Porter: We do, every one of our lots in Kassabaum is being paid an availability every month

VP Richardson: And when you say we you mean

Tom Porter: to, to the county and then you get the money

VP Richardson: No but when you say we you mean the Deerwood Corporation?

Tom Porter: Yes, yes

VP Richardson: OK, so then there may be other lots that do not pay availability that you’re unaware of

Tom Porter: Well I don’t know what other people who own other lots do, but ah, I know that they’re all

VP Richardson: Well, well originally you said there were meters on every single lot so you were

Tom Porter: Well there is a stub to every one

VP Richardson: Ah OK, so not meters.

Tom Porter: No, no

VP Richardson: OK, alright

Director Skoien: So Dan, this is basically I think Operations, you can

[Excuse me, how is this an Operations Committee matter? This seems more like policy for the entire board to consider and decide once all the pertinent information has been obtained. Everything I have learned about CSD policy indicates Directors should refrain from becoming involved in the day-to-day operations of the district, you know, micro-managing stuff. I believe the Operations Committee was established and necessary when there was no General Manager, but with a current Interim General Manager, what is an Operations Committee tasked to actually do? I do not believe a single meeting has been held up to this point anyway.]

IGM Tynan: Yeah, but you see my problem was, this is why I brought it to the board, the one on Torre I was told was not yet paying availability, that’s why I brought it to the board

Director Skoien: There’s two on Torre

IGM Tynan: There’s two properties on Torre that’s why I brought it to the board,

Director Skoien: OK

IGM Tynan: but if Mr. Porter has a receipt then I can give it –

Director Skoien: Yeah

IGM Tynan: to billing and

President Kinsella: He has receipts, we have to confirm it

IGM Tynan: yea

President Kinsella: and then we can

IGM Tynan: Yeah, Yeah,

President Kinsella: move on with that, is that alright with you sir?

Tom Porter: Yes,

Director Skoien: The only thing I’m wondering is if this has happened in the past and then what is done, well I guess if someone is paying availability it’s not his fault the lateral is not in so I guess that cost is, is your time and, cuz availability’s been

President Kinsella: You’ve been paying availability ever since you’ve owned the lot?

IGM Tynan: That’s, that’s why I brought it to the board

Tom Porter: Absolutely

Multiple voices

Director Skoien: I say just put them in

President Kinsella: Yeah, all we have to do is just confirm that ah, with our records, and if our records don’t jive then we talk to Mr. Porter

IGM Tynan: Yeah, part of the problem is ah, you know, Syndie is really good at her job but hasn’t been, she’s on vacation so I haven’t been able to

VP Richardson: That’s 14 availability fees

Tom Porter: Yeah, that’s ah, you guys aren’t cheap

Director Skoien: OK, so now the other ones?

[Once again, I believe the issue is not whether availability fees were paid when Mr. Porter purchased the property because he obviously needed water for the planned development that never materialized, the important question is: HOW LONG HAVE AVAILABILIITY FEES BEEN PAID BY THESE PROPERTIES? I do not know, but hopefully the information will be forthcoming and this issue can be decided once and for all.]

My best to you and yours, Lew