[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

Well, let’s see if we can finally put the December 19^th, 2011 Regular Board Meeting report to bed because some pretty interesting things happened at yesterday’s board meeting (January 17^th, 2012). The below photos of Tuesday’s Sunset are a bit blurry (no tripod) but the colors still make the point: absolutely beautiful! OK, back to the meeting……..

XXX

ITEM C: INTERIM GENERAL MANAGER’S REPORT. Dan Tynan advised they were still replacing laterals with 200 PSI (Pounds – Per Square Inch) pipe rather than 100 PSI, flushing and color coding fire hydrants, continuing the monthly safety meetings, and the floc basin had been drained and cleaned. Dan acknowledged a mistake in the last Board Packet regarding some confusion between units and gallons at the Waste Water plant that serves the golf course and nearby properties. The Ranchito Well test has been completed but the results were not encouraging for the number of connections it currently serves. (ITEM J)

ITEM D: CIP PROJECT UPDATE. The majority of the Blow Off CIP Project has been completed. [Completion of this project will permit safe disposal of water unfit for distribution through the system, something that was overlooked when the plant was first constructed.] 271 new “drive by reading” water meters and 492 transmitters have been installed since November 7^th. Tynan presented different estimates for the concrete pads required for the two emergency generators that will be installed at the Alamo and Arbolada tank sites. Board approval to proceed with project. Vote 4-1, Emery Ross abstained.

ITEM E: TREASURER’S REPORT: Charise Reeves, Treasurer/Secretary to the Board

1. Clarification as to why State Controller’s Office listed 15 positions (not employees) for CSD
2. Request to pay ACWA Annual Dues for 2012 in the amount of $5,495.00, and
3. Approval for CSDA Board Training of $225 per director

President Kinsella questioned why bottled water is purchased for employees at the Don Pedro Market and suggested supplying our own with a cooler. IGM Tynan agreed. Skoien agreed stating employees should pack what they need for the work day from home. Kinsella questioned some vehicle repairs listed on page 35 of the Board Packet to which Tynan responded the vehicles were neglected for a long time but safety issues required the repairs. Kinsella suggested coordinating repairs. Kinsella also suggested changing the initials BK (Bob Kent) to RK (Robert Kent) so there would be no confusion with legal billing statements that contained the initials BK which could be misinterpreted as referring to him.

Unanimous Board approval for the Treasurer’s Report and ACWA (Association of California Water Agencies) Annual Dues payment.

Director Training Class. Director Emery Ross commented that no money should be spent on director training classes because CSD does not have enough money. Both Ross and Skoien felt the free training classes were sufficient for directors. Comments were also made regarding how much more information is provided at the paid classes and the positive benefits of “networking” with directors from other agencies. Richardson commented he has taken many free on line courses in the past and this was the first paid training requested. (Over one year on the board with three years to go.)

How to be an effective Board Member Training class, approved: ayes; Kinsella, Afanasiev and Richardson; Ross and Skoien no.

ITEM F: CONSENT CALENDAR

Previous Minutes approved with the exception of November 21, 2011 Regular Meeting Minutes which had not yet been completed.

ITEM G: REVISIT UNAPPROVED MINUTES: February 22, 2011 Regular Board Meeting, April 18, 2011 Regular Board Meeting, and July 25, 2011 Special Board Meeting. Director Mark Skoien suggested removing the verbatim transcriptions and approving the rest of the minutes. Director Emery Ross wanted a motion that verbatim transcription would not ever be done again – none was forthcoming. VP Richardson advocated approving the minutes because what happened – happened and it was accurately recorded. Director Skoien stated he wasn’t sure the transcriptions were accurate because everybody can’t remember what they said to which Richardson suggested listening to the tapes.

Eventually it was agreed to simply read and file – not approve, the Minutes that contained verbatim transcriptions to which Director Emery Ross and Director Mark Skoien objected. In response to a comment by Donna Morasci about keeping the audio tapes of these particular meetings and not destroying them, VP Richardson stated “No one has questions about what happened, it’s just embarrassment about what they said.” Simply reading and filing the Minutes will hopefully address the concerns of the auditor. Morasci stated it was obviously public information and she was interested in obtaining the information. [Board approved to only Read and File the Minutes for February 22^nd, 2011, April 18^th, 2011 and July 25^th, 2011 but approve all board actions made in each meeting.]

ITEM H: COMMITTEE MEETING UPDATES

MID Committee Report. Director Victor Afanasiev stated the meeting was interesting. Some prime concerns regarded; District maps (where we can legally serve water); the dormant South Shore Club Project (a golf course/residential subdivision on 2,010 acres off Bonds Flat Road which the State Water Board had approved 772 af/yr but MID was unable to contract project representatives – Director Afanasiev is going to check with Tuolumne County for possible information [there is also an outstanding bill owed to CSD to which VP Richardson commented the CSD should be receiving something]); Interim General Manager Dan Tynan added there was some controversy regarding a “will serve letter” composed years ago regarding another project that contains Outside Place of Use property; the issue of converting one meter connection into multiple connections was also discussed. VP Richardson advised MID officials made it clear they were not inclined to sponsor a change of place petition before the State Water Board. (So as to bring the current 36 Outside Place of Use properties into the water license approved places of use in order to halt required dependence on our only ground water well along with mandatory monthly reporting to MID.)

NOTE: CSD is a surface water treatment facility for Lake McClure water and that water can only be legally used under the water license for: “domestic use at home sites within the service area of Sierra Highlands Water Company and a 55 acre golf course”, therefore, ground water must be pumped in order to “offset” any Outside Place of Use water deliveries. (This is technically known as ground water substitution for surface water transfer) Land developers and other outside place of use property owners want to increase CSD’s dependence on ground water sources and drill more wells.

XXX

PERSONAL OPINION: Past violations of the water license created this decades old problem but continuing to expand outside permitted places of use will only force this surface water treatment facility into the ground water well business at considerable expense and water production uncertainty. Two wrongs do not make a right, much less an equitable financial obligation for the majority of permitted users who have always paid availability fees.

QUESTION: Is it fair to jeopardize the current 36 outside MIDPOU connections consuming water by further taxing the Ranchito Well with more outside service area connections?

QUESTION: Why should 99% of the legal users of Lake McClure water (including future users who pay availability fees on their property taxes) be required to subsidize special interest development outside the MID Place of Use with expensive and uncertain ground water wells?

QUESTION: Should this not be an issue taken before all paying customers in a vote?

Personally I have no problem what-so-ever with our CSD providing water to any property so long as they “pay their way” as the majority of Lake Don Pedro Subdivision property owners have done for decades.

RELATED QUESTION: Should the vast majority of property owners with individual septic disposal systems be required to pay for the Don Pedro Waste Water Facility which only furnishes sewer connections to properties on and around the golf course?

QUESTION: How is this different from forcing the majority of CSD customers to fund ground well water production for a select few?

QUESTION: Why not create a “special benefit zone” so that those who receive the benefit pay for any additional costs of providing water to their outside MIDPOU properties?)

XXX

ITEM I: MARIPOSA MASTER GARDENERS. Sally Punte requested that the Master Gardeners be provided a small corner of the old board room for use by members of the group. A desk, book case and telephone line for messages (paid for by the Master Gardeners) were the basic requirements. Use would be confined to normal office hours. Punte said the purpose was for community benefit. 4-1 approval with the exception of Director Emery Ross who stated: “I abstain because what happens if fifty other people show up?”

ITEM J: RANCHITO WELL STUDY.

ITEM K: REQUEST FROM JESSE FIGUEROA (for water service)

ITEM L: REQUEST FROM MIKE SCHARTZ (for water service)

ITEM M: REQUEST FROM ROY WALTON (for water service)

Interim General Manager Dan Tynan reported the Ranchito Well study report, conducted by our engineer, concluded: “Therefore, we advise against committing any Ranchito Well water to new users.” [NOTE: The supply side long term sustainable yield was calculated to be 35 gpm (gallons per minute) but the maximum day demand of current users was calculated to be 72 gpm.]

President Kinsella questioned whether Figueroa, Schartz and Walton had been notified to which IGM Tynan stated he had advised them about the meeting. None of them attended. President Kinsella made the motion that they be notified in writing that upon the recommendation of the engineer the board must deny them water. IGM Tynan added that a copy of the engineer’s report also be included. Director Skoien commented he still believed, regardless of how it got “messed up” the guy (Schartz) should receive a water meter. [RE: the Poe meter removal matter initiated by Directors Ross and Skoien in January of 2011.) VOTE: Kinsella, Afanasiev, Richardson aye; Director Skoien no, and Director Ross abstained.

ITEM N: MEDIATOR. Update on the proposed mediation process for employee grievances and the Grand Jury recommendation that the Board of Directors also avail themselves to such. President Kinsella stated he didn’t believe anything would be resolved with mediation. Board approval to continue with the proposed mediation process for the employee grievances with Kinsella voting no.

The Board directed IGM Tynan obtain more information regarding potential mediation costs for the board and how the Brown Act might apply.

ITEM O: FLEETMATIC. IGM Tynan advised he recently received a complaint of employees driving around Jamestown in a company vehicle, yet fortunately, there was a reliable witness that could verify the vehicle never left the CSD service area. Fleetmatics is a monitoring system for vehicles that not only locates vehicles in real time but also keeps track of things like idling time and speed. Due to our foothill terrain cell phones and walkie-talkies seldom work and the only reliable communication is one way, office to field personnel. With this tracking system, if a service call or emergency occurs the office can locate the nearest vehicle and provide the work location. The system could also locate an overdue vehicle during an emergency situation. Director Afanasiev advised he did a little research and found Fleetmatic has 14,000 customers and monitor on a daily basis over 200,000 vehicles with a very high satisfaction percentage. Naturally, like satellite television, in severe storms the system may not operate. Tynan also stated CSD might possibly receive $1,000 discount on our insurance premiums.

Director Ross made the motion to continue the discussion until next month due to the number of pages in the director’s packet and he wanted more time to think about it. Director Skoien made the second but the motion failed with President Kinsella, Director Afanasiev and Richardson voting no, and Ross and Skoien voting aye.

VP Richardson made the motion to accept the Fleetmatic proposal with President Kinsella making the second. VOTE: Kinsella, Afanasiev and Richardson aye, Skoien No, and Ross abstain.

ITEM P: IRWMP UPDATE. Board Secretary Charise Reeves advised there were two facilitation trainings scheduled for January.

DIRECTOR COMMENTS: Director Skoien commented that the board finally got the unapproved Minutes Read and Filed, but he wanted to make a motion to prevent further verbatim transcripts in the future. Director Afanasiev questioned if we could ask the Grand Jury why members did not stay for the entire meeting. It was suggested that jury representatives were merely checking to see if a mediator was being utilized by the board.

Meeting adjourned unanimously.

My best to you and yours, Lew

December 19^th, 2011 Meeting Continued

Hello! I hope the New Year is treating you all well. Difficult to believe a year has passed already – that is until I take personal inventory of all the new aches, pains, frustrations, and ramifications of getting older. Last weekend I finally got around to replacing a 10+ year old “temporary” walkway bridge which was actually just a deteriorating painted wood pallet over a drainage ditch. (Funny how those “temporary fixes” remain so long.) Yup, muscles are still pretty sore but at least they remind me that something was accomplished.

Here’s another installment of the December 19^th, 2011 Board Meeting.

XXX

Vice President Bill Kinsella: OK, let’s open it up, and it’s nomination for board president.

Director Lew Richardson: I’d like to nominate Bill Kinsella

VP Kinsella: OK, any other nominations? I don’t want to win by default.

Director Emery Ross: (inaudible) laughter

VP Kinsella: There are no other nominations?

Director Ross: Get it by default

VP Kinsella: OK then (multiple voices) to make it legal I have to call for a vote, all in favor?

Director Victor Afanasiev: You need a second first

Multiple voices

Unknown: I’ll second it

VP Kinsella: No, no you don’t

Multiple voices/cross talk

Director Afanasiev: (inaudible) nomination…and I’ll make a second

VP Kinsella: OK, who made the second?

Director Afanasiev: I did

VP Kinsella: OK, any comments from the audience?

Director Afanasiev: Wes Barton, no comment?

VP Kinsella: Huh?

Director Afanasiev: No comment from Mr. Barton

VP Kinsella: OK I’ll call for the question, all in favor say “Aye”

Director Richardson: Aye

Director Afanasiev: You mean for a vote?

VP Kinsella: Yeah, in favor of me

Board Secretary Charise Reeves: a yes….

Director Ross: Don’t need to vote you’ve got it by default

Multiple voices/ cross talk

VP Kinsella: (inaudible) got it by default

Secretary Charise Reeves: So did we need a vote?

Director Ross: Nope, there’s only one person that’s

Director Richardson: Well we didn’t need one but it was still three to two

Director Ross: No it wasn’t

Secretary Reeves: OK

Director Richardson: Oh, how was it not?

Secretary Reeves: I need to record this guys

Director Ross: I didn’t vote

Director Richardson: Victor voted, I voted, Bill voted, that’s three

Director Ross: He got it by default, there is no vote

Director Afanasiev: We still need a vote

Director Richardson: What is your vote Emery?

Director Ross: I’m not voting because he got it by default

Director Richardson: OK, so you’re abstaining?

Secretary Reeves: What about Mark?

Director Richardson: I don’t know?

Director Mark Skoien: I’ll abstain, he’s the only candidate

Director Ross: He’s the only candidate that’s it, ah

Director Richardson: Well it would be a nice show of support

Director Ross: Vice President next

Multiple voices

President Kinsella: OK, ah, I’ll open it up for nomination for vice president.

Director Skoien: I’ll nominate Emery

President Kinsella: OK, I nominate Lew Richardson, Victor you have any comments?

Sally Punte (Former Board Member in audience): Can I interrupt?

President Kinsella: Huh?

Sally Punte: May I interrupt?

President Kinsella: Go ahead

Sally Punte: I don’t know that Emery is electable…

Director Ross: I’m electable

Sally Punte: because of the Grand Jury

Director Ross: No, no, that’s the president, not vice president

Sally Punte: Well yes but that would mean

Director Ross: Different – different board

Sally Punte: in the absence of a president guess who that would be?

Director Skoien: That was a different board

Multiple voices

Director Richardson: Good point

Director Skoien: Different year

Director Ross: Well Lew’s not supposed to write on his blog either, those were recommendations.

Director Richardson: No, that’s not true.

President Kinsella: Oh boy

Multiple voices

Director Richardson: Get your facts straight.

Director Ross: (inaudible) let them vote

President Kinsella: You’re right

Sally Punte: I know

Director Ross: Let them vote, take the vote

Director Skoien: He followed the recommendation when they ah said he (Emery Ross) should resign as president

Sally Punte: That’s true but

Director Ross: the grand jury

Sally Punte: you see my point Mark

Director Ross: the Grand Jury

President Kinsella: Well OK

Director Ross: Call for the vote

President Kinsella: I am, all in favor of Emery raise your hand or say aye

Director Skoien: aye

President Kinsella: Emery did you vote?

Director Ross: No

President Kinsella: Just Mark

Secretary Reeves: OK

President Kinsella: all in favor of Lew? Aye

Director Afanasiev: Aye

Director Richardson: Aye, three to two?

Director Ross: I didn’t vote

President Kinsella: Huh?

Director Ross: I didn’t vote

Director Richardson: Abstained

President Kinsella: I know you didn’t vote

Director Richardson: Abstain?

Director Ross: That’s a vote, it’s voting, if I abstain it’s a vote, I didn’t vote -not abstaining.

President Kinsella: Well Emery don’t be

Multiple voices/cross talk

Director Ross: Mark

Director Skoien: What?

Board Secretary: OK, wait a minute

Director Ross: Mark voted

Board Secretary: For the first nomination (Ross talking in background) for Emery we had an aye for Mark

Director Ross: Right

Board Secretary: Emery you did not vote so that means you abstained

Director Ross: Whatever you’ve got to call it

Board Secretary Reeves: But the three of you, were those nays?

President Kinsella: Yes

Board Secretary Reeves: Victor, Bill and Lew?

President Kinsella: Yes

Board Secretary Reeves: OK, and then for a Lew it was Bill, Victor and Lew for an aye, Emery abstained, and Mark

Director Skoien: No

Board Secretary: OK, OK, so Bill is our President and Lew is our Vice President.

President Kinsella: My sympathies Mr. Richardson

VP Richardson: Well I threw you into the fire

President Kinsella: (laughing) OK, now comes the issue of committees.

Director Afanasiev: Ah what (inaudible)

President Kinsella: What?

Director Ross: Committees are always part of it ah Victor

Director Afanasiev: Yes

President Kinsella: It’s in the same line Victor, board reorganization, and president and vice president and committees.

Director Afanasiev: OK

President Kinsella: We need somebody for finance?

(After long silent pause …. laughter)

VP Richardson: Listen to everybody….

President Kinsella: I can, I can certainly, can’t hear anything for the (inaudible) you know. I guess the president should be that huh?

Board Secretary: Yep

President Kinsella: That’s a standing committee, Operations?

Board Secretary: Don’t we usually do two board members per committee?

President Kinsella: I’d love to have two board members per committee, but ah, I know how it’s going to… Emery would you be a board member, I mean would you be a committee member?

Director Ross: No I told you I don’t do committees because they’re not legal.

President Kinsella: OK. Mark? Would you be a committee member?

Director Skoien: Not finance, I’ll do Operations again.

President Kinsella: Victor?

Director Afanasiev: Not finance, no, that’s not my bailiwick.

President Kinsella: Lew you’re it

VP Richardson: I guess it’s me

Board Secretary Reeves: OK

VP Richardson: I can balance my checkbook – (laughter)

President Kinsella: Operations

Director Skoien: Well you’re qualified

VP Richardson: Probably not qualified but if it balances I’m happy (laughing)

President Kinsella: Operations

Director Skoien: I’ll do that again I don’t have a problem

President Kinsella: I’m already listed down there so we can do that

Board Secretary: Bill and Mark on Operations, OK

President Kinsella: Personnel? Ah, Lew and I are listed down there, do you want to change?

VP Richardson: I don’t know, is someone else interested in it or….

Director Skoien: I’d say with what we’re in the middle of I think it should stay the same, but that’s just my opinion.

VP Richardson: That makes sense. Makes sense.

Director Afanasiev: I agree with Mark, remain the same.

President Kinsella: Public Relations, Lew, you and I are listed on this thing but I’d like to drop off it because

VP Richardson: Well Victor has since come aboard, so

President Kinsella: Yeah, Victor would you do that?

Director Afanasiev: What Public Relations?

President Kinsella: Yeah

Director Afanasiev: Not really, I’m not very good at Public Relations

VP Richardson: Well I thought you said you would?

Director Afanasiev: No, I don’t agree to (inaudible) in Public Relations (laughter)

Multiple voices/cross talk

President Kinsella: You have to have two, you should have two so

VP Richardson: Well then you’re still in

President Kinsella: I guess I am

VP Richardson: Well – with all the support here, you know…

President Kinsella: Area Planning, got me listed on that, I think I’d

Board Secretary: We didn’t

President Kinsella: like to drop off on that one.

Director Afanasiev: I’ll take that one

President Kinsella: Ah Victor (inaudible)

VP Richardson: Alright

Board Secretary: And who’s our second?

President Kinsella: Mark? Would you like to be on that?

Director Skoien: No

Board Secretary Reeves: It’s a temporary advisory committee; I don’t even know what that really applies to

President Kinsella: It’s a temporary advisory committee, Lew?

VP Richardson: Sure, I’ll go, Victor’s Chairman right?

President Kinsella: Yeah

VP Richardson: OK

President Kinsella: Long Range Benefit Committee. I don’t think we can have an employee on that – can we -?

Board Secretary Reeves: Actually yeah, that one you need two employees, two directors and two employees and you guys kind of hash out what the policies that have to do with employee long range benefits and then you bring that to the board.

President Kinsella: OK, Victor, how about that one?

Director Afanasiev: That’s fine.

Board Secretary Reeves: Bill you’re on that one too?

President Kinsella: Yeah, I can’t dump everything

Board Secretary Reeves: We do need to get a second employee on that one because ah Syndie is our only remaining employee

President Kinsella: Well, but

Director Afanasiev: This is long range (multiple voices/cross talk)

President Kinsella: Well, there’s only you, and ah,

Board Secretary Reeves: Me, and Syndie, well there’s Dave and Randy…

Unknown: Yeah we know more about the ah, the

Board Secretary Reeves: OK, so we can assign me and Syndie as employee representatives

President Kinsella: Yeah, Dan will you question some of your people to see if they would sit on this

Interim General Manager Dan Tynan: Yeah I can ask the guys, yeah.

President Kinsella: Huh?

IGM Tynan: I can ask one of the guys, well the guys

Director Skoien: Can it be Dan?

Director Afanasiev: Or ladies?

President Kinsella: Well, if he wants to do it, he can do it

IGM Tynan: Actually I think Syndie and ah Charise would be very good at it

President Kinsella: I think Charise has enough to do (laughter) but I’d like to, my philosophy is that if we get the guys in the plant or the outside guys involved in this thing we get a better overall picture of what’s going on and they would, they would feel that they have a say in (inaudible)

IGM Tynan: OK, I’ll give – I’ll ask them

President Kinsella: Say again?

IGM Tynan: I’ll ask them

President Kinsella: Ok, thank you. MID, Kinsella drops off, and Afanasiev goes on.

VP Richardson: You’re still on that?

Director Afanasiev: Yes

VP Richardson: OK

President Kinsella: Plaza by the Lake?

Multiple voices questioning committees

Director Skoien: Why are these next three even (multiple voices/cross talk) unless someone, unless they come up, I mean

VP Richardson: What do you call it – decommissioned?

Board Secretary Reeves: I don’t know what it’s technically called

VP Richardson: Dissolved?

Board Secretary Reeves: like to eliminate those three committees, (multiple voices) so is there consensus by the board to eliminate Sierra Foothills, South Shore and Plaza by the Lakes?

Multiple voices

Director Skoien: Yeah, temporary ah, eliminate them until a need arises or something

Director Afanasiev: Charise, which, no, I got Plaza by the Lake (multiple voices)

Board Secretary Reeves: Sierra Foothills and South Shore

Director Afanasiev: Ah, I wouldn’t eliminate South Shore there is a big question with Merced Irrigation District regarding South Shore, they’re very concerned about it.

VP Richardson: Well, could we make, since it’s a temp advisory, could we throw that into the MID or something?

President Kinsella: I think we should eliminate it and if a need arises then we could reinstitute it.

Director Afanasiev: Well we could throw it to MID Committee because they are extremely concerned about South Shore

VP Richardson: Right, it came up a number of times

Director Afanasiev: Yes

Board Secretary Reeves: So eliminate the three and then, kind of anything with South Shore ties into MID?

President Kinsella: Yeah, right, OK

Board Secretary Reeves: OK is there consensus by the whole board to eliminate those three committees, temporary advisory committees?

President Kinsella: Mark says yes

Board Secretary Reeves: Mark says yes

Director Afanasiev: I have no problem with it

Director Ross: I don’t have nothing to do with committees

President Kinsella: I didn’t ask you to be on a committee, do you…

Director Ross: I said I don’t comment on committees

Board Secretary Reeves: OK, so it’s Victor, Bill, Lew and Mark consensus.

President Kinsella: Right, Emery abstained again. Waste Water? That’s going to be a big problem, we, can we refer that to the – ah MID Committee, no.

Board Secretary Reeves: No it’s totally different

President Kinsella: but it’s entirely different, yeah.

VP Richardson: It would probably go more with area planning wouldn’t it?

Sally Punte: And LAFCo

VP Richardson: But we don’t have a LAFCo

Director Afanasiev: What do you mean we don’t have a LAFCo, yes we do have a LAFCo

Director Skoien: No, not one on LAFCo

Multiple voices/cross talk

President Kinsella: (inaudible) put that into Area Planning

Board Secretary Reeves: OK, so Waste Water becomes part of Area Planning?

President Kinsella: Yeah

Board Secretary Reeves: How do you see that? If it, are you talking about Waste Water as in the Waste Water bill issue? Are you talking about in taking it over at some point, what?

Sally Punte: (inaudible) that was..

Board Secretary Reeves: That’s what that was, was originally taken

Multiple voices/cross talk

Director Skoien: Eliminate, we aint taking over that

President Kinsella: It would still be Area Planning

Board Secretary Reeves: Huh? So in the context of what it was originally designed for that goes away because, until they come to us and say, hey, we want you to take it.

President Kinsella: Well they wanted us to take it in the beginning

Board Secretary Reeves: Yes but we’ve heard nothing, at least in the three years I’ve been here, nothing’s been said about it

VP Richardson: We were organized, Sally wasn’t this district organized under the presumption that we would be taking over the Waste Water Plant?

Sally Punte: Right, and there is a file I wanted to give to you but I haven’t because I’ve dumped so much on you that I thought that I really should hang on to it

VP Richardson: Bring it on, bring it on

President Kinsella: Everybody is pick – everybody is picking on Lew

VP Richardson: But, I, you know ah, I’ve talked to someone up at the county and I asked them and I never got really a straight answer as to whether they still want us to take that in the future or not

Board Secretary Reeves: I’m sure they would love for us to take it over right now since we would owe ourselves (NOTE: reference to the outstanding $45,000 bill for the Waste Water facility that serves the golf course and homes around the course)

Director Skoien: Yeah

VP Richardson: Yeah, yeah that’s true

Sally Punte: (inaudible) I suspect (inaudible) this place is floundering (multiple voices) and so they’re not trying (inaudible)

VP Richardson: We need to handle our water first before getting into sewage

Director Skoien: Or eliminate it

President Kinsella: Yeah. So where are we going with that

VP Richardson: Well I don’t know

Director Afanasiev: I agree with Mark, let’s eliminate it

Multiple voices

Board Secretary Reeves: At this point, and, if, when it comes up (multiple voices – inaudible)

President Kinsella: Re-establish the committee

Director Afanasiev: If in the future, if there’s a need for it we can discuss it, but (multiple voices – inaudible) let the county handle it

Board Secretary Reeves: (inaudible) eliminate until the need arises again

President Kinsella: OK, that’s fine. Any comments from the audience?

Board Secretary Reeves: And that was consensus by the four of you again.

President Kinsella: Any comments from the audience? Back to the board – Interim General Manager’s Report, Mr. Tynan you’re up.

XXXXXXXX

I’ll try to get back to the December 19^th, 2011 meeting soon but with more of a quick paraphrase approach as to what transpired with the agenda items. This verbatim transcript stuff takes time but is sometimes necessary to adequately, and fairly, report what individuals actually say while simultaneously reducing the probability that I will be accused of misinterpreting their words.

Let’s see what else? Still participating in free online training courses and have signed up for another 20 or so up through June. I recently attended a free 6 hour workshop in Madera regarding Regulation Basics of drinking water. [Treatment, distribution, reporting, etc.. For those of you interested these regulations can be found in Titles 17 & 22 of the California Code of Regulations.]

I obtained an SDWA (Safe Drinking Water Act) poster regarding water related topics such as Inorganic/Organic Chemicals, Disinfectants and Disinfection Byproducts, Microbiological Contaminants, Future Regulations, Secondary Standards, Maximum Contaminant Levels, known Health Effects of particular contaminants, Monitoring requirements, reporting, etc. [Naturally this poster was added to my growing collection of district related materials – my garage is rapidly becoming a water library and sprawling map room. LOL]

The information presented was pretty overwhelming especially when considering safe drinking water is something most of us just take for granted. Frightening as well – consider this partial list of health effects if water is not properly treated for consumption: increased blood pressure, intestinal lesions, gastrointestinal difficulties/liver/kidney damage, thyroid/neurological effects, bone disease, adrenal gland problems, reproductive system problems, ocular problems, stomach difficulties, anemia, nervous system problems, and of course, the infamous catch-all, the “Big C” – cancer. This is precisely why MCL (Maximum Contaminant Levels) have been established by health departments and agencies of the government – to protect the public from preventable illness/injury/death.

Naturally some of these MCL quantities are extremely small and an enormous amount of contaminated water would have to be consumed multiple times a day for many decades to appreciably influence the probability of serious health issues. [And we of course all know how many of these Maximum Contaminant Levels are established – through the use of laboratory animals such as mice.]

Reminds me of an old joke:

Health scientists recently added human saliva to the known list of cancer-causing agents, however, the public should not be alarmed because there is no serious danger unless consumed in small amounts over a long period of time.

My best to you and yours, Lew

PS: Think I’ll take a chance on a cold beer regardless of what might be in it!

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As Scots speakers would sound, but a good question though: Should Old Acquaintance be forgot?

DECEMBER 19^th, 2011 LDPCSD REGULAR BOARD MEETING

Open meeting at 1303hrs, Pledge of Allegiance, establish quorum: Vice President Bill Kinsella, Directors Emery Ross, Mark Skoien, Victor Afanasiev and Lew Richardson present as well as Interim General Manager Dan Tynan and Board Secretary Charise Reeves.

PUBLIC COMMENT

Thank you, anyway, my name is Donna Morasci I just happen to run into something online and was furious, ah, so I thought I’d better attend one of these meetings. I’d like to get it straight right off the bat about my, whether I have a friendship with Emery Ross or not, which I don’t, I’ve met him twice.

[NOTE: A May 3^rd, 2011 email by Director Emery Ross entitled: “Poe- investigation and interview results” was sent to all directors with the first sentence reading: “After reading the Poe information in the Board packet, the following clarifications need to be made” The email then contradicts previous statements made by Director Ross at the January 18^th, 2011 Board meeting when he initially presented the “Poe meter matter” to the board with assistance from Director Skoien and former Director Vicki Keefe. In the second bullet point Ross states: “I have known Donna Morasci for years, and well know who her friends are.”]

Once he did ah, ah a write-up on my Bison Ranch, a couple of yea– year and a half ago, ah after that, ah he had an ad in the paper which didn’t have his name on it but I called it for “hay for sale”. Picked up a couple of bales of hay from him. He had a ah cow down with “milk fever” he was going to let her die and I um, I said if you have XY and Z she’ll stand up, so I’ll get her straightened out for you. They happened to have it, I hit her in the vein, the cow end of the line, survived, ah but anyway what I’m on fire about is that I’m, I’m hearing, I know now that it was represented that Emery Ross with Mrs. Poe for years have been misrepresenting anything that I may do in regards to a property that I had on HWY 132 and ahm, I bought that property in 1986 , for, close to 43 acres ahm, after being there a time or two realized it was lower than I wanted to be, I wanted to be really in the snow line. Ahm, bought a ranch, a bigger ranch 120 acre ranch up above Coulterville and I just kept this ranch for a savings account if you will ahm or to decide what I was going to do with it later.

My neighbor Mrs. Poe was going to ah, she owned the place and they were living in a mo – in a travel trailer I believe up there and they were putting in a ah double wide, they had already bought it. She wanted to know if I wanted to go in on water with her and I told her no. I bought another ranch I’m going to be developing that ranch, that’s where I’m going to live not down here. And ah, she ended up making application, which I never made an application for water on my property there, ever, ahm she made an application I presume and went ahead and had it drilled across the road. There’s been a lot of chitty chat about this. Ah drilled it across the road. She called me again asked me if I’d, after she had drilled it, if I wanted to ahm go in on halves and put water on my place and I told her no, I had bought a larger ranch and I bought it right after I bought this place and ahm, so anyway ah, she says well it will make your property value worth more and I said no, I just, I’ve got to spend a lot of money I built a house up there I’ve developed that ranch I put a lot of money into it and so there’s no way.

Bottom line the last time she called me ah, was after she had drilled it across the road and she told me she goes, well they’ve drilled it across the road here’s what it is, if you want to go in on it now you’d pay half of that and I said I don’t. I appreciate your offer but I have no intentions on doing that and so that was it. I have heard nothing but BS on this whole subject I’m so furious.

VP Kinsella: From the who?

Donna Morasci: This whole subject

VP Kinsella: Oh, OK

Donna Morasci: Since 1991 there’s been a lot of that chitty chat around in here about it bad mouthing my good name Donna Morasci Martin and just recently and, and Ross is one of the big ones batting it around –

Director Emery Ross: I don’t have, I’m not on the internet you’re talking about Lew – I have nothing to do with the internet

VP Kinsella: Wait, wait, let her finish

(multiple voices, cross talk)

Donna Morasci: Hey you know what? Hey listen Ross, you know, I’m already hot so just let me say what I got to say

Director Ross: ..do with me

Donna Morasci: but, but here’s the thing, you know you’re representing like you knew that was an agreement between her and I, and I didn’t even – I have no idea who you were until a couple of years ago

Director Emery Ross: Lew made the presentation, I had nothing to do with that

Director Richardson: I beg your pardon

Director Emery Ross: You made a presentation up there on the board

VP Kinsella: OK,

Director Richardson: Whoa, whoa, whoa, OK, excuse me for a second, you brought the Poe meter issue up in January, you brought it up then and you said that this woman here owed Mrs. Poe money

Director Ross: Poe says that yeah, she put in (inaudible)

Director Richardson: No you said that –

Director Ross: Poe said that and I

Director Richardson: Ahhh, here we go again

(multiple voices, inaudible)

[NOTE: The following verbatim transcript regarded Item I: Customer Request to Remove Meters from Property on the January 18^th, 2011 Regular Board Meeting Agenda. Mrs. Poe was not in attendance and the matter was presented by then President Emery Ross, Vice President Mark Skoien with a map of the disputed area furnished by a former director. It should be noted that a number of clearly incorrect (or suspicious) statements were made during this presentation and have been highlighted. The letters Ross referred to were never furnished to Directors Kinsella and Richardson nor were they provided to the CSD office until AFTER the January meeting.

[January 18^th, 2011 Meeting]

President Ross: Next item is Mrs. Poe I think, isn’t it? (Inaudible) Mrs. Poe, went down and looked at her property and talked to her (mumbling and cross talk), ahum, she’s got three meters on her 41 acres, we’ve got a map from ah Director Keefe, she has one continuous lot, she’s surrounded by BLM. Next to her is the Martin property and ah, you know, she wants, she can’t afford these three meters she doesn’t want to discontinue her water service but she just wants to have one meter because now that it’s $47 she can’t afford it. Her husband has medical problems and pays $900 a month I think it is, or six, for medicine and she just can’t afford it. The meters are in the names of her two sons, I got the, I’ve got proo – letters from the sons saying – hey take the meters out, however, there is an original bill where she purchased the meters herself, and ahh, so we really didn’t need the letters from the sons but we do have that, we have the original billing and ah it’s one parcel surrounded by BLM and no other parcel. The map is in there, she doesn’t want to get out of the district she just wants to be let, she wants to keep her water but not have two meters that don’t do anything. Ah Vice President Skoien you have a comment?

Vice President Skoien:  Yeah, it was, it was basically a family plan that went wrong their plan was, her two sons would ah (background talking)

President Ross: Guys back there, we’re up here – someone’s talking.

Vice President Skoien: … would ahh put houses on this property in her perfect world way back and it hasn’t worked out that way her sons are married with kids in the big city and you know they love to visit but they don’t want to live here (laughs). And she’s been paying for it all along even though they never put the other houses on that property there are two extra meters besides her meter and she’s always paid, but it’s, they’re not going to ever do any other houses.

President Ross:  It, it, it almost doesn’t need to come to the board I think. I talked to Dan about it

Vice President Skoien: Yeah

President Ross: …you know, you just take the two meters out unless it needs to be a board decision, she doesn’t need three meters they’re all on her property and, you know, we can take them out right?

Vice President Skoien: Just find out which one goes to her house….

President Ross:  The key here is that she does not, she’s not going to pay any kind of availability or anything like that for this one lot, when we take these meters out they’re just on one lot.

Vice President Skoien: Also point out that, the letter to you from Syndie, (CSD Billing/Customer Service Representative) this is not the way it is, where it says there are two adjoining properties that have different owners one of them who share a meter box with Mrs. Poe that’s not the way it is.

President Ross: That’s not true.

Vice President Skoien: There’s a meter box on the other side of her driveway for another piece of property….

President Ross: That belongs to Martin.

Interim Manager Dan Tynan: Yeah, once I talked to Emery I realized….

Vice President Skoien: Yeah, so this is, this is, I don’t know where she got this info but it’s not the way it is.

Dan Tynan: Pull the meters and…(inaudible)

Skoien: Yeah, it’s…

President Ross: Well, I guess just for clarity we’ll say, the board will make a motion that we ah, I’ll entertain a motion from the board to pull two meters that belong to her but her sons pay for in Palmdale, she will not be on the availability roles for those meters because it’s one lot.

Vice President Skoien: Yeah

President Ross: OK, that’s a motion.

Vice President Skoien: I second it.

President Ross: Do I have a second?

Vice President Skoien: I’ll second it.

President Ross: We got a comment out here a minute ago, go ahead Wes. (Laughter)

Former President Wes Barton: I may have people mistaken here, but it seems like two years ago, ah,

President Ross: Aha-huh….

Wes Barton: …… I know the board, the board (Ross…yeah….) … issued a new hookup letter of some sort…

President Ross (interrupting): That’s correct….that’s the lady that lives next door….

Wes Barton: ..… so I think that should also be looked at…

President Ross (interrupting): I don’t think so – let me tell you what that’s about

Wes Barton: …..in terms of ….

President Ross (continuing interruption): ….let me tell you what that’s about….Mrs. Poe way back in the year zero, drilled a hole underneath 132 and brought it up to her property, Betsy, what is that lady’s name?

Betsy Ross (President’s wife): Um, Donna Morasci …

President Ross: Morasci,

Betsy Ross: …(softly) Martin

President Ross: ……said I’ll pay, I’ll give you half, OK? This is what the board decided what you and I are going to be talking about, and Wes and those guys said when Morasci hooks up she’s got to pay Poe, that’s what we agreed to we honored the former board’s decision, so she owes her for that pipe coming underneath the road and I think it’s something like maybe six grand and they made her put in a fire hydrant too, so before Morasci can ever hookup we’ll probably be dead and no one will ever remember this but she owes this lady who is about to sell her house and leave probably…

Vice President Skoien:  But this doesn’t affect that (inaudible)

President Ross: Has nothing to do with it, has nothing to do with this issue.

Wes Barton: Has nothing to do with the two meters?

President Ross: Nothing

Vice President Skoien: No, that’s the other…(inaudible)

Wes Barton: (inaudible)…put those two meter back in someday….(cut off by Vice President Skoien)

Vice President Skoien: Well no, the meter that is on the other side of the driveway of the lady who was supposed to pay for the boring of the highway it’s there, it’s just not hooked up

(Cross talk)

Vice President Skoien: …. it’s a private…..

Wes Barton: … let you guys know, just remembered in the back of my head, if I can find (inaudible)

President Ross: (inaudible) … got all these letters and the guys sent letters agreeing and all that stuff, OK, go ahead.

Chuck Rebert (ratepayer): Yeah, if that woman bought the meters, she owns the meters, so you can’t take the meters unless you buy them (inaudible) meters or else just lock them down or pull them up or (inaudible) …

President Ross: Chuck thank you for bringing up a can of worms, thank you for bringing up a can of worms.

Vice President Skoien: You’re right technically but she doesn’t care about the meters. She doesn’t want to pay that availability – the standby (cross talk).

(Much background talk)

President Ross: Wait a minute, hold it, hold it, hold it…

Vice President Skoien: …… leave them on her front porch, she don’t care

(President Ross gavels audience)

Chuck Rebert: ..I mean the meters have value if you take the meters, you know, you can sell them to somebody else and….

(Multiple voices-inaudible)

President Ross: You know, you know, you know Chuck what my solution for this is? (Inaudible) I briefly talked to Syndie about this. We’ve always said when I bought my meter, bought my meter right? They say you want 5/8s or 3 quarters? You know, one is more than the other, I’ll take the cheapie one I’ll buy that one. And we’re always say we’re buying meters. Ron Hunt said buying meters but I think what you’re really doing is connecting, it’s a fee to connect to the system I don’t think you’re really buying a meter … because…

Chuck Rebert: Well I’ve got a gentleman sitting behind me that was charged $3,000 three times for the same meter it’s ridiculous, so anyway, this feeds into this…

(Cross talk-multiple voices)

President Ross: Really big issue, I was going to try and just dodge that bullet and bring it back another time, because you know, people, the board is going to have to wrestle with that issue of do you own that meter or not, I don’t, I don’t think you do but, but, but we’ve got to clarify that, other board members may think they do, I don’t know.

Chuck Rebert: OK, I, I left you guys something specifically to that issue of ownership of meters, so you can put that, I brought it today so we could put it on the agenda some other time but it speaks…

President Ross: I believe that Mrs. Poe is OK with if we take- remove the meters just so long as she doesn’t have to pay the ….

Chuck Rebert: Yeah that’s fine with her…that’s fine with her…

President Ross: But you know the problem is, if you say you’ve got the meter, right, and then we leave and back in the meter goes, that’s a problem I think it’s a connection fee really although it’s been called something different, you know, Kal (Kalvin Gile) were you going to say something?

Chuck Rebert: Part of that too is…

President Ross: Kal – were you going to say something?

Chuck Rebert: … you know, charge to connect up to the water I mean there are some places they charge you $30,000 ….

President Ross: I know, I know, I know….

Chuck Rebert: ……and should not be here ever, anyway…

President Ross: Do you have any comment? Mr. Tynan?

Interim General Manager: Oh, I agree with you, it’s not like owning the meter because if somebody doesn’t pay their bill for I believe it’s three months, six months, we pull their meter – then there’s no other way of shutting them off you know, or them just going out and just turning back on the water. If they haven’t paid their bill in six months our only option is to pull their meter so they are paying for the water, I don’t know how else…

President Ross: Mrs, Mrs Poe is OK with the meters being gone OK because I asked her specifically the question just as long as she doesn’t have to pay the money so, ahh, did we, so now we’re completely sidetracked did we have a motion on the floor and a second or not?

Charise Reeves: Yes you did, you had, I don’t have it word for word cuz you read it too quickly…

President Ross: (inaudible)

Charise Reeves: ….. I’ll go back to the tape and listen but I believe it was pull the two meters and not put them on availability because the meters were on one property or something to that effect…

President Ross: (inaudible) (multiple voices in background).

Director Skoien: it never subdivided

Charise Reeves: …. I’ll get it word for word based on what you said in the tape and it was a first by you and a second by Skoien.

Director Kinsella: Subdivided?

President Ross: OK, any more comments out here? (Multiple voices) OK, back, back to the board, all in favor of this motion?

Vice President Skoien: It was just planning ahead for a family plan that went wrong.

President Ross: Director Skoien did your hand go up or down?

Vice President Skoien: Oh… I’m…

President Ross: OK, he’s good.

(Unanimous vote to remove meters based on information presented by President Emery Ross, Vice President Mark Skoien and a map by Director Vicki Keefe. In April Directors Richardson and Kinsella requested a revisit to this issue based on new information which contradicted statements by Ross and Skoien. The requests were denied by Ross, Skoien and Keefe.)

Back to the December 19^th, 2011 Meeting where Donna Morasci contradicts statements by Ross and Skoien.]

VP Kinsella: OK, it’s not going to get any better

Donna Morasci: …. I had no contract whatever with Mrs. Poe in writing or verbal. I had no application put in here for water on that ranch with you guys, OK? I had no agreement with the ah the guy that was doing the excavating – zero. OK? If, if there’s anything that I do, I’m involved in all of my projects and I would have been in on that – I wouldn’t have put the line coming across right there by her place I would have had it come more closer to mine I mean in the center but it’s a moot point because I had, it wasn’t my thing, she was hoping if I paid half – ‘cuz she was going to live there anyway, she was paying the whole thing no matter what but if I paid half how wonderful.

VP Kinsella: yeah

Donna Morasci: and I don’t blame her for trying, I don’t blame her for trying. What I do blame is there was a lot of fraud that’s happened here and cover up and Ross is involved I think in both of them.

Director Ross: I haven’t done anything

Donna Morasci: …and let me tell you why, because my, my name and my property was added to the Poe’s bill to have three meters up there, three boxes, whatever, for one APN and you can’t do it from what I understand.

Director Ross: You can

Donna Morasci: OK? Now to make it, to make it where Mrs. Poe could, she went ahead and added a son and ah, Pattison or something, Hank Pattison, ah to my APN, I’m the only one on that since when do you guys go ahead and put something in my, my property, my APN and then you’re sending the bill out of town to one of her sons, this is the fraud right here, this is the fraud.

VP Kinsella: That was a question, that was a question that we had.

Donna Morasci: And, and ah, hey my numbers in the book for a good 18 years around here, it’s ah, as far as finding (inaudible) it’s you know, if you pulled the local book it’s right there. Ahm, Mrs. Shaw was another one that had fraud committed against her. They went ahead, I don’t know Mrs. Shaw, Ramona Shaw, but they went ahead and put her other son John Terry – she’s been married a bunch of times, who knows, she’s got three or four different names, I don’t care about that. The point is it was fraud on both Mrs. Shaw and myself. And then a cover up because when I started to sell this property I had called the water district here and I remembered from years ago that when I, when I was even just chitty chatt’n about this at all, that if you paid for whatever coming in, a pro-rata that there’s a possibility you could have a meter. I called here and somebody said and I’m looking for my notes, it was a few years ago, I will find my notes, but I talked to somebody and they said well, we have a Martin, Martin is a married name I’ve been married one time Martin. Morasci is my real name when I was born. Ah if you’re confused, but anyway, ah, I called here one time and I’m looking for these notes right now and I will find them. I talked to somebody and she goes well we have a Martin and it might have been Pattison and I said no-no I own the property by myself and ah, and then she called me back sometime, and she goes no, you don’t have a meter on that, there’s no – and you’d have to go in and make application and go through all of this stuff to get one. Because I was going to sell it and I wanted to know what, what could I represent to somebody? Is there community water possible or drill a well? You know, I told him hey, drill a well, the guy that bought it from me I said you may be able to I don’t know, but you can drill a well, you know.

VP Kinsella: Who was that person?

Donna Morasci: What’s that?

VP Kinsella: Who was that person who bought it from you?

Donna Morasci: Michael Schwartz

Director Skoien: He’s sitting there

(multiple voices- discussing difference between Schartz and Schwartz)

Director Ross: It’s on, it’s on the agenda, it’s on the agenda

VP Kinsella: Scharts or Schwarts?

Director Ross: Schartz, it’s on the agenda, it’s the same guy.

(Multiple pronunciations of the name)

VP Kinsella: Oh OK

Director Ross: It’s on the agenda Bill

Donna Morasci: It’s Schwartz that’s what he told me

Director Ross: It’s on the agenda, it’s an agenda item

VP Kinsella: Yeah, OK

Donna Morasci: Anyway, he ah, well, the problem that I’m having is that there was, there was fraud committed by this district, by the water district, and a cover up. And, and then, because that allowed my property to possibly be in, in a problem with ah, I don’t know if you guys do a foreclosure I know a lot of water companies do, if you’re Bay Area, you don’t pay your water bill could be one hundred bucks they, they’ll take your property. It’s like property taxes, and ah, so there seems to be a lot fraud and a lot of BS which I’m not happy with. I wanted to get it straight in here and I, and it’s been bantered around – oh she won’t pay her bill, you know, well you know what? I didn’t have a damn bill to start with.

Director Ross: Never did

Donna Morasci: And I’ll tell you what no one has a, I’ve made no agreement with anybody. Yes sir?

Director Mark Skoien: Well I just, talking about the bill, I, no doubt something was, we’ve all talked about it, got done funny in that office somewhere on the APNs and all that, ah, but there was, we have, I don’t happen to have it with me here today but there was a bill that was separated for yeah, it was written up back, I don’t know why they did it – now let me finish, and it even mentioned that they’ll be no meter attached to the Morasci property it was for the tunneling and they had it split, the bills are in there.

Director Richardson: But why would her name be on it if she didn’t have a contract?

VP Kinsella: Yeah

Donna Morasci: I didn’t have (multiple voices, inaudible, cross talk)

Director Skoien: We never have figured that out but the bills were in there

Donna Morasci: ….because it’s a bunch of BS, I want it straight, it’s a bunch of BS

Director Skoien: (interrupting) I have no doubt if it’s done

(Major cross talk)

Donna Morasci: I don’t want my good name mixed

Director Skoien: in that office (inaudible-multiple voices) funky like we’ve always said…

Donna Morasci: illegal crap that’s being done in here, and, and some of your directors, you know, I mean talk about Grand Jury, there needs to be another Grand Jury investigation into this and trust me there will be, they’ll probably be a law suit involved in it.

Director Skoien: Well this was done way before any of us were here (laughing) you know

Donna Morasci: It doesn’t matter

Director Skoien: No, I know it doesn’t, it was done by this CSD

Donna Morasci: But it’s still a top, it’s still a major topic. Does Mr. Schwartz deserve water over there? Yes, he does, why not? He does. Look at all the bullshit fraud that’s happened between here and there, and we’re, you’re still talking about this and I think there was a meeting in 1991, get, move on from this, but what you’ve got to do, I don’t, we’re not going to probably move on too quick because of the fraud and the know, know it all cover up. There’s cover up in here and let me tell you why, because when I called in and when they pulled those meters, they pulled them so I wouldn’t find out. And when the first word that the girl said in her mouth was right, oh you, there is a, you already have a meter on there. Well I know it can’t be because I don’t. But I did, there was a meter in my name which I didn’t know about and there was a meter in Mrs. Shaw name she didn’t know about it. It’s not right, it’s not right, and it’s not fair and I want a public apology, at least for bantering my name around when who knows who was setting out here in the audience and thinks when they meet me think, oh my God (inaudible) I don’t want to be friends with her, she’s, she’s some bad gal.

Director Skoien: Well, I, I, I think I agree with you, I think something funny years ago went on in there with all these EPN, APNs and, and, and because you didn’t have a meter, we, we’ve kicked it around we still haven’t figured it out, but I don’t think Mrs. Poe even had anything to do with it. She just wanted the meters.

Donna Morasci: Oh you’ve got to be kidding?

(Multiple voices, cross talk)

Donna Morasci: …Mrs. Poe….and, and her son’s names just immaculate, all of a sudden, they’re on with my APN which you could only have one meter on, and then Mrs. Shaw, which is I guess another bordering property, on….come on!

Director Skoien: She is, I don’t think she, (inaudible) they got registered that way in here I think. That’s just what I think.

Donna Morasci: Isn’t that interesting that those are both of her sons going to two different directions, just, two different addresses, my address is on the APN,

Director Skoien: right

Donna Morasci: I’ll answer to either one of those names, my address is on that APN did you guys send me a letter and say hey, we’re going to be doing this, ahh, I understand you, you’ve got a piece of property you want a meter on? Hell no.

Director Skoien: I don’t know what was sent way back then, who knows?

Director Richardson: I, I, I thin, you know, again it’s all supposition because this happened quite a while ago, but what it appears as though, the Poe’s sons placed two meters on Mrs. Poe’s property but so it would look alright on our books, your APN number was assigned to one of them and Mrs. Ramona Shaw’s APN number was assigned to the other.

Donna Morasci: And it’s fraud

Director Richardson: yeah, I think that would be fraud.

Donna Morasci: And all the, all the bad batting around in here about my name

Director Richardson: You’re right, that’s wrong, that’s wrong.

Donna Morasci: It’s libel, it’s libel, it’s slander, and it’s not right.

Director Richardson: Well

Donna Morasci: You know, I didn’t get, I didn’t pay attention to anything, of course I don’t you know, I didn’t think twice about anything going on down here, you know, but ah, these, let me tell you where the cover up comes in, when you guys wanted to pull them out because I was going to find out – that’s where the cover up comes in – Ross knew about it,

Director Ross: I didn’t know about it (laughing)

Donna Morasci: He went to school with Mrs. Poe

Director Ross: (laughing) I didn’t go to school with her

(multiple voices)

Donna Morasci: that’s why he stood up in here in the Minutes, I’ve read a few things

Director Ross: it wasn’t me

Donna Morasci: I’ve read a few things Ross, and ah

Director Skoien: The lady came here and just asked to have them removed

Director Ross: She did

(Multiple voices)

Director Richardson: No, no, no, no she did not come here to ask, Emery came here and asked

Director Skoien: Oh

Director Ross: She, she called me

Director Richardson: When I, and I asked you that and you never gave me an answer of why she was not representing her own interests rather than a, somebody on the board?

Donna Morasci: That’s a high point of interest in my opinion

Director Ross: She gave it to a board member and I wrote a report. And all this stuff happened like in 1960 and I not even here.

Donna Morasci: No it didn’t

Multiple voices, cross talk, inaudible

Director Ross: Well these meters were put in a long time ago

Multiple voices – cross talk- no, no

Director Ross: I wasn’t on this board, I had nothing to do with it

VP Kinsella: Have you contacted the district attorney?

Donna Morasci: I’m going to, and, and the DA is going to be involved, the I’m going to do civil law suits as well

VP Kinsella: You may want to confirm that the statute of limitations has, has

Donna Morasci: I just found out, it starts when you find out.

Unknown voice: absolutely

VP Kinsella: Well, sometimes, sometimes that’s correct and sometimes it’s not, (multiple voices, inaudible)

Donna Morasci: (inaudible) I know a little bit about the law – I’m correct

VP Kinsella:  I’m not
trying to you know BS you I’m just telling you that if the district attorney
says the statute of limitations runs out the only other alternative you have
would be civil law

Donna Morasci:  Well, I, I you know the DA, I you know, they need to investigate what’s going on if you guys are doing that, someone’s got to keep a tighter handle and double
check and make sure, is this that person’s APN or are they putting it on
someone else’s property?

(Multiple voices)

Director Skoien: That’s what should have been done in that, that’s what should have been
done in the office years ago.

Director Ross:  Years and years ago.

VP Kinsella:  OK, Charise has a….

Charise Reeves:  I just want to say going from this point, Syndie does get a copy of a grant deed, I can’t speak to what happened back in the 90s, but I know now she gets the grant deed that goes in the file you know. None of us were here

VP Kinsella:  We, we, when this thing first came up we had concerns as to why your name was hooked up with a, a one of the Poe children

Donna Morasci:  and had I known I would have been in here a long time ago, had I known in 91 I would have had my little self right here, but I didn’t know any of this stuff was going on.

Director Skoien:  But you had a bill separated with

Donna Morasci:  But not generated by me!

Director Skoien:  No, but,

Donna Morasci:  I  understand that somebody penned my name in

Director Skoien: that’s what you’re saying I don’t know (cross talk)

Donna Morasci:  I can pencil your name in…. you want a bill? (laughter)

Director Skoien:  No, I’m just saying they brought it as part of this agenda item we were doing and it was split and billed to you and (multiple voices)

Director Richardson:  No

Director Skoien: (inaudible)…billed meter going to Morasci

VP Kinsella:  The bill went to Poes with Mrs. Morasci name on it

Director Richardson:  No the bills went to Mrs. Poe’s sons Hank Pattison and John Terry

Director Ross:  Right

Donna Morasci:  Using  my, using my property

Director Richardson: Well using your APN so on the books everything looked right

Donna Morasci:  And that’s still using my property

Director Richardson: Yes it’s a fraudulent use of your APN true, and I, I can see what you’re saying that if, if somebody had reneged on a contract or something
theoretically it could have, something could have been a lien could have been
put on your property, and you wouldn’t even know about it.

Donna Morasci:  Yeah if they didn’t pay their water (inaudible)

Director Richardson: Right

Director Skoien:  I don’t know who handles all the APNs and assigns them and who did that way back when

Donna Morasci: You guys

Director Skoien: obviously you didn’t want it done

Donna Morasci:  I didn’t want it done or I would have been here in black and white

VP Kinsella:  Ms. Morasci, I can, I can promise you that any inquiry by the district attorney or any other (inaudible) agency ah, we’ll cooperate with them right down the
line.  This is not good for you, it’s not good for anybody and if fraud has been committed I want to get rid of it, I want to

Donna Morasci:  Fraud has been committed what else could you call it

Director Ross:  Years and years, and years (iniaudible)

Donna Morasci: Somebody had to stop and think how are we going to get these other two
meters in ah, in, in in my name?  Who’s going to benefit from this?  Mrs.
Poe!  Period.  Dot. Dash.  Mrs. Poe!  The Poes. It’s their sons.

Director Afanasiev: Mam, which county do you live in Mariposa or Tuolumne?

Director Ross: Mariposa

VP Kinsella:  This is Mariposa

Donna Morasci: Mariposa, well no, that property is on both Mariposa and Tuolumne

Multiple voices

Donna Morasci:  Which property, the property we’re talking about, where I live is Mariposa.

Director Afanasiev:  I mean the property we’re talking about

Donna Morasci:  The property we’re talking about is there’s a little bit, is, is Tuolumne and the other part is Mariposa, the bulk of it is Mariposa County.

Director Afanasiev: Ok, can I make a suggestion and talk to DA Segrestrum in Sonora?

Donna Morasci:  Sure, yeah.  Well you know what, the DA is one thing, civil is the main thing probably, in my mind, and what you know as far as the, hey, someone needs to check out what’s going on here’s where I think the cover up is – you guys know those meters were in all these people’s different names and instead of, did you call, did I get a notice or a note saying hey we want to hear from you?  Did Ramona Shaw get one?  No.  And Ross is trying, has tried to cover it up.

Director Ross:  I haven’t covered it up (inaudible)

Donna Morasci:  But I want it on, I want it on the record he doesn’t know my friends and I’m not, I’ve seen him twice and you know what?  And I don’t, you know, I don’t want to deal, I don’t want to deal with him, and I didn’t like him when I first met him.

Director Ross:  Well that’s nice

VP Kinsella:  OK, ahm, then, you will contact the District Attorney in both counties?

Donna Morasci:  Well I’ll contact some, I’m already in a process

VP Kinsella:  Well either or

Cross talk

Donna Morasci:  I don’t know if it’s DA, well yeah, maybe I will they might

VP Kinsella:  Well if they

Donna Morasci:  You’ll find out

VP Kinsella:  If it was perpetrated in both counties then both counties should be contacted and then let them work it out as to who the lead county is going to be

Donna Morasci: Technically (multiple voices) I think those members are probably right
on Tuolumne ah County

VP Kinsella: The, the, the

Director Richardson:  Ah, kind of in a weird position here but, in, in light of your, your statement of your public reputation and stuff I have written blogs on the internet about
things that transpire in here

Donna Morasci:  That’s what I picked up

Director Richardson: I thought that might been, I thought that might have been it

Donna Morasci:  That’s where I had a heart attack

Director Richardson: I want to assure you I’d like to get together with you and you give me
the factual information and I will certainly write a blog explaining the whole
situation, what really happened.

Donna Morasci:  Thank you, I appreciate that.  All right.

VP Kinsella:  Thank you.  Any other comments from the audience?  OK, I’ll introduce

Wes Barton:  Maybe you wish it was me instead huh?

VP Kinsella:  Huh?

Laughter – multiple voices

VP Kinsella:  You got all the attention this time (laughter)

Donna Morasci:  Well I appreciate your time really

Multiple voices

VP Kinsella:  Oh you’re, you’re welcome

Wes Barton:  It had nothing to do with you

Donna Morasci:  Well that’s OK

Laughter

VP Kinsella:  Ms Morasci….

Donna Morasci:  I need a good laugh

VP Kinsella:  Lew will, you’ll get in touch with her?

Director Richardson: Sure

Vp Kinsella:  Lew will get in touch with you and he’ll get his portion straighten out, and then we’ll work with the district attorney or any other agency that ah makes an inquiry on
it

Donna Morasci:  OK

VP Kinsella:  But it has to be a legitimate agency though

Director Skoien:  Yeah

Donna Morasci:  Well we only did, of course I guess you know, I don’t know that kind of crud is an irritation too, of course it would be a legitimate, get real, you know?

Director Afanasiev:  Well you’d be surprised (multiple voices – inaudible)

Donna Morasci: The illegitimacy is setting in this room

VP Kinsella:  Whoa (laughter) there are

Donna Morasci:  I’m serious you make accusations about people that are not true and you know and how many people have attended these meetings a bunch and my name has been
dragging around in here, it’s not right.

VP Kinsella:  OK, thank you

Sally Punte:  Is this the first you heard of this?

Donna Morasci:  Yes

VP Kinsella:  OK, any, any other comments?

Donna Morasci:  They talked about it in October, they talked about it (inaudible)

VP Kinsella:  OK, the next item is the presiding officer’s report, since I’m the presiding officer, there ain’t no report (laughs) The next item is Board reorganization, we need a
president and/or vice president.  So,

Director Afanasiev: You mean president and vice president not or?

Charise Reeves:  Yes

VP Kinsella:  Well if somebody else is named president

Director Skoien:  You’re still the vice president

VP Kinsella:  I could still be vice president

Director Afanasiev: No, no if you’re not nominated, according to the (inaudible, multiple
voices, cross talk, laughter)

Director Skoien:  Yeah cuz he’s just acting, he is the vice president

VP Kinsella:  OK, we will, OK let’s open it up, and it’s nomination for board president.

[NOTE: I don’t know about you folks, but that’s enough for me right now.  We’ll pick up the next blog during the nomination process, until then, HAPPY NEW YEAR’S DAY!]

My best to you and yours, Lew