Haste (According to online Merriam-Webster):

speed of motion or action: quickness or eagerness that can result in mistakes:

1)    rapidity of motion
2)   rash or headlong action
3)   undue eagerness to act

?      ?      ?      ?      ?      ?      ?      ?      ?      ?

You know folks, I need to “take a deep breath” and “slow down” myself.  I have a lot going on right now but am compelled to get this information out, so please excuse if there are mistakes.  I’m distracted and exhausted.

ANYWAY, I recognize no one starts with the same information or understanding of any given subject. So, perhaps the best place to proceed is by posting the agenda packet material which prompted my emphatic objections that the entire process was improper and unethical.

NOTE: Since the management proposal (and contract ready for immediate signature) was in the board packet for public dissemination, I can only believe Mr. PETE KAMPA has no concerns about any terms being confidential or privileged so I will post all the pages and cite a few in support my questioning and concerns.

I have already spoken with one customer who felt the maximum of 20 work hours a week [PAGE 19 under General Management Responsibilities] and the compensation of  $75,000 for the first year plus possible incidentals,  [PAGE 18, bottom paragraph] was a great deal for KAMPA but not so wonderful for the DISTRICT.

Anyway, I do have some questions and maybe after viewing this, you folks might have some of your own.  Here we go:

Why did Directors Emery Ross, Victor Afanasiew and Danny Johnson ignore the professional advice of GM Ralph Felix on how to proceed with the recruitment and selection process for a new GM?  [PAGE 16 LDPCSD STAFF REPORT by GM]

Directors VICTOR AFANASIEV and DANNY JOHNSON were aware of the correct procedures to select a replacement GM – they participated with the CEA (California Employer’s Association) in selecting Ralph Felix.  The CEA helps protect a public agency such as ours from improperly conducting recruitment which could result in serious problems…..ahhh, down stream you might say.

Why was the Personnel Committee not tasked with responsibility of recruitment?

When did these three directors decide to forego normal recruitment of a GM?

When did they first learn of the KAMPA management proposal?

Why were Directors EMERY ROSS, VICTOR AFANASIEV, and DANNY JOHNSON so determined to push through and approve only one proposal by PETE KAMPA which was solicited by Director ROSS?

Should EMERY ROSS have recused himself from voting on the matter because of his continuing friendship and past working relationship with PETE KAMPA?

JUST BEFORE THE CLOCK STRUCK TWELVE!

The KAMPA PROPOSAL was sent to the CSD OFFICE and EMERY ROSS on Tuesday, September 30th, 2014 at 1158 PM – only two minutes before midnight. [PAGE 17]

Note that Kampa does not indicate how he came to “understand that your District manager has resigned effective the end of this week”.

The original agenda had no mention of the KAMPA PROPOSAL and was printed on or before September 30th, because I received one on Tuesday, September 30th with the CSD project list.  Then it was suddenly changed on Oct 1st to include the proposal for a meeting on Oct 3rd!   Who pushed that change?

During the Friday, Oct 3rd Special Meeting I questioned EMERY ROSS as to telephoning PETE KAMPA and divulging confidential information concerning the GM resignation.  ROSS stated he had not read the September 23rd email sent to him by the GM and had only heard about the GM resigning from some citizen.  Then he called KAMPA with the news.

QUESTION:  WHO WAS THIS CITIZEN WITH CONFIDENTIAL/PRIVILEGED INFORMAITON who thought they should advise a micro-managing director that the GM had resigned?

THINKING CAP TIME FOLKS!  lol

If you were a director on a board and some citizen told you your GM had resigned, and you didn’t know a thing about the matter, wouldn’t you first check your emails/telephone messages, etc.  from the office or at least place a call to the office and/or GM to find out what the heck was going on?

Does it seem reasonable, responsible, or proper  that the first person EMERY ROSS telephoned was his old friend and co-worker PETE KAMPA who just happened to be the GM of his own consulting management firm looking for more business?

[PAGE 18:  NOTE the job name and date under the KAMPA COMMUNITY SOLUTIONS, LLC letterhead: Lake Don Pedro Community Services District, and under that?

September 25, 2014 !

This appears to be evidence that PETE KAMPA was certainly aware of the GM vacancy at least FIVE DAYS prior to sending in his very late night proposal on September 30th.

Did it take five days to create that “boilerplate” type pdf proposal – working feverishly until almost midnight on Tuesday?

COULD KAMPA have, (in concert with and per the instructions of EMERY & maybe BETSIE ROSS),  intentionally withheld sending the email to bolster EMERY ROSS’s story of hearing about the resignation some time after the confidential email in hopes of indicating a last minute process and not violating the confidential/privileged nature of the communication?

OBVIOUSLY PETE KAMPA KNEW ABOUT THE RESIGNATION ONLY TWO DAYS AFTER DIRECTORS RECEIVED THE GM’S CONFIDENTIAL RESIGNATION LETTER!

Why wasn’t the proposal sent September 25th, when there would have been sufficient time for all directors to study the proposal, schedule a meeting to discuss, and then make a decision?

IS KAMPA EMERY ROSS’S TYPE OF GM? – GROW THE DISTRICT OUTSIDE THE MIDPOU LEGAL PLACE OF USE BOUNDARIES AND SPREAD THE COST WITH THOSE WHO DON’T EVEN RECEIVE THAT EXPENSIVE BENEFIT!

Yup, good ‘ol EMERY ROSS has done it again.  Naturally he wants KAMPA to come back to the LDPCSD.

I wonder if EMERY ROSS, VICTOR AFANASIEV or DANNY JOHNSON BEFORE THEY VOTED TO ACCEPT THE KAMPA PROPOSAL were aware of the whole story about his prior employment at our LDPCSD?

According to my sources there were a number of customer complaints that were to be filed against PETE KAMPA right before he resigned in the Fall of 1997.   The board certainly didn’t discuss this at last Friday’s Special Board Meeting.  There was no prior or substantive discussion regarding KAMPA’s prior employment or difficulties while with the LDPCSD at all.

Were these directors aware PETE KAMPA, right before he resigned as Plant Manager for the LDPCSD, pushed for and received authorization to proceed with Sphere of Influence boundary adjustments to include other outside the LEGAL Place of Use properties for potential future water service customers?

THE ONLY WAY to supply that water is to drill many more ground wells to provide another source of water other than Lake McClure (which you should know by now, cannot be used by outside MIDPOU (Merced Irrigation District Place Of Use) properties due to restrictions in Water License 11395…..say it!….Water License 11395.

Is this management proposal evidence of PETE KAMPA’s continued program of district expansion just like EMERY ROSS desires, along with all those folks who pay nothing to the district yet vote in district elections?    There’s much more to this folks, but I have some happy/sad work to perform.

 

My best to you and yours,  Lew

PETE KAMPA MANAGEMENT PROPOSAL BELOW GM STAFF REPORT

My best to you and yours, Lew

My best to you and yours, Lew

Thanks for your thoughts.

LDPCSD is a California Special District, right? A public agency accountable to the taxpayers and citizens it is supposed to ethically and honorably represent, right? I mean they take a sworn (or affirmed) Oath of Office to do that, right? A public agency which you would naturally assume to be an EQUAL OPPORTUNITY EMPLOYER, right?

WRONG!

NOT WHEN EMERY ROSS aka “MUMBLES THE COYBOY” IS INVOLVED

STEPPING
DOWN
AS BOARD PRESIDENT
DUE TO A GRAND JURY REQUEST
TAUGHT THIS WANNA BE ATV COWBOY
ABSOLUTELY NOTHING ABOUT HIS
MICRO-MANAGING CONDUCT!

Director Emery Ross has once again decided to flex his micro-managing muscle and personally orchestrate a situation where his long time friend and former LDPCSD co-worker was the ONLY APPLICANT TO FILL A VACANT IGM POSITION THAT NO ONE WAS SUPPOSED TO KNOW ABOUT. THAT’S the kicker….the vacancy was only announced in a privileged and confidential email to the LDPCSD Directors.

Loose lips sink ships right?  (Or maybe a lucrative contract?)

The notice at the bottom of the September 23, 2014 email which contained the attached resignation letter stated:

“The information contained in this email transmission is legally privileged and confidential information intended only for the use of the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this email message is strictly prohibited. If you are not the intended recipient, please do not read, copy, or retransmit this communication, but destroy it immediately. Thank you.”

During Friday’s meeting Emery said he hadn’t seen the GM’s resignation email but merely heard the news from someone else…..Sounds more like the typical EMERY ROSS “the dog ate my homework excuse”. Not too believable, but it would fit with the late night faxing of A FIRST STRIKE PROPOSAL BASED ON INSIDER INFORMATION.

But why would Emery take it upon himself to call his friend with this “heads-up” confidential information (resignation wasn’t publically announced) when the agenda was already prepared? Come to think of it, how was that agenda so suddenly and covertly changed to have Emery’s friend’s proposal with prepared contract ready for signature in a public agenda board packet?

QUESTION: HOW CAN ANYONE APPLY/SUBMIT A PROPOSAL FOR A JOB WHEN THE OPEN POSITION HASN’T EVEN BEEN OFFICIALLY NOTICED YET?

ANSWER: HAVE ONE OR MORE DIRECTORS ON THE BOARD WHO DON’T UNDERSTAND (OR CARE) ABOUT THE OATH OF OFFICE THEY TOOK.

NEVER MET HIM TO MY KNOWLEDGE
I’ve read and watched some information about Kampa’s personal energy in the field of water treatment and for the most part thought it quite complimentary.  I agreed with some of his ideas and comments. The fact Kampa was terminated from his position at TUD (Tuolumne Utilities District) about a year ago really wasn’t too earth shattering for me since the voting public often does not understand the issues and the hard unpopular decisions that must be made in order to keep the water flowing. I always figured it was a local political thing, similar to our situation here in Lake Don Pedro.

A handful of people that don’t know their assets from a hole in the ground call all their friends and acquaintances telling them who the best candidate is who won’t raise their rates and give them everything they want for Christmas!
Then POOF! An otherwise competent and goal oriented GM/DIRECTOR hits the road because of rumors and disinformation. But now, after meeting him for the first time and observing the connection with EMERY ROSS, perhaps my natural inclination to believe the best in people was misplaced in this situation? Just like it was with EMERY ROSS.

THINK ABOUT THIS
As the former GM of TUD (Tuolumne Utilities District) Mr. Kampa was obviously all too familiar with the often cumbersome restrictions and regulations of the Brown Act, Request For Proposals, standard operating procedures, etc. . He is familiar with the typical district and how transparency in government is crucial to public trust — especially when about the only news a customer gets is the notice of a rate increase.

Perhaps there is no hard core illegality going on here, but face it, there is clear evidence that smacks of favoritism in a governmental process of recruiting the best person/company for a very important job. Kampa may be the best solution for the position, but thwarting an honest above board recruitment process that is open to all who might be interested is cause for pause.

A SNEAKY PETE OR NOT? (I really don’t know)
Didn’t any alarm bells go off in Kampa’s head? I mean, his long time friend DIRECTOR EMERY ROSS was providing him with “insider trading” type information. The Board could have met and determined going with Kampa may have been the best thing to do, but when things are done contrary to the norm and in secrecy, I get nervous.

When Emery is involved I know there is a reason to slow down and consider things carefully because, frankly, Emery is less than candid. Didn’t Kampa wonder or worry how Emery might try to assist him and fix things behind the scene? Seriously, Kampa has known Emery for two decades and anyone who knows Emery is aware that he pretty much does and says as he pleases with little or no accountability. If you personally speak with him for a while you would understand this. Shouldn’t Kampa have wondered why a sitting Director on a CSD Board would provide him WITH FIRST STRIKE OPPORTUNITY TO GET HIS PROPOSAL in before others? Didn’t Kampa sense something was wrong when he sent such information to EMERY ROSS personally at 1158 PM on September 30th – the same day the original agenda was prepared and distributed but then quickly changed to include only Kampa’s proposal?

Did Kampa even know his proposal was set up to be THE ONLY ONE THAT COULD HAVE  POSSIBLY BEEN CONSIDERED?

Again, there may not be any hard and fast illegalities here calling for jail time or anything, but in my mind it was in violation of CSD policy regarding director conduct, and policy as to how the agenda is created (the President of the board had no idea of the agenda changes), surreptitious, under-handed, sneaky, unethical, but most of all —- all too typical for THE EMERY ROSS METHODOLOGY OF MICRO-MANAGEMENT. I have so much more to share on this later.

YES, I DID WALK OUT OF FRIDAY’S MEETING
Perfect attendance for almost four years (four year term up in December). Never missed a meeting.  Have never been late for a meeting.  Friday was however a breaking point. Emery and Betsie have obstructed positive district progress since they arrived in Don Pedro and started cattle ranching with water they KNEW FOR A FACT THEY WERE NOT ENTITLED UNDER THE WATER LICENSE, yet they have cultivated the false appearance as victims of a greedy selfish water district.    Now they apparently plan to insulated themselves further with their long time friend as the new IGM.

When I realized precious time was being wasted discussing something three directors had already made up their minds to accomplish, and that once again EMERY and BETSIE ROSS were the instigators of another plot to help conceal how they actually wrongfully started a foothill cattle ranch using treated water unquestionably intended for domestic human consumption and in direct violation of Water License 11395, I did honestly feel sick to my stomach.   Oh sure, I was angry also and that’s not healthy either.

I believe I have abstained from voting only once because the evidence in support of the motion was weak, but the results would have been significant.
On Friday I could not vote “YES” for Mr. Kampa’s proposal because as Emery spoke I recognized it was just another MUCKED UP SITUATION BECAUSE OF HIS CONSTANT INTERMEDELING AND MICRO-MANAGING OF DISTRICT BUSINESS. Certainly I couldn’t vote yes knowing that it was another EMERY ROSS CHEAT.

How could I vote no in light of the positive things I had heard about Kampa? Listening to Emery and observing his typical orchestrated theatre of a few supporters in the audience was slowly eroding any confidence in Kampa’s proposal. My belief that Mr. Kampa had undeservingly been terminated from TUD because of dirty politics was being tainted with the known underhandedness and dirty politics so typical of Emery Ross.
Yup, I felt sick to my stomach that such nonsense continues unabated.

Have much to do in a short period of time so excuse spelling, grammar, style, etc.  , but until later and as always-

My Best To You And Yours, Lew

PS: MUCH MORE on all this later, but for now here is the information request I sent to the CSD office today – perhaps we can figure out what happened together?

???????????????????
Hello Syndie, could you please also include (with the previous request):

1) the LDPCSD policy/procedure for hiring independent contractors;
2) the standard operating procedure for solicitation and acceptance of management/consultant services;
3) the current established committees and their assigned personnel;
4) all committee meetings/reports regarding the GM vacancy
5) all LDPCSD emails (including Director and Staff) FAXES, reports, telephone messages etc., following the resignation of Ralph Felix
6) all communications with CEA (California Employer’s Association – who assisted in our last GM hiring) since the resignation letter
7) what personnel and/or Directors were involved with the preparation of the October 3rd 2014 Agenda?
8.  what personnel and/or Directors were involved with changing DISCUSSION / ACTION item c. to include “management proposal from Pete Kampa”?

Seems to me what occurred at the Friday, October 3rd, 2014 Special Meeting was an intentionally constructed closed recruitment process orchestrated by Director Emery Ross to have the Lake Don Pedro Community Services District specifically contract with a personal friend of his to be the new IGM. How could any other “independent contractors” possibly compete for the position if Emery Ross didn’t call them with the news of a GM vacancy also? Why was the Board President and Vice President not notified that Director Ross was going to personally choose the next IGM? Why didn’t the LDPCSD advertise for a new IGM/GM as originally proposed in the first agenda? I cannot help but believe since Emery Ross made a point of saying I was against OUTSIDE PLACE OF USE WATER SERVICE that his personal choice for a new IGM might be more comfortable with Director Ross living outside the LEGAL PLACE OF USE under Merced Irrigation District Water License 11395 while supporting his cattle ranch with treated chlorinated water that was clearly intended for domestic residential consumption.

You know Syndie, I had hoped to sit back and quietly ride out another few months and finish my four year term without incident and just chalk it up to local political corruption and decades of cultivated low information resident apathy. My days are pretty busy taking care of Tara as she slowly fades away. I have never done so much laundry in my life! So sad, cannot use her front legs now but is in great spirits, no pain, and loves to go on cart pulls and still plays catch. I know our time is short but this latest self serving, micro-managing stunt by Emery has caused me to change my plans a bit. Obviously Ross didn’t learn anything from being removed as Board President a couple of years ago by the Grand Jury for such behavior.

Thanks,

Lew Richardson, Vice President, LDPCSD

Every time this has happened I am ashamed and embarrassed because I know better. You would think after the first time, or even the second time at most, a person would get the message, learn their lesson and make the appropriate changes to insure such a situation does not occur again. Although the fact patterns may be quite different, I never-the-less picked up another DWI last month and the only person deserving of blame looks back at me in the mirror. There is no escape from who is responsible.

Having had previous experience with such matters I was painfully aware of the embarrassment that would follow and fully anticipated a compounding of that humiliation because I still had 5 months to serve on my four year term with the Community Services District as a public official. (Thanks to intervention by a neighbor during the last episode the negative consequences were undoubtedly reduced.)

I predicted this last one was going to carry a much heavier financial burden than prior incidents and I was absolutely correct. Ouch! Taking responsibility for one’s action or omission to act is not only legally required but necessary in the healing process of forgiving yourself and moving forward with life. Such was the case yesterday when I put a good dent in my plastic credit card by paying what I owed. I swore to be more diligent in the future.

As with most things in life that we would probably prefer not to be involved, if one looks hard enough you might discover a silver lining to an otherwise negative experience. Although apprehensive that someone might not read carefully, understand my thought process, or appreciate my form of expression, I post this blog with the hope it may help others avoid the pitfalls of momentary inattention which can carry punishing results, both emotionally and financially.

“Over-riding” the preset on an irrigation timer by loosening the bleed screw might be a quick and easy way to provide temporary “off schedule” water to thirsty trees (on permitted watering days of course), however, being distracted by something else and forgetting to tighten it back down defeats the whole purpose of installing the equipment in the first place.

All the dedicated conservation efforts and resulting savings for a month or so can easily be lost with only one Distracted While Irrigating incident.

Despite the fact my Leland Cypress trees have not looked better in years (the silver lining that there was at least a beneficial use to the accident) I would have never considered using that much water for their continued survival.

I hereby officially “reset the clock” on my conservation efforts with the following personal caveat:

THOU SHALT NOT LOOSEN THE BLEED SCREW WITHOUT REMAINING AT THAT LOCATION UNTIL RETIGHTENING!

My best to you and yours, Lew

While reading a recent agenda packet for the Mariposa County Board of Supervisors I discovered a submitted support letter for trail indemnification by one who had previously advocated there was nothing wrong with asphalt paving and dual use of Pedestrian & Equestrian Trails with motor vehicles (despite the prohibition of such under Mariposa County Ordinance 950).

Obviously Mr. Alfier is referring to P&E, not E&P Trails.  Citing this real estate term backwards would not be an earth shattering mistake if committed by an average individual unfamiliar with real estate jargon, however, Mr. Alfier has represented for decades that he is a professional real estate business owner very familiar with the Lake Don Pedro area – in fact his company’s motto is: “Serving the Lake Don Pedro area since 1968”.   Two observations immediately became apparent to me after reading Mr. Alfier’s letter, bare in mind this is only my personal opinion.

1) Mr. Alfier’s comments regarding this proposed indemnity program not only evidences his confusion of the subject matter but reeks of hypocrisy considering his past support in the paving of a P&E Trail that is on his property and serves as a motor vehicle “driveway” for his formerly proposed home site;   and,

2) What Harry Alfier actually served in Lake Don Pedro was Harry Alfier.

This observation is especially repugnant when you consider he doesn’t live here but routinely refers to the area as “our community” as if he shares in such problems as an average resident rather than a perpetrator and/or benefactor.  Mr. Alfier resides in Modesto California yet now attempts to evade potential liability for an absolute mess he helped facilitate regarding an extremely dangerous road serving his Alamo Drive property.

[Incidentally, that property is now for sale and that dangerous nightmare of a road is advertised as a “large asphalt semi-private driveway”.   Perhaps a bit misleading since there is no mention of the fact this “driveway” is located on top of a dedicated P&E Trail open for public use.  Prospective purchasers might not know or care for the fact a public easement is approximately 10 feet from the previously proposed residence which was never constructed.  (A sign on one of  the neighboring properties compromised by this road and indicating the location of the trail somehow mysteriously disappeared – right around the time the property went up for sale – imagine that.)  Here is an old blog about that ad which might more accurately be renamed:   POTENTIAL LIABILITY FOR SALE?]

Certainly the possession of such a dangerous nuisance on one’s property could produce a “law suit anxiety” for any owner, resident or absentee, because it is only a matter of time before someone is injured, killed or private property damaged or destroyed as a direct result of using that pathetic excuse for a traditional conforming roadway.  [When considering liability issues do not forget property damage – ie, vehicle damage from a wheel abruptly leaving the drop off roadway surface or accidently starting a grass fire with a hot catalytic converter, etc..  Foothill fires are something of which every resident in the area should be concerned – fire does not recognize the limits of particular property lines.]

REAL ESTATE LETTERHEAD CORRESPONDENCE

So as not to be confusing, I will clearly identify Mr. Alfier’s comments in red, and my personal comments in BLUE CAPATILIZED LETTERS.

$$$$$$$$$$$$$

April 28th, 2014

The issue of liability of a property owner regarding the equestrian-pedestrian trails in our subdivision is very important.

(LEW’S VIEW) I CAN CERTAINLY UNDERSTAND WHY THIS ISSUE IS ESPECIALLY “VERY IMPORTANT” TO MR. ALFIER SINCE HIS PROPERTY IS ACCESSED BY ONE OF THE MOST DANGEROUS DEVELOPER CONVENIENCE ROADS THAT WERE CONSTRUCTED 12 YEARS AFTER THE 1991 STATE RESPONSIBILITY AREA (SRA) MINIMUM ROADWAY STANDARDS WERE ESTABLISHED. THOSE REGULATIONS WERE SPECIFICALLY CREATED TO PROTECT LIFE AND PROPERTY LOSS IN A DESIGNATED HIGH FIRE SEVERITY ZONE.  MR. ALFIER’S ROAD IS NON COMPLIANT WITH SEVEN (7) OF THOSE PUBLIC SAFETY FIRE SAFE REGULATIONS.

1) NARROW ROADWAY/SRA SECTION 1273.01
2) RADIUS OF ROADWAY TURN/SRA SECTION 1273.04
3) ROADWAY SURFACE/SRA SECTION 1273.02
4) ROADWAY GRADE/SRA SECTION 1273.03
5) ROADWAY TURNOUT/SRA SECTION 1273.06
6) ROADWAY TURNAROUND/SRA 1273.05
7) DEAD-END ROAD/SRA SECTION 1273.09

The trails are definitely an asset to our community and should be protected and maintained.

(LEW’S VIEW) THERE’S THAT “OUR COMMUNITY” MISREPRESENTATION AGAIN, ALTHOUGH I CERTAINLY AGREE THE TRAIL ON ALFIER’S LOT (AND OTHERS) SHOULD HAVE BEEN PROTECTED FROM UNCONTROLLED DEVELOPMENT, THEY WERE NOT.   [THERE IS A BIG DIFFERENCE BETWEEN OBTAINING A PROPER GRADING PERMIT FOR ROADWAY CONSTRUCTION WHICH WOULD HAVE REQUIRED A CALFIRE INSPECTION PRIOR TO ANY WORK VERSUS OBTAINING A SIMPLE  ENCROACHMENT PERMIT FOR A TRADITIONAL DRIVEWAY AND THEN CONSTRUCTING A 1,600 FOOT INFERIOR AND DANGEROUS PAVED ROAD ACCESSING MULTIPLE PROPERTIES.]   MR. ALFIER’S STATED CONCERN REGARDING THE PROTECTION AND MAINTENANCE OF PEDESTRIAN & ESQUESTRIAN TRAILS SEEMS TO HAVE MATERIALZED ONLY AFTER THE LIABILITY ISSUE BECAME MORE APPARENT AND PERHAPS PERSONAL TO MR. ALFIER.

That being said, I support the idea of Mariposa County joining Tuolumne County in providing indemnity coverage for these public trails in their county.

(LEW’S VIEW)  NOT A BIG SURPIRSE AND PERFECTLY UNDERSTANDABLE MR. ALFIER WOULD SUPPORT ANYTHING – OR ANYONE – THAT MIGHT ABSOLVE OR MINIMIZE HIS LIABILITY EXPOSURE FOR INJURY OR DEATH RESULTING FROM HIS DANGEROUS “LARGE ASPHALT SEMI-PRIVATE DRIVEWAY”.   PLEASE DO NOT FORGET IT WAS HIS PREVIOUS “SUPPORT” FOR SUCH ROADS THAT ASSISTED IN CREATING THE PROBLEM HE NOW SEEKS TO AVOID WITH SOMEONE ELSE’S MONEY.   [ALSO REMEMBER THIS IS NOT A DRIVEWAY, BUT A ROADWAY SINCE IT WAS SPECIFICALLY DESIGNED AND CONSTRUCTED TO SERVE MULTIPLE RESIDENCES.  CALFIRE IS ON RECORD AS NOT RECOGNIZING IT AS A NECESSARY ACCESS ROAD; NOT HAVING THE OPPORTUNITY TO INSPECT PRIOR TO CONSTRUCTION AS IS THE NORMAL PROCEDURE FOR ROAD CONSTRUCTION; AND WOULD NEVER HAVE APPROVED IT AS A COMPLIANT ROADWAY UNDER SRA FIRE SAFE REGULATIONS.]

Respectfully yours, Harry Alfier

$$$$$$$$$$$$$

I realize the quality and production of the below video is quite poor but hope it will suffice to get the general idea of just how dangerous this road is and why it reasonably represents potential liability to the owners of properties it traverses.

VIDEO LINK: ROAD SERVING MR. ALFIER’S PROPERTY

This is the point:  such a dangerous road COULD NEVER HAVE BEEN CONSTRUCTED IN THE FIRST PLACE IF PERTINENT LAWS, CODES, AND REGULATIONS DESIGNED TO PROTECT PUBLIC SAFETY WERE FOLLOWED. As in the past, I publically challenge ANYONE to drive that roadway and tell me with a straight face it is reasonably safe for the terrain and intended purpose of serving several homes in a designated high fire severity zone.  Looks more like a golf cart path meandering through a grassy hillside.  How comfortable would you sleep at night knowing the types of accidents which could result and the financial loss you might face as the property owner?

INITIALLY THOUGHT INDEMNIFICATION WAS A GOOD IDEA

When I first learned of this indemnity concept (where property owners who have a P&E Trail on their land would be insured by the County of Mariposa against injuries, death, and property damage resulting from trail use) I thought it was a reasonable request. Unfortunately, after reading Mr. Alfier’s comments I believe I now understand the true motive involved.  I whole heartedly agree with, and support, County Administrative Officer Rick Benson and County Counsel Steve Dahlem’s recommendation that the County NOT pursue this liability insurance business because it simply is not fair.

Here is that July 17th letter to the Mariposa County Board of Supervisors.

Even if such a program were to be developed it should exclude all properties with such major modifications to a trail that obviously creates a greater liability exposure, such as Mr. Alfier’s advertised “large asphalt semi-private driveway” which is open to the public.   Personally I believe those who circumvent established regulations designed for public safety and compromise a public trail with the intent to profit from such activity should be required to bear the resulting negative consequences of their actions.   But sadly, most of us are aware of this modus operandi … intentionally violate regulations for convenience and profit then mitigate the negative consequences for compliance which usually entails some kind of detriment to other innocent parties.

Property owners who advocate Mariposa should furnish indemnification like Tuolumne County overlook a very important distinction between the two counties: Tuolumne County did not permit such developer convenience road construction on their side of the subdivision and thus effectively prevented the enhanced danger to public users.  Typical isn’t it?  Only a few ruin it for the vast majority who had done nothing wrong.

UNDERLYING RATIONALE

It is not fair for public tax dollars received from everyone in Mariposa County to be used in creating a special benefit for only those in Lake Don Pedro who have a P&E Trail on their property. This seems to be a pretty straight forward and reasonable argument.

ALREADY GOT AWAY WITH IT INITIALLY

When I complained to the Mariposa County Grand Jury about not being able to obtain work order records from the Public Works Department (which used public funds to clean up that disastrous erosion problem on Alamo Drive which affected a public roadway drainage system due to Deerwood’s redirecting of hillside natural runoff for his [and Mr. Alfier’s] developer convenience road), I was advised no such records were available. How convenient.

FOIA (Freedom Of Information Act) requests are meaningless if evidence is intentionally destroyed by a public agency to conceal wrongful activity benefitting private concerns.  No records?  Case closed.  “Move on – nothing to see here folks”, while every taxpayer in Mariposa once again paid for an environmental clean up perpetrated by a private profit driven land development corporation exploiting the natural resources of our foothill community.  Naturally, the first line of defense, that being our owners’ association, did absolutely nothing because the voting power of the land development corporation had already packed the board with supporters who betrayed their fiduciary duty to every single property owner now and for perpetuity.  Dirty local politics my friends and Mr. Harry Alfier has been up to his eyeballs in such stuff since day one – in my opinion.

That “multi-million dollar corporation” was unconcerned with potential liability, much less the safety of any person who will ever use that road, when it created those convenience roads during its uncontrolled tunnel vision pursuit of profit.  Why should every innocent taxpayer in the County of Mariposa again  be responsible for this resulting liability exposure?

SAME ARGUMENT, JUST ANOTHER EXAMPLE

So, everyone should not be financially responsible for a special benefit to a select class if everyone does not share in that benefit?   Doesn’t this seem similar to the argument I have repeatedly used against having 99% of our legal users (and future legal users) of water in the Lake Don Pedro Community Services District paying for expensive ground wells to serve 36 properties not legally entitled to such?

Does it seem fair that property owners who chose not to live in a Community Interest Development with the all too familiar constraining CC&Rs, annual assessments, board of directors, etc., can never-the-less obtain one of the greatest benefits of purchasing property in a planned community development – that being potable water?

When a recently elected CSD director announced during a board meeting that he had concluded from his experience and research that those 36 consumers OUTSIDE THE LEGAL AREA OF SERVICE UNDER THE WATER LICENSE COULD BE PAYING LESS FOR THEIR WATER than the 99% of legal users in the subdivision, well, I almost fell out of my chair.

Make no mistake, this isn’t just about 36 properties outside the legal place of use and future ground wells to supply that current demand – it is only a “foot in the door” for massive expansion plans. There are countless other properties and tens of millions of dollars in profit to be made if otherwise dry, drought prone foothill land could receive water – especially if subsidized by 99% of legal users who are ignorant as to what is really at stake for their future CSD account billing. Ever wonder why property owners outside the legal service area that do not receive water or financially contribute to the district can participate in district elections anyway?  How fair does that seem?
Let me make something perfectly clear – once again. Contrary to what these current and wannabe “special benefit consumers” might spread through the community, I am not, nor have I ever been, against development around Lake Don Pedro. I do not wish to discontinue service to ANYONE either, however, I sincerely believe those who receive this special benefit of water service outside the legal place of use should be required to pay the additional costs of supplying that valuable benefit themselves.

Doesn’t that make sense?

Much more on this later, but until then, and as always –

My best to you and yours, Lew

 

 

 

 

 

 

 

My best to you and yours, Lew

I wrote the below after a friend of mine was “Gone from my sight” mid December 2013. My exposure to Henry Van Dyke’s emotionally provoking (at least for me) explanation of that with which we will all eventually become acquainted, was contained in a pamphlet provided by an attending Hospice nurse. The poem is self explanatory, however, what remains will likely take some time to sort out.

JBD was a friend of mine
Who assisted through a difficult time
My Father’s passing hit rather hard
But Jim brought me back to the line.

Crack of dawn breakfasts at Woods Creek Cafe
The weather dictated indoors or out
Target shooting for fun or a small bet
Companionship is what it was about.

Jim was a life member of the Mother Lode
Shot Cowboy Action for fun
Taught me to shoot the legendary Garand
And to load without “M1 thumb”

Just as he planned his membership now ends
No longer needing a gate card or key
Clear facts of life can’t be left to oversight
Because there’s a plan and a time we must leave.

We are clear down range -firing line ready
Nothing but perfect scores from now on
Say hello to my Dad for me
See you both for breakfast some dawn.

Thank you for sponsoring me Jim
Your friend, MLGC #074747617

*****

What I have recently observed/witnessed is going to profoundly affect me for the rest of my life. I confess to having serious questions about the circumstances surrounding my friend’s departure along with legitimate concerns for how a surviving family member was treated (unfortunately leaning more towards mistreated) in the wake of his journey. My limited involvement materialized from a request for assistance. I was merely a friend called upon to help in particular instances yet was, as a result of this request, permitted a rare first hand glimpse into the world of end of life care traditionally reserved for those intimately and immediately involved.

I witnessed many things, some alarming, some disturbing, some quite comforting but I was not a relative or holder of the sacred Power of Attorney and was therefore simply a powerless albeit concerned bystander at the scene.

Every one of us was dependent upon someone when we came into this world and it seems a truism to the equation of life that most will require someone to advocate, speak and act for them when they are no longer capable of independent choice during their time on the end of life stage. Choosing those who will represent your interests and desires is the single most important decision you will ever make concerning your own life, please do so wisely without reservation.

 

My best to you and yours, Lew

I am standing upon the seashore.  A ship, at my side, spreads her white sails to the moving breeze and starts for the blue ocean.  She is an object of beauty and strength.  I stand and watch her until, at length, she hangs like a speck of white cloud just where the sea and sky come to mingle with each other.

Then, someone at my side says, “There, she is gone”

Gone where?

Gone from my sight.  That is all.  She is just as large in mast, hull and spar as she was when she left my side.  And, she is just as able to bear her load of living freight to her destined port.

Her diminished size is in me — not in her.  And, just at the moment when someone says, “There, she is gone,” there are other eyes watching her coming, and other voices ready to take up the glad shout, “Here she comes!”

And that is dying…

 

Henry Van Dyke (November 10, 1852 – April 10, 1933)  American author, educator, poet, playwright and clergyman.

I am reasonably sure most people have suffered the “buyer’s remorse” syndrome at one time or another and will easily relate to this posting. Whether you approve of the material posted or not is another matter, so please excuse my exuberance in wishing to share something I believe might produce a laugh if you are actually a bit put-off.

You know the routine I’m talking about: the remorse, regret, second-guessing (as to the wisdom of purchase), the post purchase analysis of want/desire versus necessity, “why in the world would I buy something like that?”, etc., all this and more play a part in removing the initial enjoyment or pleasure out of making something “YOURS” that was “FOR SALE”.

Many years ago I purchased a number of T-Shirts that were often attempts at humor by making some sort of political, environmental, or societal statement (either verbally or with photographic/graphic images), which if nothing else, were thought provoking, assuming of course the viewer was not immediately overcome with revulsion, disapproval, or anger. Unfortunately, AFTER adding them to my collection of questionable acquisitions I was hesitant about wearing them in public due to the possibility of unintentionally offending more sensitive individuals who may not appreciate the intended point of the expression.

The T-shirts were either destined to remain forgotten packed away in boxes or collecting dust on the long abandoned end of the clothes rack with the occasional exception of when worn around my own property as nothing more that protection from the elements and “work shirts” often permanently stained with paint, oil, grease, etc., all relegated to nonpublic display.

Recently I discovered a cache of these T-shirts and a couple of them rekindled whatever appreciation I might have had for them at the time of purchase and for some reason I was encouraged to share one with you this morning. So again, please excuse me if you are in anyway offended as this was not my intention. Yep, sure hope I didn’t step in this particular subject matter this morning. LOL

THE RELIGIONS

TAOISM: Shit happens.

HINDUISM: This shit happened before.

CONFUCIANISM: Confucius say: Shit happens.

BUDDHISM: It is only an illusion of shit happening.

ZEN: What is the sound of shit happening?

ISLAM: If shit happens, it is the will of Allah.

JEHOVAH’S WITNESSES: Knock, knock: Shit happens.

ATHEISM: There is no such thing as shit.

AGNOSTICISM: Maybe shit happens, and maybe it doesn’t.

PROTESTANTISM: Shit won’t happen if I work hard.

CATHOLICISM: If shit happens, I deserve it.

JUDAISM: Why Does shit always happen to me?

TELEVANGELISM: Send money or shit will happen to you.

RASTAFARIAN: Smoke that shit.

My best to you and yours, Lew

A National Debt of over $17 TRILLION which routinely increases at a rate of BILLIONS OF DOLLARS EVERY DAY?

Politicians who pass legislation they did not read, much less understand, who are now more concerned with their re-election than the horrendous ramifications of their past irresponsible activity?

THAT SORT OF $HIT SHOULD NEVER HAPPEN.

In only 20 days our NATIONAL DEBT has INCREASED ANOTHER 172 BILLION DOLLARS OVER the 17 TRILLION DOLLAR MARK passed on November 1^st ,2013.

That averages out to 8.6 BILLION DOLLARS A DAY!

Now remember, In STACKED ONE HUNDRED DOLLAR BILLS (laid one on top of another-not end to end), that is 16 TIMES GREATER THAN THE HEIGHT OF THE EMPIRE STATE BUILDING!

Seriously, does this sound even remotely sustainable to you?

Not that it helps but…..

My best to you and yours, Lew

PS: Things are going very well with your Lake Don Pedro Community Services District under the excellent leadership of General Manager Ralph Felix (he has one heck of a mess to clean up that was created decades before he arrived).  Due to the outrageous complaints by only a few who support returning to the MICRO-MANAGING PRACTICES OF THE PAST (which enabled pursuit of CONFLICTING INTERESTS with the intended design and functioning of our SURFACE WATER TREATMENT PLANT), along with the desire to not make our GM’s work more difficult with those traditional spurious complaints, I am obviously no longer posting verbatim transcripts of our meetings or expressing my opinion why such COUNTER PRODUCTIVE OBSTRUCTIONISM continues to exist.  [It really is quite simple though if you look at the undisputed facts.]

Rather humorous in a way because some of the same people who relentlessly complained about this website have quietly expressed to others how they miss not being able to read what happens at our meetings.  (Note: There were never any complaints or accusations regarding the correctness or authenticity of the transcripts, but rather, only extreme criticism as to my personal opinion as to why such wrongful activity occurred.)

Oh well, perhaps those involved with the continuing obstructionism will have to purchase a book later just to appreciate how ridiculous their activities are now?