[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