OCT 21^st 2011 FINALLY OVER (never thought it would end)

You will “recall” the last bit of transcript was a beginning question by me. Let’s pick it up from:

Director Richardson: “Then why won’t the county….”

Verbatim transcript in blue font based on analog and/or digital recording of meeting.

The meeting continues:

Harry Alfier: (inaudible)…..can use that as my …. (Inaudible)

TUMMOTA: (inaudible) …right now. He has got to speak, and you’ve got to listen. This is not fair…

Harry Alfier: and you just shouted me down Lew, I mean, let’s just tell the truth you see to be the purveyor of the truth, I wish, I really wish you were you could do some good. Just like you’re talking about Kathy I have it memorized what you said on there about Kathy cutting corners and there again I wonder if this is the something about, basically insinuating that Kathy doesn’t hand known disclosures.

Director Richardson: No

Harry Alfier: that’s exactly what you said

Multiple voices

Director Richardson: I said, I said real estate

Harry Alfier: Real estate disclosures, well that’s what her business is real estate, so is mine. And I can pull every contract for the last thirty-five years that says buyer has received copies of CC&Rs, Bylaws, Articles of Incorporation and the most recent financial statement by law we need to provide them. We, we don’t ever, who would not want to hand out a known disclosure or CC&Rs to someone when they buy property? So to insinuate otherwise is, is far as I’m concerned, is being a liar, and it’s been attacking people’s character, again Kathy stood up here and, and, and had a legitimate grievance with the district regarding the $3,000 hookup fee, that I think you’re going to find is illegal, and the next thing you know she’s on your blog being accused of being an illegal, unethical realtor and that’s just horse pucky. And if you can’t agree with that, that’s your M.O. that’s what you do.

Director Richardson: I never said that

[I have never lied and do indeed tell the truth. This bothers Mr. Alfier tremendously because his own distortions of truth are created and meant to explain away his self-serving activities which are quite obvious. Again Harry Alfier accuses me of lying and states he “memorized” what I wrote but cannot recite the same. He then interprets what he recalled I wrote, stated what I was basically insinuating, then determined as far as he was concerned, I was a liar. Nothing like an objective point of view. LOL

The “cutting corners” comment by Kathy Agee, who works with Mr. Alfier, has already been addressed.

QUESTION: Who would not want to hand out a known disclosure or CC&Rs to someone when they buy property?

ANSWER: Likely unethical real estate agents and/or brokers who put sales above California Department of Real Estate legal requirements for property transfers.

I seriously doubt simply checking off a list of miscellaneous 40 year old documents is all that is required. What about disclosures regarding things that have happened in the last 40 years? You know, I can’t find anything on recognizing hundreds and hundreds of nonexclusive easements in any of our governing documents…. Oh yeah! They were filed AFTER THE FINAL SUBDIVISION MAP.

Gosh, as a real estate broker extremely familiar with this area Harry Alfier must have been aware of many items a prospective buyer would be interested – like the designated high fire severity zone, the school situation (didn’t you have a problem where you failed to explain such to a family with children and had to “re-negotiate the sale” and “compromise” to the buyer’s benefit?), do you explain what outside MIDPOU means to property sales outside the subdivision and/or water service district, etc.? One of your advertisements state: “Golf course and country club are soon to be opening and will be state of the art.” What year were these photographs taken and the information posted? Is this up to date or misleading?

DISCLOSURES ANYONE?

The Department of Real Estate “Disclosures in Real Property Transactions” pamphlet stated: “A copy of the governing documents of the development, including any operating rules and a copy of the association’s articles of incorporation, ….”

Hmmm, including operating rules huh?

NEVER HEARD OF THE TRIFOLD? THAT’s PECULIAR.

Here’s what Harry Alfier stated at the April 19^th, 2009 Lake Don Pedro Owners’ Association Board Meeting regarding the Trifold which was a 17 year old subdivision operating rules pamphlet (included grading and earth work incidentally) that had been upheld in both Tuolumne and Mariposa County Superior Courts:

“I was hoping I could bring in the paper that Mr. Kinsella and some other people keep referring to, the Tri-fold, that we need to be enforcing the Tri-fold of the CC&Rs, and I’ve been here a long time and I’m not sure what the Tri-fold is, and I was hoping that somebody, maybe the board, could explain what exactly the Tri-fold….they were, keep referring to.”

Excerpt from blog posting on June 8^th, 2009 entitled “Absentees have always been the key”, subtitle: Real Estate/Land Developers Do Not Like Rules”.

Still even more interesting is the fact some people say Harry Alfier did in fact provide the Trifold to them when they purchased property through LAKE DON PEDRO REALTY. If that’s true…. How could you hand out a document used in the sale of property yet not know what it is called?]

Harry Alfier: And people come in an and disagree with you they’re attacked on your blog of being dishonest realtors, ah, I mean you you went so low on poor Mr. Porter as as to try to tie the man in some how you found some link on his website to his golf course for child porn and you were trying to tie the guy into child porn, it doesn’t get much lower than that Lew. SO I’m done.

Director Richardson: There were 160 pages of pornography on his website but I never said Tom Porter did that

Harry Alfier: OK do you honestly think that Porter was

Director Richardson: I just said, I never said he did that

Harry Alfier:  Well if you insinuate something, what do you expect people to think?  That’s pretty low, I don’t think you’d want someone insinuating that about your father.  So anyway I’m going to sit down, just try to tell the truth.

-[Complaints about pointing out illogical, rude or foolish behavior of those who disrupt business meetings with subject matter outside the jurisdiction of the board wouldn’t occur at all if the SO GOSIP limited their discussions to meeting material.

The SO GOSIP purposefully disturbed meetings by digging their hands deep down into moist steaming piles of false accusations and personal attacks. They ball them up into semi-clumps of verbal projectile weapons then throw them at anyone with the courage to stand up to their special interest platform of deceit. When challenged on this website they retreat and share stories of what others say I write because most admit to not reading for themselves. Then they manage the audacity to whine about how I accurately describe just how filthy their miserable little hands have become.

BRINGING UP THE PORNOGRAPHY SUBJECT WAS LOW HARRY

Harry Alfier once again demonstrates extremely poor taste in bringing up such a subject during a CSD business meeting and wrongfully attributes to me an insinuation that was never spoken, written or implied. That is all on Mr. Harry Alfier.

First of all, my point back then, as well as now, is represented with a question: why would a corporation solicit customer feed-back with no intention of receiving and responding? That’s more negligence or apathy than active participation. Heck, any one of a number terrorist organizations could have been operating through that website but discovery of such wouldn’t indicate that Thomas Porter was a terrorist, only that his corporation did a lousy job of monitoring its website which would have uncovered the unlawful activity. I never thought for a moment Mr. Porter would allow such despicable material to remain on his golf course website, therefore he could not have known about such. But someone did.

Secondly, Alfier by bringing up this particular topic now has also displayed an amazing lack of rudimentary compassion for a fellow business associate with whom he shares an advertisement. Despite county newspaper coverage of some recent local arrests, purportedly involving multiple unlawful relations with extremely young minors, I have never posted any of that information, much less links to the newspaper articles, even though a similar situation occurred years ago with a member of that same family. No names, details, criminal complaint information, nothing. I left it alone.

Some might argue it was wrong of me not to post publically available material regarding the details under the theory of alerting residents to potential risk. Ultimately I concluded this website had an extremely limited circulation to residents compared to the Foothill Express newspaper and if that publisher/editor did not feel a responsibility or necessity to report to our community, why should I, theoretically, report it to the world?

Here’s what I wrote on November 11^th and December 5^th, 2009 about the pornography discovered on the Deerwood Corporation website.

Director Emery Ross: Bill?

VP Kinsella: Yeah?

Director Emery Ross: (laughing) Sir

VP Kinsella: Ah you..

Director Ross: (laughing) Ah me, Sir (to TUMMOTA), my name is Emery Ross, please look at Lakedonpedro.org I’m so discouraged on this board what he writes about me.

TUMMOTA: [The Unidentified Male Member Of The Audience]: I’ve been reading his blogs

Director Emery Ross: I am really frustrated, I am his latest victim. I, everybody out there, these are victims in here.

TUMMOTA: Excuse me, this would not be the time to discuss this with me,

Director Emery Ross: Ok, just wanted you to see it though because these other people said it

[Director Emery Ross is frustrated? He is a victim? Good Heavens. Look in a mirror. The better part of eleven months of potential Board work has been obstructed and wasted due to some highly unusual behavior and activities by particular directors. I am not going to waste any more time on these particular directors or their activities because much of that has already been documented and I believe changes in the board configuration due to the recent appointment of Mr. Victor Afanasiev is going to help tremendously. Thanks for the advertisement anyway Emery, why not put it in your next “Pandering in Pedro” article? That’s LAKEDONPEDRO.ORG.

So TUMMOTA doesn’t think the meeting he just interrupted isn’t the right time to speak with him? OK, when would be the right time to discuss some things with you TUMMOTA? Come to think of it, what is your name and where do you work actually? Apparently you are not with the State Attorney General’s Office, District Attorney’s Office, or Sheriff’s Office….humm, quite peculiar. With what authority did you and your SO GOSIP friends interrupt an official business meeting of the district?]

TUMMOTA: Their rights are just as important to me as these rights, but it’s when they’re not displayed correctly, that’s when the problem happens and right now there’s being some good (inaudible) discussions going on here. But I got, I do read the blogs so does my supervisor, so

Director Ross: Good

[Ouooooo TUMMOTA is one of the few people who do read my blogs and he has a supervisor who reads too. Wow. Sure would like to have a talk with that supervisor as well. Sure seems as though Emery has bought into the officious intermeddler’s bit when he cries about being a victim. Responsible party is more fitting.]

Director Richardson: I send them to Sacramento.

TUMMOTA: You don’t need to, they’re on the internet correct?

Director Richardson: Beg your pardon?

TUMMOTA: Internet is everywhere in the world

Director Richardson: No, but I sent letters with the blog site to individual agencies in Sacramento.

Director Skoien: OK, let’s move on

VP Kinsella: Any other comments?

Director Richardson: I have nothing to be ashamed of.

[You should have seen their faces! Lol I guess the response they expected was for me to go “oh golly gee! You and your supervisor have been reading my blogs for years! Holy Moly I must be in big trouble and better stop writing immediately!” I have a stamp with LAKEDONPEDRO.ORG that I use on correspondence envelopes. Heck I’ve sent a bunch of bumper stickers to different agencies and departments in Sacramento with that same website address – like I’m really trying to hide something.

I want authorities to see what the SO GOSIP have been, and are doing, in Lake Don Pedro. COME AND GET IT!]

Syndie (acting secretary after Charise Reeves left the meeting room): No I just heard, taking notes for the secretary, I just wanted to know where we’re at on here are we (audience laughter)

Multiple voices

Director Ross: Director Comments

Syndie: on the agenda, and I was under the impression that that’s what we could discuss in a meeting, so I thought maybe I step into either a second meeting or are we under director comments, I just wanted to know

VP Kinsella: We’re under director comments but everybody else seems to be

Syndie: Ok

VP Kinsella: putting in their input

Syndie: You had opened up director comments? That’s where all this was?

VP Kinsella: Yeah

Syndie: OK

VP Kinsella: Yes

Syndie: Thank you

VP Kinsella: Mark?

Director Mark Skoien: I just want to say to Harry, back a few, when it was CSD business that was being talked about, (laughs) that we did do what you said, you didn’t think we should usurp his authority, that was in our statement when we reported out, that that was one reason why we didn’t, she left us no wiggle room and we just, hopefully the mediator will help work out a lot of these other things, but I think actually it was probably the last CSD business that we spoke about. Anyway I just wanted to say that we did come out

Harry Alfier: I do recall Bill saying when he came out

Director Skoien: and it was in our report out

Harry Alfier: in your policy basically

Director Skoien: so, that’s all I got to say

Harry Alfier: Thank you

VP Kinsella: Does anybody else have any comments? I’ll entertain a motion to adjourn. (laughter)

Director Skoien: I’ll second that motion

VP Kinsella: Meeting is adjourned.

END OF OCTOBER 21^ST, 2011 LAKE DON PEDRO COMMUNITY SERVICES BOARD MEETING

[Shortly after the meeting I observed TUMMOTA outside the CSD office so I approached him and formally introduced myself with a handshake which he accepted without offering his name. I asked him his name but even with two attempts he could not intelligibly pronounce it and advised to “Just call me Rick”. (Note: TUMMOTA, as meeting audio recordings will clearly establish, spoke fluent English and had no noticeable accent of a second language.)

The more I spoke with TUMMOTA the less I believed he was anything but an imposter and officious intermeddler as a representative for the SO GOSIP camp. He could not offer any explanation for his presence other than being “unbiased” but refused to discuss topics he allowed to be presented in the meeting by the SO GOSIP and even turned down an offered tour of the Deerwood-Alfier Road. Very peculiar but I think with time much more will be learned about our mysterious TUMMOTA.

Let’s hope future meeting topics will be confined to the business of the district and service to customers. There are a lot of serious issues to address.

My best to you and yours, Lew