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Continuation of the October 21^st, 2011 Special Meeting

Verbatim transcriptions based on analog and/or digital recording of meeting.

Probably the best way to proceed through portions of  transcript will be with my personal comments displayed in [Brackets and italicized] – because attempting to refer back to the material at the end, if presented in a one block transcription, would be redundant and time consuming.  

The first SO GOSIP (Same Old Group Of Special Interest People) speaker to begin the traditional attack on this website and my PERSONAL OPINION, was Kathy Agee.   As you will see in the following verbatim transcription, TUMMOTA (The Unidentified Male Member Of The Audience) provides the opportunity for this barrage of personal attacks to begin and encourages it to continue despite multiple admonitions on my part that the material was not business of the district. But of course you must remember TUMMOTA had been represented as a state investigator from the Attorney General’s Office.  GOOD GRIEF!

I have a rather complex sentence coming up here so I’ll break it up-

Ironically, the three SO GOSIP representatives, (all in the real estate/land development industry),

who defamed me in a pubic business meeting, (Hey Kathy – Good example of slander – the spoken word),

with the assistance of an unknown individual who may have impersonated a State Law Enforcement Official on official business for the State Attorney General’s Office,

only again “KA-BOOMED” themselves by providing me with another opportunity to reasonably respond. 

You folks may have accidentally raised a number of other important matters as well.  I look forward to commenting on them eventually, so thank you, but first a variation of an old joke from the 1980 movie AIRPLANE with Leslie Nielsen as Dr. Rumac:          

“Surely, TUMMOTA knew how to conduct a public business meeting?”

“Apparently he did not – and stop calling me Shirley.”   

 

WHO IS THIS REGULAR SO GOSIP SPEAKER?

I am only familiar with Kathy Agee as a real estate agent who previously worked with Harry Alfier through his Lake Don Pedro Realty office in La Grange – just down HWY 132 in Stanislaus County.  I have no idea whether she still works out of that office.   Other than at CSD meetings the only place I believe I have ever seen Mrs. Agee was when helping Mr. Alfier move someone else’s recreational vehicle to Alfier’s property on the Deerwood-Alfier Developer Convenience Road on Alamo Drive hill.  (I was helping the land owner rake and burn brush when suddenly Harry came driving up the Deerwood/Alfier Road with the motorhome’s horn honking the entire way.  I believe it was Kathy who was driving another vehicle behind Harry, probably so he wouldn’t get a citation for the expired registration tags.  Lol  I remember this because it was just after the appellate court in Fresno upheld Mariposa County Superior Court Judge Parrish’s decision regarding a dispute between The Deerwood Corporation, Harry Alfier and the property owners of the land.  The developer convenience road begins on this couples property then diagonally crosses and proceeds to other properties at least 3 owned by Thomas Porter/Deerwood Corporation and one by Harry Alfier.  I remember wondering why he was making such a production out of the matter but after years of watching the deterioration of that RV I realized it was the same type of “gotcha” Harry pulled on me across the street from the home I was building.  But that’s a story I’ll bring up from the old website later.    

CRAZY FACT RELATED TO SRA STANDARDS

Anyway, so Judge Parrish ruled in favor of Deerwood and Alfier and then in a horrible coincidence the Judge lost his own home to a fire where a similar roadway was involved since that driveway/road was also narrow and had a “hairpin turn”.  As bad luck would have it that “hairpin turn” was the exact place two fire engines broke down and could not respond to the residence.  This unrelated tragedy never-the-less is a perfect example for why 1991 SRA (State Responsibility Area) Fire Safe Roadway standards were established – to provide safe accessibility for emergency firefighting equipment and adequate escape for residents during an emergency.  Again, getting off topic……

BACK TO: WHO IS KATHY?

Anyway, I do not know Kathy but imagine much of her anger and resentment towards me is grounded in my strong and vocal opposition to the construction of dangerous roads in this community by the Deerwood Corporation, and of course, one of them just happens to be very beneficial to her former/current work associate Harry Alfier.   Quite interesting how these roads were based on nonexclusive easements filed years after the Final Subdivision Map was approved by the county.  Questions still remain as to whether a standard grading permit was ever timely obtained which should have triggered CDF/CALFIRE involvement in roadway construction approval or merely an encroachment permit for a driveway to connect with a state or county maintained roadway.   But most importantly: who were these roadways to benefit?  The public and residents who would use them or private business and their financial concerns?    

OK FIRST BATTER UP:  KATHY AGEE

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Kathy Agee:  I just want to make a point, ah, with ah, what Ruth had to say as far as ah directors should commit themselves to focusing on issues and not personalities, present, presentation of the opinions of others should be encouraged, ah, you know this, this is something that ah, I and Lew I just, you know your, your recent blog about Emery and, and the blogs

Director Richardson:  I’m sorry that’s not business of this district.

Kathy Agee: Ah if you’re attacking with your position as a board member and you attack us after we’ve been in one of these meetings and you’ve put in your little, you know, opinions

[Not attacking with position – have been writing on LAKEDONPEDRO.ORG for over six years!]

 

Director Richardson:  Umhum

Kathy Agee: not facts, your opinions

Director Richardson:  Umhum which I labeled as such

Kathy Agee: but I think it’s not when you’re in the position that you’re in as a board member then you need to be limited to attacking, and that’s where you’re intimidating about us as ratepayers stand up here and say something because we don’t know how you’re going to take it and put it on your blog about us.

Director Richardson: Wel – you know, I, I would accept that except for one thing, I’m not doing the attacking, I’m doing the defensive.  I’ve been ah, called a liar, a thief, dishonest.  I’ve had people mess with my truck during open meetings – that I’ve had to go out there and stop that, I – don’t tell me that’s not true, that is true

Unknown:  I didn’t say it was

Director Richardson:  No, I was- it’s Carolyn.  But anyway ahm (multiple voices) no, no I, I am defending myself and you may not agree with my opinion and that’s fine we all have opinions, but if you see something that you think that I’ve written that is untruthful or un-factual please let me know what it is.

[My personal opinion is not subject matter for the CSD.  I have been writing for over six years about very serious issues affecting this community and if particular “personalities” have created or perpetuated these problems I will continue my PERSONAL OPINION reports on such activities.  If the SO GOSIP are intimidated by what I write they should perhaps seriously consider what they say at meetings because when they accuse me of lying or misrepresenting the truth, I will continue to defend myself with truth and fact and if that defense portrays the SO GOSIP as ill-informed, ignorant, or purveyors of disinformation, well, that falls on them for making the spurious statements in the first place. 

RECALL THE CSD ATTORNEY’S RESPONSE TO GRAND JURY?:

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

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

MY OPINION?  Providing the truth and facts regarding this district (along with information about those who wrongfully interfere with its business) most certainly represents the District’s interest as a whole.]       

TUMMOTA:  Doesn’t she have the floor?

Director Richardson:  Yes

[Technically no because Kathy is not a director, and Director Comments is not a question-answer period]

TUMMOTA:  Then why are you speaking?

Director Richardson:  Because she was speaking to me.

TUMMOTA:  No, she made, you interrupted her

Director Richardson:  (TUMMOTA speaking in background) No she was speaking to me directly – she was not speaking to the board.

TUMMOTA:  You cannot stop her speaking until you, OK, that’s fine

Director Richardson: OK

VP Kinsella:  OK

[Kathy Agee started by addressing her comments to “Lew” rather than the Board Chair, it started off personal to an individual who has administered a website for over six years as a citizen, not a director.]

Kathy Agee:  Well on the blog that you slandered me when I made a

Director Richardson: (softly)  I never slandered

[Had I defamed Kathy Agee, which I did not, it would have been libel, not slander.  Kathy Agee should do a little less talking and a little more research before accusing someone of a civil wrong which they have not committed.]

Kathy Agee: mistake by saying ah cutting corners

Director Richardson:  Yeah

Kathy Agee: when I corrected myself and said I meant cutting spending and you said well, maybe that’s the way Kathy does in her real estate.

Director Richardson:  No, I never said that

TUMMOTA:  You can’t speak, she has got to get her full

Director Richardson:  Well then you tell me why I should be allowed to sit here and be attacked?

TUMMOTA:  You are a director you should, you don’t listen

Director Richardson:  This is not District business

Multiple voices (TUMMOTA and Smith)

TUMMOTA: You need to listen to her, keep your personal comments until she’s done

Ruth Smith (LDPOA Appointed Director simultaneously talking in background) See why we don’t like to come to the meetings?

Director Richardson: This is not District business

TUMMOTA: (Inaudible) getting personal, well that’s too bad do you think she doesn’t have a right to speak because this isn’t business of your ah, or what you want to hear her in this ah this ah

[BINGO!  It appears TUMMOTA might have finally grasped my repeated admonitions about business subject matter and got a little tongue tied when he realized he had painted himself into a corner.]

Director Richardson:  We’re supposed to be discussing CSD business

TUMMOTA:  It’s not a discussion when she’s at the lectern

Director Richardson:  When she’s talking about a personal website that I run as an individual –

TUMMOTA talking in background

Director Richardson:  is not an issue of this district

TUMMOTA:  You are out of order, and you shall

Director Richardson:  I think you are out of order

VP Kinsella:  Oh, oh, OK

TUMMOTA:  No you are out of order and you know it

Director Richardson:  No

TUMMOTA:  So I would appreciate it (multiple voices) allow the constituents of this county

Director Mark Skoien:  This is great

TUMMOTA: to speak and not interrupt at every single turn.  Because you just (inaudible) disallowed her to get her point across you’re trying to shout your, these people down.

Director Richardson:  Her point

TUMMOTA:  This is not a bu, this is not a bully pulpit and that is not a bully board.  Just leave it at that and let her speak.

[A bully pulpit is a public office or other position of authority of sufficiently high rank that provides the holder with an opportunity to speak out and be listened to on any matter. The bully pulpit can bring issues to the forefront that were not initially in debate, due to the office’s stature and publicity.

This term was coined by President Theodore Roosevelt, who referred to the White House as a “bully pulpit,” by which he meant a terrific platform from which to advocate an agenda. Roosevelt famously used the word bully as an adjective meaning “superb” or “wonderful” (a more common expression in his time than it is today).

Does anyone else recognize TUMMOTA just made my point?  The BROWN ACT speaks of “Business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency”]

Director Richardson:  And this is not District business, be that on the Record.

TUMMOTA:  Does it matter?  

Director Richardson:  OK

TUMMOTA: It’s all – your (inaudible, multiple voices)

Director Richardson:  Go ahead Kathy, I’m sorry Kathy, please continue

TUMMOTA:  (Still talking) cuz it’on the record.

Director Richardson:  Yeah, yes it will be

TUMMOTA:  Stating it’s on the Record is kind of an erroneous comment

[TUMMOTA apparently doesn’t understand, I wanted my comment to be contained within the Official Minutes because he was personally facilitating interruptions of our business meeting.]

Director Richardson:  It will be, I’m sorry Kathy go ahead

Kathy Agee:  Well it, it is District Business because it was when I spoke at a meeting regarding District Business and correct me if you could quote how you said it, maybe I’m not using exact quotes, about when I said cutting corners and you, OK, could you please correct me and tell me what you said in there?

Director Richardson:  What I said was I think, you’re misusing the term cutting corners I think that implies something illegal or lack of quality, and you and all your friends that were sitting there said no, no, no it just means saving money and I said I think you’re wrong and we let it go as that.

Kathy Agee:  No, then you said maybe this is the way she does her real estate?

Director Richardson:  No, on my blog, on my blog what I stated was, cutting corners maybe something that’s done in real estate because we’ve had many people who come to these meeting and to the other board meetings when they never received their known disclosures.  But I did not use your name.

Kathy Agee:  It was in the paragraph about me, Kathy Agee

Director Richardson:  But it did not say Kathy Agee cuts corners, no it didn’t say that, it said maybe that’s what happens in real estate

Kathy Agee:  You insinuated that in (multiple voices)

Director Richardson:  That, maybe that’s the way you took it, but I think you should re-read it, that’s not what was said.

Kathy Agee:  I will re-read it

Director Richardson:  Please do.

XXXXXXXXXXXXXXXXXXXXXXXXX

GOOD GRIEF!  Here we go again with discussion taking up meeting time for what purpose?  No wonder meetings can go for four to five hours.  What did Kathy Agee actually say and what was my “blog response” to which she is so offended?

FIRST: KATHY AGEE’S ORIGINAL MAY 4^th, 2011 MEETING STATEMENT:

“My point is, you don’t get your financial plan and say, gee just because we need this money this is what we’re going to do… which I agree and appreciate you guys as far as this three thousand dollar hook up which is ridiculous, a thousand to me is ridiculous, but it’s kind of like the old game, you know, you play back and forth with the numbers, OK, a thousand sure looks better than three thousand.  Well five hundred really, $500-$600 that is just more reasonable than what you’re talking about, that’s just my opinion versus a lot of other people that I talk to, but I’m just saying, everyone has to cut corners, ah…”

[If any “old game” is being described here it is the one traditionally played when purchasing property.  A monetary negotiation process involving a seller’s initial high listing price and the purchaser’s lower counter offer –let the games begin.  Same as with purchasing a vehicle – the window sticker is the initial offer but for those who shop wisely and are educated as to the many variables used in calculating the MSRP (Manufacturer’s Suggested Retail Price) much money can be saved.   Kathy appears to compare the financial requirements necessary for our nonprofit CSD to provide water with the typical real estate offer-counter offer negotiation process to get a firm sale price.  This is absurd.  Apples and Oranges.]

Director Richardson:  Cut corners?

Kathy Agee:  Even here, cut corners as far as

Unknown:  Cut corners

Kathy Agee:  maybe, you know, these

Director Richardson:  I think that’s the wrong expression

(laughter)

Kathy Agee:  Cut corners?

Director Richardson:  I think cut corners means you’re not following the law

(laughter)

Kathy Agee:  Oh really?

Unknown:  That’s not the way

Unknown:  That’s not the way I take it either

(Multiple voices of agreement in audience that cutting corners was appropriate)   

 

SECOND: NOW THIS IS WHAT I WROTE IN A September 7^th, 2011 blog entitled:  “Carlin’s Thinking Cap”:

“KATHY CUTTING CORNERS

A few meetings back there was an exchange between the “SO GOSIP” audience and members of the board regarding reducing the reconnection fee when Kathy Agee suggested the CSD “cut corners” to save more money.  I knew what she meant but still advised such term generally had a negative connotation implying something wrong or illegal.  I was surprised how many of the local real estate crowd immediately supported Kathy’s meaning as just doing things cheaper.

When I think of “cutting corners” I immediately think of construction related activities where quality (perhaps even safety) is sacrificed for cost savings or expediency.  There are many examples, thin concrete, inadequate rebar, undersized beams, lighter gauge electrical wire, blahh, blahh, blahh, all sorts of things where people can chose to “cut corners” and quality suffers.  When used in regards to driving, “cutting a corner” is like avoiding a traffic light wait by cruising through the corner gas station parking lot which I suspect the California Vehicle Code frowns upon.

I wonder what aspects of the real estate business these folks believe are amenable to a positive connotation of “cutting corners”?  Perhaps on little things like, “Known disclosures?””

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THAT’S WHAT I SAID – SO WHAT?

The whole issue of “known disclosures” is based on the numerous complaints by owners through the years who have stated they did not receive such information at the time they purchased their property.  Certainly Deed Restrictions on property are not a big selling point as they once were since the whole concept of CC&Rs (Covenants, Conditions and Restrictions) to protect property values from uncontrolled growth and development are only as good as the people who are elected/appointed to enforce them.   Without enforcement they are worthless and Lake Don Pedro has the history and developmental scars to prove that very point.    

 

MORE MEETING TIME SPENT ON NON CSD ISSUES

So once again CSD Meeting time was consumed in addressing yet another groundless accusation by Kathy Agee who apparently wants to punish me for making a joke about her prior poor choice of words.  Most of us realize, “cutting corners” implies a negative activity often affecting quality.  Kathy argued otherwise, later apparently changed her mind, and now attacks me.  OK.

You know, had Kathy Agee stated the Deerwood Corporation was “cutting corners” with respect to its construction of access roads to serve multiple dwellings, well I would have agreed whole heartedly, but alas, perhaps Mrs. Agee also believes these roads are not dangerous?.

BIRDIE TOLD ME

THIS IS SO COOL.  I’m sitting in the garage scratching hand written notes for a blog.  The garage door is only partially open but this Nuthatch flies under and sits on the garbage can that contains the bird seed and starts pecking at the top.  Talked to him a bit but he continued pecking.  Whoa.  Did some little creature just remind me to fill the bird feeders or was it a mere coincidence?  I’m thinking the former, but regardless, I’ve got some outdoor chores to complete.  Later.

My best to you and yours, Lew

 

Continued report of the OCTOBER 21^st, 2011 SPECIAL MEETING  

Verbatim transcript based on analog and/or digital recordings of the meeting.

 

Well, as is so usual for this time of the season I am scrambling to get things done before more rain.  Storing firewood, burning debris, and spraying herbicide in a frantic attempt to preserve some of the weed eating work completed this last spring.  The older I get, the more challenging it becomes but such is life in these foothills – wouldn’t trade it for anything. 

So much has happened lately.  Difficult to believe it’s already been 21 days since the October 21, 2011 meeting where Harry Alfier, owner of Lake Don Pedro Realty and Coralane Porter, daughter of Thomas Porter, president of the Deerwood land development/mortgage corporation, both called me a liar –  and I am anxious to address their comments.  Sure, some might argue I could just consider the source (lack of credibility) and let it go (ignore them) but I disagree because people like that will continue to repeat such garbage in the absence of a challenge.  Besides, every time they make such slanderous statements about me they provide a reasonable opportunity for me to defend myself which only further illustrates their disingenuous character, lack of integrity and personal control.  

Unfortunately there is some other information that needs to be covered which occurred prior to multiple personal attacks by members of the SO GOSIP (Same Old Group Of Special Interest People) orchestrated by TUMMOTA (The Unidentified Male Member of The Audience). 

Incidentally, I realize most of you know what SO GOSIP and TUMMOTA stand for but it bothers me when an author uses an acronym without clearly stating the explanatory definition for the letters used.  I’ll only do it once per posting for the sake of new viewers. 

YOU WILL “RECALL”

TUMMOTA had represented himself as being from the State Attorney General’s Office in Sacramento.  Oh but there was much more to that embarrassingly deceptive and illegal plan.  [AG’s office was investigating our LDPCSD?  Ouoooo, actually sounds pretty good to me.  Why not start with how local government was corrupted with the special interests of real estate and land development?]   He wrongfully interrupted an official meeting and directed how the SO GOSIP should continue their all too typical disruption of meetings with complaints about matters not even close to the business of the district.   TUMMOTA failed to clearly identify himself to those who asked – couldn’t intelligibly pronounce his own name – no business card – complete absence of any authentication of his position or authority what-so-ever.  Pretty serious stuff when you think about it – even bigger than just interrupting a government agency business meeting.   You know, in addition to the SO GOSIP Wile E. Coyote “KA-BOOM” Syndrome (blowing themselves up when repeatedly and unsuccessfully pursuing the Road Runner) another old expression is appropriate:  “Give ‘em enough rope and they’ll hang themselves”. 

Let’s jump back into that meeting with the “REPORT OUT” of the Closed Session deliberation regarding the personnel issue at 1241hrs.

XXXXXXXXXXXXX

Vice president Bill Kinsella:  “The board has been placed in an extremely difficult position and as with any decision that’s made by anybody, you’re going to get somebody that’s going to be happy, somebody who’s not going to be happy.  My own personal opinion is that both Charise and Dan are outstanding people and great employees and I, I’m happy to have them working with us.  The board has had an extremely difficult time trying to resolve this issue.  Some of the issues that were mentioned have already, fall under the operation activity, and some of them have been resolved.  The primary issue in Charise’s eyes is that she not report to Dan as her supervisor unfortunately the government code identifies that all employees report to the general manager so the board cannot honor this particular request.  At this time the board believes that a mediator might be able to assist us in resolving the matter.”

[NOTE: The two employees agreed to give the “mediator process” the opportunity to resolve their differences.  A mediator had previously been suggested by the former Grand Jury to assist the Board of Directors in working out some of their difficulties.] 

VP Kinsella:  OK.  The board, other board members have requested time to express their thoughts and I’ll start with a the old board member Emery

Director Emery Ross:  (Laughing) You know Charise, ah, I was going to make a comment, ah, and then I didn’t earlier, you know when the board came out but, ah, I see you (inaudible) l see Betsie, you know, a numbers person and ah, you know, Betsie ah, at ten o’clock at night wants to pay bills, you know, I want to go to bed.  And I think that this, that we got to be a little more flexible Dan must, has to be, like Betsie said when she needs to add columns up and stuff you need quiet and that’s why you, maybe you want to be there the hours that you are there and I think there needs to be flexibility because you get interrupted on the phone call (inaudible) you’re finance and ah, I think there needs to be some flexibility you know, in that area, ahm, you know, I write my stories at three o’clock in the morning because I want quiet and I assume that that, your time, all I want as a board member is you guys to get your time in, you know.  You come and go as far as I’m concerned because of your, you know, numbers thing that you do and I’d like to see some flexibility there Dan, you know, in that area if possible, you know.

VP Kinsella:  Mark?

Director Mark Skoien:  Well I just hope that, I want you guys to work it out, I don’t, I don’t think it’s unworkable, I mean, a lot of these things are, can be worked out with give and take by both sides and maybe this happening and going this far might, might make it easier for you all to do it.  Ah, it’s just, it’s a lot to have on this district right now, I mean, we’ve got a lot going on and (laugh) it’s ah, well timing is everything I said, I just, you know I guess, so, I, I, I’m going to think positive that we can work it out with ah some kind of mediator and then reassess everything, both parties making some changes this is not a one way deal, I mean a lot of it is he said she said deal, so, I think there’s flexibility in both of you and I, and I hope it comes up positively.  That’s all.

VP Kinsella:  Lew?

Director Lew Richardson:  Uhm, I pretty much agree with, with the other directors said, I was going over all this, this morning and it occurred to me that some of the issues that were controversial to begin with seemed to kind of work themselves out after there was a even minimal dialog in just the meetings we’ve had and that’s what I would think, hopefully, maybe a mediator could push that even a little bit further, you know with the training and stuff.  And I too am very optimistic, because I think you’re both great employees and whatever the difficulty is I hope it could be worked out because ah, we all, we all depend on each other.  That’s about it.

VP Kinsella:  OK.  My final comment, ah, I’ve always worked as a salaried employee for many years, at least 30 days and I always had the latitude to adjust my schedule to the work habits, ah, there seems to be a lack of communication between Dan and Charise as to when she can or cannot ah attend a meeting, or when she can or cannot be at work on time, I don’t think that salaried employees in this situation, because we are such a small unit ah, should be held to rigid hours.  I think that a going by and seeing Charise’s car in the parking lot at seven o’clock at night ah really bothers me but nobody appreciates that, but if she shows up and you know, there again you, you made a comment yourself, that if she shows up 15 minutes late everything is thrown into turmoil.  I don’t believe that, I believe that if, if you work together that’s fine.  You work hours, early hours, Charise works late hours, so I don’t see, I don’t see a problem with that.  And I do get upset with people who ah constantly criticize and don’t have a solution, or don’t even offer a tentative solution as to what’s going on.  And ah,  I’ve been a victim of that for many, many years, up here.  So I am hopeful that you two can get together and resolve some things, it’s going to have to be a give and take situation on both sides and if you want to sit down over a cup of coffee sometime I think that might be a good idea but, can’t force you to do any of that stuff.  I know that Charise is doing an outstanding job with finances and Dan I’m really impressed with the operations that you’ve performed here, so, I know that you guys can do the job and I know that you can do it very well, problem is you’ve got to keep that line of communication open.  Yes

Unknown female audience member:  (Speaking from audience) Who’s paying for a mediator?

VP Kinsella:  Say again?

Unknown female audience member: Who’s paying for the mediator?

VP Kinsella:  We have to pay for the mediator

Unknown female audience member:  I don’t want to pay for a mediator

VP Kinsella:  Huh?

Unknown female audience member:  I don’t want to pay for a mediator

Director Ross:  Well, we do, you know, we think it would be money well spent

VP Kinsella:  I think, yeah?

Carolyn Bartholomew:  I’ve worked, like you were saying, I’ve worked on many jobs too and, but I have never been able to bring my kids to work, I mean, I always had to work my problems out before I got to there, I had to have my babysitters lined up, or mother-in-law, or my mother, or whatever, I never heard of anybody getting to bring their children to work and then to lock them in a room, what if, it’s like Dan that said what if, what if, one of them fell, who’s liable?

Charise Reeves:  Me.

VP Kinsella:  She is.  Did you, did you listen to Charise’s statement earlier today?  How that she made the comment that the board that hired her knew that she had children and knew that she, that there’d have to be a give and take on that part?  And there was no problem?

Carolyn:  It still doesn’t make it right though Bill

VP Kinsella:  We’re not talking about right or wrong, we’re talking about

Charise Reeves:  (Inaudible – crying) my daughter will never be —

Carolyn:  (Making shushing sound)

VP Kinsella:  We’re talking about

Charise Reeves:  — here

VP Kinsella:  an agreement between the board and Charise, period.

Charise Reeves:  (Leaves board room upset – audio recorder still running.

[END OF TRANSCRIPT]

ATTACK ON AN EMPLOYEE NOT PRESENT BEGINS

Following the Board Secretary’s departure (upset regarding comments about her daughter having been at the office a couple of times due to scheduling difficulties) a number of discussions were initiated by members of the SO GOSIP.   Ruth Smith, who like Carolyn Bartholomew is a sitting appointed director with the Lake Don Pedro Owners’ Association [no election in two years since the Porter recall of that former board], commented on what they believed to be the proper handling of the matter. 

Ruth Smith spoke of “common courtesy” in reference to contacting a supervisor and advising them of being late [this goes to the heart of a controversy regarding hourly vs salary compensation designations]. Coralane Porter (daughter of Thomas Porter, president of The Deerwood land development/mortgage corporation) also used the same term “common courtesy” in her comments about the situation. 

Unbelievable.   Here are two directors from the LDPOA voicing their opinions on how the CSD should be run when their own organization’s board does not have the “common courtesy” to acknowledge, much less respond, to repeated complaints about the LDPOA’s failure to enforce 40 year old subdivision CC&Rs.    Wonder if that nonresponse policy had anything to do with their personal relationships with the violator who just happened to be a local real estate business owner?  Anyone care to take a guess who?  Talk about hypocrisy! 

Kathy Agee (a local realtor formerly associated with Harry Alfier’s Lake Don Pedro Realty office in La Grange, Stanislaus County – unknown if she is still working there) questioned Bill Kinsella about director responsibilities and not working as an individual.  Agee seemed especially concerned that Kinsella had no problem with a staff employee attending a “Recall of CSD Directors Meeting” held at the former Deerwood Corporation Sales Office on Merced Falls Road.  Agee felt such attendance was inappropriate although she acknowledged CSD Director Emery Ross was specifically invited.   Kinsella advised Agee she was commenting on a conversation she was not privy to and taking it out of context and he would not continue “beating a dead horse”. 

TUMMOTA SPEAKS!

TUMMOTA (from the comfort of his SO GOSIP chair in the back corner of the board room) interrupted and commented that ROBERTS RULES OF ORDER should be adhered to in our meeting.  VP Kinsella advised he wished the organization followed such rules and had brought them up in the past but CSD did not operate by them.  TUMMOTA stated that was a problem and every one of our meetings should follow them.  Wes Barton attempted to explain to TUMMOTA the decision not to incorporate ROBERTS RULES was a CSD policy.  Kathy Agee then continued her complaints regarding director roles and responsibilities and the relationship between supervisor and employee.

TUMMOTA SPEAKS AGAIN

Our “officious intermeddler” then attempted to characterize in his words what he interpreted the board said but was immediately corrected by VP Kinsella.   I questioned TUMMOTA’s statement of the SO GOSIP speakers being under oath to which he responded it was “a matter of honesty and integrity”.   [Sure doesn’t know the group he was representing and allowing to violate the Brown Act!] 

TUMMOTA stated he took “fastidious notes of ever, every word spoken by the parties that I want to hear but when I, (inaudible) the more I see people come to this podium and be berated that is a problem, and it will remain a problem, it will become your problem if this goes on again if I ever hear that again, now leave it at that and we’ll go forward”.

[Fastidious notes?  Good grief, why not simply tape record the meeting like everyone else?  Who the hell does this guy think he is – I mean besides a representative of the State Attorney General’s Office?  You know, I’ll bet you money, marbles or chalk there are some legitimate government officials anxious to talk with TUMMOTA the imposter, but who knows?  Maybe he is undercover for the FBI now?  Or Secret Service?  Maybe he’s a private security guard at a 7-11?  Maybe he purchased his badge at a pawn shop?  lol]

When TUMMOTA contradicted my observation that he was lucky to see people come to the podium because most of the time they don’t, I asked him how many meetings he had attended to which he responded “that’s not important”.  I advised “of course it is because you’re talking something you don’t know anything about”.

TUMMOTA stated it was adversarial to have ratepayers speak from the podium.  I explained to the misinformed attendee that speakers were not asked to speak from the podium to intimidate them but so the recorder could pick up their words, otherwise what they say would be inaudible.   I advised TUMMOTA was making my point – because he too was interrupting and speaking from the back of the room which is what usually happens at our meetings and it’s very difficult to get an accurate transcription and give the public their fair say when everything is inaudible. 

TUMMOTA demonstrated further ignorance regarding our procedures by asking questions about transcriptions and stating anyone asking for a transcript should be furnished one even if they had to pay for it.  I responded:  “I love it, you know you’re making my point?  You’re making my point that all these people (SO GOSIP) have been against (laughs)”

Wes Barton spoke on some of the history of the LDPCSD, difficulties faced, reiterated the policy regarding Roberts Rules and discussed audio tape retention since the lawsuits.  TUMMOTA asked if they were under lock and key?  Yes.

ANOTHER ATTACK ON AN ABSENT EMPLOYEE (WRONG!)

A female member of the audience commented that she started coming to meetings since February and always though Charise was a board member and proceeded to negatively evaluate her performance.  “She runs the whole show, and nobody stops her.  I don’t understand how you guys can let this woman run these board meetings, she’s always whispering with Lew, we don’t know what they’re saying.  Nobody will stop Charise from running these entire board meetings, and I don’t understand why.”

[INCREDIBLE!  This woman’s comments are ridiculous and illustrative of the sustained attack on our Financial Administrator by the SO GOSIP.   You will “recall” that the former director who had to resign in order to accept a plea bargain to a lesser criminal offense (providing false information to a Peace Officer) was set on terminating Charise’s employment but when that attempt failed the SO GOSIP turned on the IGM, yet now appear to support the IGM while continuing the original attack against Charise.    Just for clarification of those ignorant enough to believe such nonsense:  When I first came on the board I advised Charise that I would appreciate a “heads up” if she noticed something improper happening during a meeting and I stand by that request.    

“Always whispering with Lew?”  That is an absolute fabrication of the truth and simply listening to the audio tapes will confirm that fact.  Sure is funny how this lady will complain about the Board Secretary advising me (only because I sit next to her) about an error in procedure yet (this lady) doesn’t make a “Peep” when a director’s wife walks behind the dais DURING A BOARD MEETING and whispers into the former president’s ear! [The president who had to resign due to criminal charges]  Or when that same director’s wife later passed a written note to her husband during the meeting to remind him to personally attack me!  LOL

Here’s some more verbatim transcript.

XXXXXXXXXXXXXX

KATHY AGEE:  I just want to correct Lew, I don’t know of anyone that said they didn’t want these meetings taped, I don’t know of anyone

Director Lew Richardson:  I didn’t say taped, I said transcribed.

Kathy Agee:  Oh, I thought you said taped

Director Richardson:  No, no.  Transcribed.  I think it would be great if all our meetings frankly were verbatim.  Were verbatim so that every ratepayer, especially the people in Colorado and Arizona, half our membership, half our customers are out of state, they could get on the website and read every single word that occurs in here.  I’d have no problem with that at all.

Harry Alfier (Owner Lake Don Pedro Realty):  I’d just like to address the board as far as ah, show my support for Dan Tynan.  I think he’s done a fantastic job since he’s been here and as far as this issue with Charise, ah, I’ve never worked anywhere where I’ve got an employee pretty much run the show and tell me where to stick it and how to do my job and it seems like ever since the man’s been hired as Interim GM she’s been keeping copious notes waiting for this moment to undermine her boss basically.  Just seems to me that that this whole complaint was nothing more than her way to take the heat off from her for being reprimanded by Dan on the issues of bringing her children to work, showing up late for work, ah, numerous issues and just, and again I think it because she does not want to be accountable or be responsible for some of the decisions and some of the behaviors she’s exhibited towards the boss.  Again, I don’t know anybody, you might ask Charlie Sheen how it worked for him telling his boss to F off.

(inaudible) So where she comes up with her authority and and you know I feel bad that she’s upset but I, bottom line I don’t think you opened this can of worms I think Charise did, I think she over played her hand ah, I, I think she decided she was going to undercut her boss and that you guys would back her 100% and and Dan would be showed the road.  And I think it really, you shouldn’t be telling Dan how to do his job whether he should show flexibility.  If he thinks someone’s not living up to their standards, and I think he has the right to take them into their office and talk to them.  Ah I don’t really think that, I’ve never heard him raise his voice to anybody, now he may have been agitated and raised his voice, I doubt very seriously if he yelled or intimidated I think the way she framed her whole argument here is that, you know, it’s an attack upon a woman employee which raises a flag immediately that you’re going to have to take her side and I think these these accusations by her are very serious they could follow this man around the rest of his life and I think they’re as much serious as they are claiming that she’s being ah exposed to a hostile work environment.  SO I do applaud you for maybe bringing in a mediator a neutral third party to talk to them both and get to the bottom of it.  And I think some things need to be looked into you know, there’s rumors out there different things that maybe Charise has been involved in that are more serious than you know, a hostile environment or some of the other issues, so I do applaud you for bringing a mediator and I would like to see you give your general manager, let him do his job, I, I can’t think he seems like the kind of man to yell at anyone if someone’s not living up to what they should be I think he has every right to to talk to them about that and I would hope you would let him do the job.  Thank you.

VP Kinsella:  Any other comments?  Ruth?

Ruth Smith:  I’ve been reading some of, ah, some of your policies that ah, that became effective, they were approved and adopted on January 17^th, 2006, ahum, I read one at the Monday’s meeting and I was more than knocked to my knees.  Ah, where a director shall not act alone, this is your own policy, number 4070.1 ah, it says, ah, no director, no director has the authority to act individually, ah, I brought that up at the meeting and I was chastised for it.  Ah, by, by Bill, ah, also, it says directors should, should ah commit themselves to emphasizing the positive avoiding double talk, hidden agendas, gossip, backbiting and other negative forms of interaction.  That’s 4010.1.5.  4010.2.1, when responding to constituents requests and concerns directors should be courteous responding to individuals in a positive manner and routing their questions through the appropriate channels and to responsible management personnel.  People have come to these meetings and, and we’re afraid to talk, afraid we’re going to be knocked down to our knees and there’s a lot of people, when this opening came on the board, several of use went around asking different individuals if they would put in for this position, that was open, everybody said I will not work with that board.  That, that shows that we’re being bullied and intimidated and, and it you know, we’d like to come here and come to a civil meeting without being over talked, and, and, like I say knocked down to our knees.  And that’s all I have to say.”

VP Kinsella:  Any other comments?  Directors’ comments?  That was a joke earlier Emery. 

Director Ross:  Well I didn’t get it but, I was told it was a joke later (laughs). 

VP Kinsella:  Do you have any comments?  (multiple voices)  Lew?

Director Richardson: Yeah but I’m not just sure what it is.  I keep going back to the gentleman’s comment about the child in the office, I, I heard that happened I thought it was like years ago, are you saying something’s happened recently with that? 

TUMMOTA: I’m saying there’s a case where Charise brought children to the office against the authority of the manager, I’ll leave it at that.

Director Richardson:  When did that happen? 

TUMMOTA:  That’s not an important fact right here

Director Richardson:  Well it is to me because if it happened while I was here

Multiple voices

TUMMOTA:  (inaudible) should be able to go through your transcripts and find that, I’m not here to advise you

IGM Tynan:  Actually Lew, I can answer that, it, I didn’t, again it’s my oversight I didn’t write down the date and everything but it was probably ah three months ago

Director Richardson:  Oh, OK

IGM Tynan:  Four months ago, something like, it’s happened I believe one or two times, but I know,  ah, ah, one instance, again I didn’t take notes, I should have taken notes, but I came to work and I saw Charise had her daughter here and I understand single moms, single fathers too that work here, and have children issues, but yes, I was shocked like I wasn’t even notified, I was just, came in and ah, she took her daughter in the office and shut the door and I just can’t ah, and actually if you see that email it states ah giving a, basically an ultimatum, either I’m late or I’m bringing my kids to work and that’s in the email.  Ah

TUMMOTA:  That is what I was speaking of Mr. Richardson.

Harry Alfier:  I don’t think anyone wants to crucify Charise about her children, we’re all, I’ve been a single dad for many years, I was, there were times you just maybe have to take them to work but to me it’s more of a pattern of, to me it shows more of a pattern of her insubordination I hate to say it, you know, I have nothing personally against her but, you know, you have to have a boss and you have to have employees and the boss has to have the authority to talk to those employees and can’t be undermined by by this board or people she has to answer to, you know, you either trust him to do a job, I, you know, I think he’s a pretty straight shooter I’ve never seen him lie or scream or (inaudible) you know, and I, I just feel this is a power play by ah, ah, ah an employee basically, looks to me like she’s after his job or wants him, just don’t be accountable and his license, his license is from the State that then maybe she has to be accountable.  You can’t expect this guy to put his license on the line and his very ability to earn a livelihood for his family because you have an employee that wants to be, I guess, be rogue.  She’s a rogue employee that thinks she’s the boss and it’s up to you guys I think to let her know what the change of command is.  Thank you.

VP Kinsella:  Kathy?

Unknown:  Isn’t this director comment?

XXXXXXXXXXXXXXXX

Ruth Smith afraid to speak?  If only that were true!  LOL   Harry Alfier has nothing personal against Charise?  Funny how the people around him supported the wrongful attempt by a former director (who also worked in the real estate industry) to fire her.    

Well, I still have some firewood to put up and of course it’s raining.  No biggie.  Need to get away from this keyboard and monitor for a while anyway.  We’ll start the next posting with another personal attack by Kathy Agee, who even when she accuses somebody of something wrong, still can’t get it right.  lol

 

My best to you and yours, Lew

 

I was planning on continuing my report of the SO GOSIP (Same Old Group Of Special Interest People) “free for all” disruption” of  the October 21^st, 2011 meeting [facilitated by an, as of yet, unknown individual who was represented as being an official investigator from the State Attorney General’s Office (lol)],  but something happened yesterday that requires immediate reporting.  I’ll continue the report on TUMMOTA’s [The Unidentified Male Member Of The Audience] performance after this.

The one item agenda for yesterday’s Special Meeting of the Board of Directors was noticed as:

1. a.      Filling Board Vacancy (20 minutes).  Request – To attempt reconsider filling the Lake Don Pedro Community Services District Board of Director’s vacancy.

CSD Vice President Bill Kinsella summarized the reason for the meeting as being the failure of the board to fill the position in October.  Kinsella advised the Mariposa County Board of Supervisors was scheduled to make the appointment the next day but due to a subsequent letter of intent submitted by a Mr. Marsh to the Board of Supervisors, the matter was postponed to a later date.  He advised that a director had requested a Special Meeting to revisit the matter since the CSD was still within the 60 day limit to fill the position.    Kinsella advised the County Clerk confirmed if the appointment could be made at the meeting, the matter would not proceed to the Board of Supervisors, however, if the CSD Board failed to make the appointment this date the Board of Supervisors had three options:

1.      Appoint one of our two applicants

2.      Appoint someone of their choice

3.      Do nothing which could result in a special election costing the CSD approximately $10,000

Director Mark Skoien questioned whether the Board of Supervisors might just let it go to the next regular CSD election in 2012.   Orb Hatton, owner of Tri County Realty (whose residential/commercial property is considered within the District Service boundary yet contributes nothing financially to the district in an “availability fee”) asked about the possibility of someone else putting their name in the hat to which VP Kinsella advised the application deadline had already been extended two weeks with only one person submitting an application to the Board of Supervisors. 

Director Emery Ross advised he had a list of questions he would like to ask the candidates.  The questions asked were: 

What do you think the job of a board member is? 

Define what the Brown Act means to you. 

Do you know what 61000 of the Government Code is? 

How many board meetings had the candidates attended?

Do you think the public has the right to complain about a staff member at a board meeting? 

What are your ideas about keeping water rates down?  

Director Skoien confirmed that Mr. Marsh had prior work experience with setting policy. 

Director Lew Richardson commented Mr. Marsh had an impressive resume however questioned why he didn’t apply for the position when it was first announced to which Mr. Marsh stated he read about it in the Foothill Express but missed the deadline date.

Prior to the first vote Director Ross stated the Board should keep voting until a candidate was selected because the CSD could not afford to have a special election.  VP Kinsella confirmed if a candidate was not selected this date it would proceed to the Mariposa County Board of Supervisors.

FIRST VOTE FOR VICTOR AFANASIEV:  Directors Kinsella and Richardson:  Aye.  Opposed: Director Skoien, Director Ross abstained.

SECOND VOTE FOR RICHARD MARSH:  Director Mark Skoien aye; opposed:  Directors Kinsella and Richardson.

Director Emery Ross stated “So it comes down to me to make the decision right?”  VP Kinsella agreed at which time Director Ross asked the candidates two more questions:

“A ratepayer calls you on the weekend and tells you there’s a big water leak on their street.  No one answers the emergency number and no one returns the call when a message is left.  You cannot contact any staff member, what do you say to the ratepayer?”

 

Following candidate responses Director Ross asked VP Kinsella “what do we do now?”  Another vote.

Those in favor of Mr. Marsh?  Directors Skoien and Ross.  Opposed:  Kinsella and Richardson.

Those in favor of Mr. Afanasiev?  Directors Kinsella and Richardson.  Opposed: Skoien

Director Ross requested both applicants to respond to the question why they would want to be on a board with all the troubles, with the Grand Jury and everything, why do you want to be on the board.  Both candidates again responded with reasonable answers.

Director Ross:  “Bill?”

VP Kinsella:  “Yes Sir”

Director Ross:  “Normally, when, when I’ve worked for a special district, these negotiations were also done in Closed Session, now they’re open but you two guys (Kinsella and Richardson) I don’t think are going to bend on…”

VP Kinsella: “Say what?”

Director Ross:  “You two have said no on this gentleman here, right?  You said opposed, so we’re going to have to, somebody’s going to compromise here, ah, because it will be two to two, I really like what he has said but we need to move on, ah, you know I think I’m willing to vote for Victor on this thing, I, because we don’t want to go to an election.”

VP Kinsella:  “It’s, it’s getting right down to

Director Ross: “It’s down to the wire”

VP Kinsella:  “It’s getting down to the wire and if we don’t, if it’s a two-two, I’m going to adjourn the meeting”

Director Ross:  “I know, I know you will, ah, I like what he has said but if you guys aren’t going to move, this normally would be in Closed Session, so I’m being frank, you know, if you guys aren’t going to move on it, you both voted no, I don’t know, Mark is on it, but we need to, you know, wrap this up.  We need to (multiple voices)

VP Kinsella:  “Well I think… (multiple voices) What Mark?”

Director Skoien:  “No, I’m just saying, ah, it’s, you’re saying it’s two-two and you’re going to adjourn the meeting so you’re obviously not going to consider anything else, I mean the man has a, I like his practical workingman experience, that’s all I’m going by, I mean I think he could help, but so you’re obviously not going to give, so…”

VP Kinsella:  “Don’t tell me what I’m going to do”

Director Skoien:  “Well you said you were going to close the meeting next time it’s two-two”

VP Kinsella:  “If it’s a two-two there’s no sense in going any further, and I will adjourn the meeting and we will kick it over to the Board of Supervisors”

Director Ross:  “You don’t want to do that Bill”

Multiple voices

Orb Hatton: “You’re going to go against your conscience?”

VP Kinsella:  “Well then do something, no comments from the audience”

Orb Hatton: “…go against your conscience because they won’t give?  What kind of foolishness is that?”

Director Ross:  “Well all ….”

VP Kinsella:  “Orb, Orb, your, there’s no comments from the audience, thank you”

Orb Hatton:  “(inaudible) … say more”

VP Kinsella:  “Well you’re not going to make anymore”

Orb Hatton:  (inaudible)

Multiple voices, cross talk

VP Kinsella:  “You do it one more time I’m going to invite you to leave.”

Orb Hatton:  “Well you can do whatever you like”

Director Skoien:  “settle down”

VP Kinsella:  (To Board Secretary) “Alright, would you call the Sheriff”

(Laughter from Orb Hatton and other members of the SO GOSIP)

VP Kinsella:  “I’m not going to dink with these people”

(Continuing laughter from Orb Hatton and other SO GOSIP)

Director Ross:  “What these people out here don’t know are the litigation things that we have and we really need to settle this problem.  We’ve got, we’ve got a trial coming up that could cost us a lot of money with a former manager, and ah, the other problem that’s that’s lurking, litigation, and we, we, we just, we have to move forward with somebody on the board.  And if you guys aren’t going to move, I guess that I’ll have to move because we need to have somebody today.  Right?

Multiple voices in audience

Kathy Agee:  “May I just ask a question Bill?”

VP Kinsella:  “no”

Orb Hatton:  “Say it.  Ask him”

VP Kinsella:  “No – no questions from the audience, thank you.”

Orb Hatton:  “Aren’t you here to serve this community?”

Director Skoien:  “Public meeting, there’s no audience ….”

VP Kinsella:  “There’s no, there’s no, the public is not allowed to make an opinion about a special meeting”

Orb Hatton:  (Inaudible) “…see you make a mistake”

Kathy Agee:  “Bill I’m just gonna ask”

VP Kinsella:  “ No, Kathy no”

Kathy Agee:  “if you guys”

VP Kinsella:  “No, one more outburst I’m going to clear the room – and I can do that”

(Boisterous laughter by Orb Hatton, Ron Howenstine and other members of the SO GOSIP)

VP Kinsella:  “It ain’t funny sonny”

(Inaudible comments by Hatton and others)

VP Kinsella:  “Alright, everybody out, we’ll recess the meeting, everybody out”

Secretary Reeves:  “10:28”

[Reconvene at 11:47 hours- Mariposa County Deputy Sheriff standing at entrance] 

VP Kinsella:  “Everybody has the opportunity to speak for three minutes on this subject, any deviation from the subject or personal attack on any board member or any employee is not encouraged or is it welcome.  So anybody who has anything to say, you want to take the podium, go ahead take – three minutes.”

Orb Hatton: “Well, otherwise, you know, I’m quiet.  I am simply here to ask that you vote your conscience and not try to compromise in something that you in your heart feel is wrong.  Ah, we have had a dysfunctional board forever here, I encourage you to listen to your community and not try to, what are you (inaudible) Bill?  Did I say something wrong?, I encourage you to listen to the, the general public here whom you serve and try and serve the public and not have this battle between factions so that we can get on with this water board and treat it, and, and be part of this community leading it instead of having your own personal agendas that you fight.  Vote your conscience, if you feel that what you, what your ah, that compromise is more important than your conscience – you’re giving up your own integrity.  And that’s really all I have to say thank you.”

VP Kinsella:  “Thank you, anybody else?”

Ron Howenstine:  “Thank you for allowing me to speak.”

VP Kinsella:  “You’re welcome”

Ron Howenstine:  “Ahum, I would like to point out that all of these, for the last few years, the board has been split, two to three, three to two, always a problem.  Today you would be voting in, possibly a quorum again, I would hope that the person that you look at could vote with an open mind, that’s one of the questions I would have asked, can you be fair? Can you be impartial, and can you not make this part of a clique?  Can it be three of you?  The other thing I would ask that when you vote, is that, you vote for, for the process not against the person.  That’s the most important thing we’re looking at, so if we have people that are running, that are well qualified that’s the people we should be looking at and because you don’t know somebody, it might be the best person to vote for because you certainly know they don’t have a, a, a trail following them.  Look for that person, look for the person who can give us something that has, that has been there with management, somebody who has been there and can be part of the team.  And as a board we should be voting as a team, not against the team and that’s what we’ve had and I hope you’ll consider.”

VP Kinsella:  “Thank you, anybody else?”

Harry Alfier:  “Thank you.  Ahum, I’d just like to ah throw my support behind Rich here I’ve read his resume and he just sounds like he might be a breath of fresh air for the board and, I don’t think anyone in the room’s surprised that you guys are probably deadlocked two to two.  You know, I think anyone probably would have bet money on that before we came here today and I personally, if, if your conscience is still split two to two, I think the Board of Supervisors can probably talk to both Victor and Mr. Marsh here and I don’t think they’re going to hang us out to dry and make us spend forty thousand dollars or ten thousand dollars on a special election, I mean that seems to be hanging over our head that, that’s a reason today, is the drop dead day that the world’s going to come to an end if we don’t come to a decision.  And I don’t know if you’ll come to a decision, again I trust the Board of Supervisors to look at both candidates and talk to them and you know they’ll see that Victor is very active in our community, has been for some time, does a lot of good works and I just think maybe it’s time to get some fresh blood and you know, hopefully not have a board that’s just three against two, that can, you know, all get together and vote for the best ideas, rather than personalities.  So thank you very much.”

VP Kinsella:  “Thank you.  Anybody else?”

Kathy Agee:  “Thank you, I agree, I think that ah, Rich has not been, he hasn’t been here a long time but yet he is ah, has a great ah, presence about himself and he has the resume as you’ve looked at his resume that I think could make some good decisions.  He would not vote against, another director’s vote just because of who you were, he would really look at things seriously and do the, I feel make the best decision for our district and our community as a whole.”

VP Kinsella:  “Thank you.  Anybody else?”

Wes Barton:  “I don’t want us to forget who Victor is over here because Victor has ah, bugged all of us but there’s one thing we can always say, that Victor is trustworthy and that he does his work, he’s been to almost all the meetings, he’s been involved in everything from the schools to the ah home owners, to the water district, and the Lions.  Ah if it wasn’t part of an organization he’s been out there, at the time of fires, ah helping individuals, he is not scared to call people and find out what is really true and what isn’t true, ah, I haven’t seen Victor playing any favors for either, or any faction, he’s always ah voted and done things as he saw it, as he thought it was right, whether it was or wasn’t doesn’t – the point is is that he’s always done it independently.  And I don’t think there’s much, I think everybody is asking for independence, and ah, Victor certainly has a long record of doing independent, being an independent thinker.”

 VP Kinsella:  “Thank you.  Anybody else?  OK.  Public comment is closed, back to the board.”

Deputy Sheriff (Standing in entrance):  “Can I address real quick?”

VP Kinsella:  “Sure”

Deputy Sheriff:  “Now the public is closed, nobody says anything or they’ll be removed ok?  I’m not going to hang around for the rest of your board meeting, OK?”

VP Kinsella:  “OK, thank you for coming.”

Deputy Sheriff:  “Open?”

VP Kinsella:  “Yeah, leave it open.”

Deputy Sheriff:  “Open”

VP Kinsella:  “Thank you for coming”

Deputy Sheriff:  (Inaudible)

VP Kinsella:  “OK, ready for a vote?”

Director Ross:  “Comments or not?  No comments?”

VP Kinsella:  “You want to make a comment, fine, you can make a comment”

Director Ross:  “Well Mr. Marsh, ahm, I did not know you before today.  I, I liked your answers they, you know, I was impressed with your, I first applied for this board in 1992, and then I think probably in ’94, ’96 and several other times, I ran for election the last maybe two times.  I eventually was elected, I think I stayed on for one or two months, quit ‘cuz I didn’t like that (inaudible) really made a lot of problems, but elected two times.  There’s a long time, one thing that people like Kalvin Gile did when he was elected, is he said a lot of stuff, he, he, was always up at that podium and, and we had really good idea where Kal was coming from.  I liked your presentation, I, you sound like you’d be good, but you’ve never said anything at these meetings.  I don’t know where you’re coming from really and that’s my concern.  Ah, I’d encourage you to run, you know for election, if they say they’re going to recall us you’d run then, cuz you sound really good.  I liked your answers, there’s a couple I really did like.  Ah, we have to make a decision today, we have to make a decision.  This board was elected to, to make decisions, good or bad, up or down, make decisions.  If these guys don’t compromise and Mark doesn’t compromise, one of us is going to have to, we need to have a full board here and that’s what’s going to happen today because we cannot go back to the Board of Supervisors, we have too many problems over there with the Grand Jury and then adding another one, or the DA, we don’t need more problems, so Bill, call for the vote.”

VP Kinsella:  “Hang on a sec, Mark you have a comment?  Lew?”

Director Richardson:  “No”

VP Kinsella:  “OK, I’ll call for the vote, all those in favor of Mr. Marsh signify by raising your hand. [Director Skoien aye]   OK, all opposed to Mr. Marsh raise your hand [Kinsella, Richardson and Ross].

Board Secretary Charise Reeves:  “Emery did you vote?”

Director Ross:  “Yeah I did”

VP Kinsella:  “Emery voted no”

Board Secretary Reeves:  “OK”

VP Kinsella:  “All those in favor of ah, Mr. Afanasiev, [Kinsella, Richardson and Ross].  Ah, Mark has a vote, do you want to vote no?”

Director Skoien:  “I abstain from that one” (Laughter)

VP Kinsella:  “The board recognizes that ah Mr. Afanasiev has been nominated, or has been, will join the board and ah, immediately and we can take the a Oath of Office now if you have –

Public:  “So – this is a joke”

[Members of the SO GOSIP begin walking out during Victor’s Oath of Office.  9 people walked out of the 13 in attendance.]

VP Kinsella:  “Thank you.”

Victor Afanasiev took the following Oath of Service administered by Board Secretary Charise Reeves: 

“I  (Victor Afanasiev) do solemnly swear or affirm that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies foreign and domestic that I will bare true faith and allegiance to the Constitution of the United States and the Constitution of the State of California.  That I take this obligation freely without any mental reservation or purpose of evasion and that I will well and faithfully discharge the duties upon which I am about to enter .”

Secretary:  “OK, you are now appointed as a Board memb –  director”

VP Kinsella:  “Welcome aboard Victor, OK”

(inaudible – another voice)

VP Kinsella:  “I’ll get you tomorrow.  There being no further -”

Director Skoien:  “Victor, nothing personal, glad to have you”

Multiple voices

VP Kinsella:  “There being no further business for the board

Director Ross:  (inaudible)

VP Kinsella:  “…I’ll entertain a motion to adjourn”

Director Skoien:  “I’ll make that motion”

Director Richardson:  “I second it”

VP Kinsella:  “All in favor, adjourn, adjourned.”

Multiple voices [confirming vote – unanimous, 12:00]

XXXXXXXXXXXXXXXXX

GOOD RESULTS?  BETTER LATE THAN NEVER!

Orb Hatton and his entourage were not permitted to disrupt another meeting with their interrupting comments barked from the comfort of their audience chairs.  (Pack mentality?)  A deputy sheriff was requested, arrived, stood by, and monitored the Public Comment portion of the meeting.   Not surprisingly, what would have otherwise degraded into a much, much longer time period of personal attacks, insults, and accusations by the “whole gang” was actually condensed into a few short statements from the podium.  Heck, not one of them even came close to using their entire three minutes.  A similar situation occurred years ago when Hatton defiantly stood up at an LDPOA “Meet the Candidates Night” meeting in objection to the moderator’s admonishment stating he wasn’t going to stop talking and sit down until he was done.   The “civil standby” Tuolumne County Deputy Sheriff at that time told him he was done.  He sat down. 

How can Mr. Hatton equate a handful of individuals who disrupt business meetings with the “general public” or “community”?   These special interest folks really do not have the credibility to be talking about the integrity or conscience of others.  Good grief!  Only a little research in public records and media sources reveal much, but that’s another story.  I find it particularly misleading how Mr. Alfier  often uses inclusive words like “us”, “we” “our”, and “together” when he does not live here but only does real estate business in Lake Don Pedro.  (Harry’s father, “Uncle Milt” and Lake Don Pedro Realty were doing business here decades ago in the early years of the Lake Don Pedro Subdivision development.) 

But all that SO GOSIP nonsense aside, the best result was the appointment of Victor Afanasiev because a trusted and well known community volunteer of many years will continue his dedicated service as a director on YOUR Lake Don Pedro Community Services District Board.  

 

Well guess I’ll get back to work on the previous “hi-jacked meeting” by the SO GOSIP on October 21^st – Really deserving of an entire chapter – a number of KA-BOOMS!  [RE: Wile E. Coyote Syndrome]

 

My best to you and yours, Lew

“LEW’S VIEW”

Regarding the “final installment” of the

REGULAR MONTHLY MEETING OF THE

LAKE DON PEDRO COMMUNITY SERVICES DISTRICT

Monday, October 17^th, 2011 1300hrs

 

NOTE: Verbatim transcriptions based on analog and digital recordings.

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

XXXXX

p. RANCHITO WELL STUDY– Information update by District Engineer Elizabeth Binkley.  Letter explaining why the capacity test of the Ranchito Well is taking longer than expected due to the necessity of well stabilization.  Kalvin Gile expressed concern that the CSD could be liable for lowering the water table and harming other well users in the vicinity.  Director Ross commented that he received a call from a property owner complaining about well difficulties. 

r. REQUEST FROM MIKE SCHARTZ- follow-up on his request for water service to a property he just purchased. This property is outside MIDPOU and further discussion is subject to the results of the well test.  Mrs. Poe suggested “give him one of my old meters, I don’t care”.  Director Ross suggested the Board speculate and offer an opinion as to furnishing water service if the well test proved satisfactory.   VP Bill Kinsella and Director Lew Richardson declined to offer such a hypothetical answer.  Director Skoien advocated providing a meter to Mr. Schartz so that Mrs. Poe could also recoup her losses due to the nonpayment by Donna Martin/Morasci for the line extension.

s. REQUEST FROM ROY WALTON – to discuss his request for water service.  Interim General Manager Dan Tynan advised Mr. Walton had called and was not going to be able to attend the meeting.  Postponed to next month pending the well test.  CSD counsel has advised in the past that “will serve letters” should be avoided. 

t. RETIREMENT HEALTH BENEFIT LIABILITY – Information by Charise Reeves about the formal valuation performed to comply with the GASB 45 requirement for Retirement Health Benefit Liability.  Re-evaluations occur every two to three years depending upon the changes in the rules and how much CSD contributes.  $168,000 annual required contribution, we paid out $43,011 in 2011 fiscal year on premiums for retirees (subtracted from the annual contribution).  Currently we are not contributing to the program but at some point need to restart the funding. The board could also decide not to provide, from this point on, certain medical benefits for retirees.   Two employees have already been hired without this benefit.  Policy needs to be updated regarding this issue.

u. BOARD ROOM RECORDER – Request by Director Richardson to discuss/act  on replacing/upgrading the Board Room tape recorder with digital equipment.  The old dual tape recorder often begins to “squeal” and there have been tape malfunctions.  Going digital would be more dependable, efficient and less costly for copies requested by the public.  Charise Reeves advised an equivalent tape model would run between $600-$800 but she will check into the possibility of digital.  Many people do not even have cassette tape players anymore.  More research will be conducted with a report next meeting.

v. SECURITY OF FACILITY AND RECORDS – Request by Director Richardson regarding the possibility of missing records, initial and subsequent law enforcement reports about a past break in, and funding a security program regarding plant facilities and official records.  Months after the initial report of the break in, and during attempts to fulfill a Grand Jury request for 2009 Minutes, it was discovered a box of records (Board Packets) was missing.  The CSD was able to electronically recover most of the Minutes with the exception of one or two meetings.  Discussion ensued regarding the protection of records with Director Richardson suggesting CSD maps and transparencies were very valuable records regarding CSD history. 

DIRECTORS COMMENTS

VP Bill Kinsella:  I have been emasculated by some people for taking action to preserve the integrity of this organization and, by a couple of people, and I’m a little disgusted and tired of it particularly since the intent was not to circumvent this, this board.  Although I’ve become more and more disgusted with it, the intent was to cease a problem that would have perpetuated and put this whole board in trouble and yet I find the people who really don’t know what the hell is going on can make statements accusing me of certain things and I’m just a little disgusted with it, I’m tired of being the target for most of this crap.  People want to make a, if I do something wrong that’s fine but when I do something with the specific intent to protect this organization and then some dingbat decides that they are smarter than me, never around – just listen to rumor and then they ostracize me.  Fat chance it’s going to happen again, I will not put up with it.  I’m done.  Anybody else?

Director Lew Richardson:   Yeah, just reiterate that I think it was a total embarrassment today that we could not select a director to fill a spot, one spot open, we had one applicant who was more than qualified.  I think this is just another example of some of the repugnant, childish games that are being played.  That’s it.

VP Kinsella: I could go on about that too but I’m not going to.   Go ahead Mark.

Director Mark Skoien:  Well real quick, I had nothing to say but, Lew knows I probably got to give him a little bit of an answer (laughing), ah, regardless of what you think of it there’s no games, I mean, everybody has their right to vote and you shouldn’t be calling their right a repugnant game.  That’s all I got to say.  Let’s go watch some football.

Board Secretary Charise Reeves:  Ah please adjourn.

VP Kinsella: OK, the meeting is adjourned (1742hrs)

XXXXX     END OF OCTOBER 17^th, 2011 MEETING     XXXXX

My best to you and yours, Lew

PS:  The October 21^st, 2011 meeting (originally a Personnel Matter) was  “derailed” by only a handful of the SO GOSIP during Directors Comments despite several advisements that it was not subject matter of the district.    [Same old complaints about this website – guess they won’t be happy until they control every single source of information.  Gee, you think they hate this website eventhough they say they don’t read it?   Wait until they DON’T READ the book!  lol]    I’m working on another post regarding that ridiculous display [last meeting], however, with rain coming Thursday I’m also quite busy taking advantage of burn days to get rid of the Pine cones, needles, leaves, branches, etc.. 

BAIT COMES IN MANY FORMS

 

POE MATTER INSTALLMENT OF “LEW’S VIEW”

Regarding the

REGULAR MONTHLY MEETING OF THE

LAKE DON PEDRO COMMUNITY SERVICES DISTRICT

Monday, October 17^th, 2011 1300hrs

 

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

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

XXXXX

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

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

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

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

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

Mrs. Poe:  Ready?

Secretary Reeves:  Yeah

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

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

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

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

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

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

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

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

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

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

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

[The approval was obviously conditional.]

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

(Director Emery Ross talking in background about the matter)

Mrs. Poe:  He wasn’t involved. 

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

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

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

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

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

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

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

Director Richardson:  Right.

Mrs. Poe:  That’s her property.

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

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

(Director Ross talking in background)

Director Richardson:  Right, south of you.

Mrs. Poe:  Yeah

(Director Emery Ross still talking in background)

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

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

(Ross talking in background)

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

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

(Director Ross still talking in background)

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

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

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

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

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

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

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

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

Director Richardson:  But it was on the billing too.

Mrs. Poe:  No it was not, no sir.

Director Richardson:  Alright, I believe it was.

Mrs. Poe:  No sir, you show me.

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

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

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

Mrs. Poe:  What letters?

[What letters?  How many are there?]

(Soft speaking in background)

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

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

Director Richardson:  No I did not.

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

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

Mrs. Poe:  Show me where

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

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

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

Director Richardson:  Hum.

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

Mrs. Poe:  She, he

Unknown:  Directly south (inaudible)

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

Director Richardson:  Was, was

Mrs. Poe: Way down

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

Mrs. Poe: No.

Director Richardson:  OK

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

Director Richardson:  OK.

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

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

Director Richardson:  You’ve never seen…

Mrs. Poe: Never seen her

Director Richardson:  …Mrs. Morasci in person?

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

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

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

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

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

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

Director Richardson:  Well of course, yeah.

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

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

Director Richardson:  Sure

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

Director Richardson:  Yeah

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

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

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

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

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

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

Mrs. Poe:  No, her’s is way down

Director Skoien:  Not Shaw

Director Richardson:  Not Shaw?

Director Skoien:  Not Shaw

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

Mrs. Poe:  Three partners where?

Director Richardson: With you Morasci and a third person?

Mrs. Poe:  No.  No.

[No third partner?]

Director Skoien:  It was her and her two sons.

Director Richardson:  Ahum

Director Skoien:  (inaudible)

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

Mrs. Poe:  No.

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

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

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

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

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

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

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

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

Director Richardson:  OK

Mrs. Poe:  How do I know?  I mean,

Director Richardson:  OK

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

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

Mrs.  Poe:  OK

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

Mrs. Poe:  No

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

Director Richardson:  was it Pattison was associated with

Mrs. Poe:  Pattison was my oldest

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

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

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

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

Mrs. Poe:  Show me

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

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

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

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

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

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

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

Mrs. Poe:  But not on her meter

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

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

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

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

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

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

Director Richardson:  OK

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

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

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

Mrs. Poe:  Why?

Director Richardson:   there was com – plicit ceny with

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

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

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

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

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

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

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

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

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

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

Mrs. Poe:  Ah-ha

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

Mrs. Poe:  What pipe?

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

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

Director Richardson:  Right

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

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

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

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

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

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

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

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

Director Richardson:  But no consumption

Director Skoien:  Yeah, OK

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

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

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

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

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

Mrs. Poe:  yeah

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

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

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

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

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

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

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

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

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

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

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

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

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

[Basic question: Who stood something to gain?]

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

Director Richardson:  Because there were three separate properties.

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

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

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

Mrs. Poe:  All I know is

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

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

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

Director Richardson:  Right

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

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

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

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

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

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

Mrs. Poe:  Yes it is, it is sad.

Director Richardson:  Yes it is

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

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

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

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

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

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

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

VP Kinsella:  OK times, OK, times up.

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

Director Richardson:  Is that from Mr. Nichols?

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

Director Richardson:  From Mr. Nichols?

Director Skoien:  Huh? 

Director Richardson:  Is it from Mr. Nichols?

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

VP Kinsella:  Thank you Mrs. Poe

Director Richardson:  Oh, oh OK

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

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

Director Richardson:  No, no I

Director Skoien:  That I had found this because

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

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

Director Richardson:  You know I did

Director Skoien:  No, I

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

Director Skoien:  Exactly

Director Richardson:  No I understand that

Director Skoien:  and when I said hookup, no meter

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

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

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

Director Skoien:  Ah, yeah you did

Director Richardson:  No I said you misrepresented it

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

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

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

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

VP Kinsella:  Get back to the issue

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

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

Director Richardson:  Right

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

Mrs. Poe:  (inaudible) who did that?

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

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

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

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

Secretary Reeves:  No

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

Director Richardson:  Well I appreciate that, thank you

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

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

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

Director Skoien:  About the tunneling?

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

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

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

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

Director Skoien:  But that’s all on Morasci

Director Richardson:  Morasci I believe is the way to

Director Skoien:  OK, Morasci

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

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

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

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

Secretary Reeves:  any, any of us being here

Director Skoien:  Right, right absolutely

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

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

Director Ross:  Or board members

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

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

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

Director Richardson:  Right

Mrs. Poe:  Just real quick

VP Kinsella:  OK, one last comment, go ahead

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

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

VP Kinsella:  OK

Mrs. Poe:  So,

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

Director Richardson:  Can we take a break or something?

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

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

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

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

Mrs. Poe:  OK (inaudible)

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

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

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

Mrs. Poe:  Amen

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

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

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

VP Kinsella:  OK, ten minute break.

Secretary Reeves:  OK, at 4:44.

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

Back on record 4:55

Item o. Information concerning Poe meter removal.

 

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

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

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

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

Director Richardson:  OK, well

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

Director Richardson:  OK well then, then my statements

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

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

Secretary Reeves:  OK

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

Director Skoien:  M-A-D-D-E-N Lew?

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

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

Director Skoien:  Yeah I said I misspoke

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

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

Director Skoien:  OK

Director Richardson:  Ahum

Director Skoien:  I’m with ya

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

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

Director Ross:  That it?

Director Richardson:  That’s it.

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

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

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

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

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

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

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

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

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

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

WHAT’S MY COVERAGE DOC?

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

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

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

NOW BACK TO THE MAGICAL MYSTERY METER TOUR]

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

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

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

VP Kinsella:  Sure

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

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

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

Director Ross:  But it confirms the fact that I

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

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

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

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

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

Director Ross:  Yeah, well I don’t

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

Director Ross:  Yeah,

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

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

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

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

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

Director Ross:  She was

Director Skoien:  Well, back then, when they say

Director Richardson:  I haven’t found one example

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

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

Director Skoien:  Yeah but back then, back then,

Director Richardson:  There are three properties not one.

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

Secretary Reeves:  We don’t know

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

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

Director Ross:  Yeah, because of the tank

Director Skoien:  Yeah

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

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

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

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

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

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

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

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

 

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

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

 

My best to you and yours, Lew 

BROWN “BAT” VIOLATIONS

 

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

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

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

  

“LEW’S VIEW” CONTINUED

Regarding the

REGULAR MONTHLY MEETING OF THE

LAKE DON PEDRO COMMUNITY SERVICES DISTRICT

Monday, October 17^th, 2011 1300hrs

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

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

XXXXX

3.  DISCUSSION/ACTION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

VP Kinsella:  OK

Wes Barton:  Dan is your problem OK?

VP Kinsella:  Tell me about it

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

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

Wes Barton:  Yeah, yeah

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

Wes Barton:  Well, I, I..

Director Richardson:  I mean seriously.

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

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

Wes Barton:  I’m talking about right now

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

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

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

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

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

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

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

(inaudible) 

VP Kinsella:  No I don’t have a question

Wes Barton:  Oh I thought you did.

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

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

Director Ross:  I just said it was an email

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

VP Kinsella:  There are all kinds of issues

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

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

Multiple voices

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

Interim General Manager:  It came out of my pocket

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

Director Ross:  I never said that.

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

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

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

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

XXXXX

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

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

My best to you and yours, Lew

 

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

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

Interesting it is how these folks are essentially complaining that:

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

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

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

DRAW BACK OF BEING ON A BOARD

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

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

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

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

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

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

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

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

GETTING RECALLED AGAIN BY THOMAS PORTER ANYWAY

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

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

MONEY IS A TREMENDOUS MOTIVATOR

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

DON’T BE SURPRISED

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

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

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

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

Until then –

My best to you and yours, Lew

REGULAR MEETING OF THE BOARD OF DIRECTORS

LAKE Don Pedro Community Services District

9751 Merced Falls Road

Monday, September 19^th, 2011 1300hrs

(209) 852-2331

 

Prepared by Lew Richardson from analog and digital recordings.

My best to you and yours, Lew

 

CLARIFICATION NOTE:  Just after taking a meeting break Kalvin Gile continued to advocate for a committee formation to investigate his White Pages printouts of telephone use at the water plant for four months.  Board Secretary Charise Reeves clearly reminded everyone present we were on break and should not discuss the matter until resuming the meeting.  Evidently, when I was absent from the board room, Mr. Gile had suggested that Dan Tynan and I be on his committee with Director Skoien and members of the audience fully supporting the idea.     

  XXXXX   1659HRS   RESUME MEETING     XXXXX

 

Vice President Kinsella:  Are we back on the record?

Board Secretary Charise Reeves:  OK, ah you call it back on and I’ll (inaudible)

VP Kinsella:  Ok, let’s get back on

Charise Reeves:  4:59

VP Kinsella:  Kalvin I’m not ignoring you

Multiple voices

VP Kinsella:  Say again?

Kalvin Gile:  That answer makes me happy.   And I’ll do it any day of the week, I’ll even give up golf. 

VP Kinsella:  Kalvin Gile would like to have a board member, ah sit down with him to go over the phone bill.  Ah, you can do it too Dan

Interim General Manager Dan Tynan:  I have, I’ve gone over it, and over it

Director Mark Skoien:  Well he requested you and Lew, because, he thinks you’d be good at

Director Lew Richardson:  Who?  Mr. Gile?

Director Skoien:  Yes

Director Richardson:  No thanks

Director Skoien:  You don’t want

Director Richardson:  I’ve got some other things that I am pursuing.

Director Skoien:  No, but I mean you don’t want to sit with Dan and him and look over the phone?

Director Richardson:  Not particularly.

VP Kinsella:  OK

Director Richardson:  I think it’s taking too much time for whatever’s been hoped to be achieved out of it.

VP Kinsella:  OK

Director Skoien:  Well Dan what do you feel?

IGM Tynan:  I feel I’ve spent enough time on it.  I have, this Friday, at 5:00 to be in Mariposa.

Director Skoien:  Right, what about, what about policies in the office are they going to be changed, I mean, you think it’s under control?

IGM Tynan: I think, actually I think this report shows that we’re all doing our jobs, you know, we’re calling customers, we’re calling suppliers, uhm, like I said I had that meeting Friday at 5 o’clock after work and I’m giving them all the information, the tapes, everything

VP Kinsella:  Go ahead Dan – Lew 

Director Richardson:  We’re there any porn sites, dating sites, anything like that on there?

IGM Tynan:  None

Director Richardson:  Thank you.  That’s good.

VP Kinsella:  OK, Coralane?

Coralane Porter:  Oh don’t you have a something before…

VP Kinsella:  You have a sentence to say?

Coralane:  Oh, OK it’s connected to the Wes Snyder which is below the Creation reactivation of CSD committees (multiple voices-inaudible) 

Charise Reeves:  OK, where are we at?

Director Richardson:  Well, we’re jumping committees.

Charise Reeves:  Yep

Coralane:  Yeah you’re

Charise Reeves:  We’re on M, if we’re not doing anything on the phone calls. 

Unknown:  yep

Unknown:  Yep

Charise Reeves:  You need to decide, are you doing anything with the phone bill issue or are you moving on to committees?

VP Kinsella:  I really don’t want to do anything until after we’ve, get a result from the Grand Jury, so my recommendation and if the board thinks otherwise, my recommendation is ah thank Mr. Gile for his offer and to decline at this time.   Anyone have a problem with it, any board member have a problem with that?  OK.  Thanks Kal we’ll just wait until we hear from the Grand Jury I guess.  OK, Coralane are you

Charise Reeves:  No we’re on page (inaudible)

VP Kinsella:  Yeah I know the committees, yeah

AGENDA ITEM M: CREATING/REACTIVATION OF CSD COMMITTEES (15 Minutes) Request – By D Tynan.  Request – By Director Richardson for the creation and/or reactivation of CSD committees with emphasis on an MID committee to facilitate communication regarding outside MIDPOU properties

[Standing Committees:  Finance: VP Kinsella and Charise Reeves – No current issues, waiting for selection of replacement director.  Operations: VP Kinsella and Director Skoien.  Personnel: VP Kinsella and Director Richardson.  Public Relations: VP Kinsella and Director Richardson.  Temporary Advisory Committees:  M.I.D.: VP Kinsella, Director Richardson and Wes Barton.]

AGENDA ITEM N: MID LICENSE AND McCLURE DAM RELICENSING (15 Minutes)  Request – By Wes Snyder to again discuss creating a committee and sending someone as a District representative to the relicensing meetings

 [Coralane Porter spoke on behalf of Wes Snyder who was unable to attend due to a medical issue.  Porter proposed the creation of an ad hoc committee to work in conjunction with the MID Committee.   VP Kinsella suggested submitting a letter of interest but Peggy Waltz didn’t believe it necessary since they were only to be an ad hoc committee.  Porter advised the three people interested in the committee were Ron Hunt, Peggy Waltz and Coralane Porter.]     

AGENDA ITEM O: REQUEST FROM WES BARTON – When is CSD’s plan not a plan? (15 Minutes) Request – By Wes Barton to discuss his letter to the Interim General Manager

 [Wes Barton reiterated his financial, operational, and ethical concerns about the board and district, pages 88-89 of the packet.  Emphasis on CIP projects and amount spent versus anticipated savings.]

 AGENDA ITEM P: RESPONSE TO WES BARTON’S REQUEST (15 Minutes) Request – By Dan Tynan to discuss his response to Wes Barton’s letter

[IGM Dan Tynan responded with a list of completed and planned projects, many already previously identified by CSD engineers as priorities.  Tynan defended the AMR upgrade due to the lost revenue that will be recovered because of many old and under reporting meters and that many of the CIP projects were required by the State so as to continue operations.]

AGENDA ITEM Q: METER INSTALLATION BIDS (15 Minutes) Request – By D Tynan to discuss bids received for the AMR – Meter Installation project and possible approval of this item as part of this year’s CIP budget

[Three responses to bids, drafted by the CSD attorney, for installation of water meters and electronic sending units were read.  Two were not sealed.   Notices clearly required how the bids were to be marked and sealed.  Research needed regarding legal options for re-advertising the job.    By Board direction, Staff will contact attorney (who had already left the meeting) for advice on how to proceed.  Motion by VP Kinsella to decline all bids; Second Ross; Vote: Kinsella; Ross and Richardson;  Skoien Nay. 

AGENDA ITEM R: ON CALL ALARMS (15 Minutes) Request – By D Tynan to modify policy 2010 – Hours Worked

[Alarms frequently going off due to failures in SCADA system.  Discussion regarding a revised formula in policy for overtime compensation rate for responding to multiple alarms during a short period of time.   Repair parts for the SCADA system on order.  Charise Reeves suggested doing a financial analysis of the problem prior to any change by the board.  Matter tabled until next month.]

DIRECTORS COMMENTS – None

Adjourned 6:15  [1815hrs]