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

XXX

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

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

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

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

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

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

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

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

ITEM F: CONSENT CALENDAR

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

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

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

ITEM H: COMMITTEE MEETING UPDATES

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

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

XXX

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

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

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

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

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

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

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

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

XXX

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

ITEM J: RANCHITO WELL STUDY.

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

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

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

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

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

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

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

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

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

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

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

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

Meeting adjourned unanimously.

My best to you and yours, Lew

December 19^th, 2011 Meeting Continued

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

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

XXX

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

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

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

Director Emery Ross: (inaudible) laughter

VP Kinsella: There are no other nominations?

Director Ross: Get it by default

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

Director Victor Afanasiev: You need a second first

Multiple voices

Unknown: I’ll second it

VP Kinsella: No, no you don’t

Multiple voices/cross talk

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

VP Kinsella: OK, who made the second?

Director Afanasiev: I did

VP Kinsella: OK, any comments from the audience?

Director Afanasiev: Wes Barton, no comment?

VP Kinsella: Huh?

Director Afanasiev: No comment from Mr. Barton

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

Director Richardson: Aye

Director Afanasiev: You mean for a vote?

VP Kinsella: Yeah, in favor of me

Board Secretary Charise Reeves: a yes….

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

Multiple voices/ cross talk

VP Kinsella: (inaudible) got it by default

Secretary Charise Reeves: So did we need a vote?

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

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

Director Ross: No it wasn’t

Secretary Reeves: OK

Director Richardson: Oh, how was it not?

Secretary Reeves: I need to record this guys

Director Ross: I didn’t vote

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

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

Director Afanasiev: We still need a vote

Director Richardson: What is your vote Emery?

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

Director Richardson: OK, so you’re abstaining?

Secretary Reeves: What about Mark?

Director Richardson: I don’t know?

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

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

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

Director Ross: Vice President next

Multiple voices

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

Director Skoien: I’ll nominate Emery

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

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

President Kinsella: Huh?

Sally Punte: May I interrupt?

President Kinsella: Go ahead

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

Director Ross: I’m electable

Sally Punte: because of the Grand Jury

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

Sally Punte: Well yes but that would mean

Director Ross: Different – different board

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

Director Skoien: That was a different board

Multiple voices

Director Richardson: Good point

Director Skoien: Different year

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

Director Richardson: No, that’s not true.

President Kinsella: Oh boy

Multiple voices

Director Richardson: Get your facts straight.

Director Ross: (inaudible) let them vote

President Kinsella: You’re right

Sally Punte: I know

Director Ross: Let them vote, take the vote

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

Sally Punte: That’s true but

Director Ross: the grand jury

Sally Punte: you see my point Mark

Director Ross: the Grand Jury

President Kinsella: Well OK

Director Ross: Call for the vote

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

Director Skoien: aye

President Kinsella: Emery did you vote?

Director Ross: No

President Kinsella: Just Mark

Secretary Reeves: OK

President Kinsella: all in favor of Lew? Aye

Director Afanasiev: Aye

Director Richardson: Aye, three to two?

Director Ross: I didn’t vote

President Kinsella: Huh?

Director Ross: I didn’t vote

Director Richardson: Abstained

President Kinsella: I know you didn’t vote

Director Richardson: Abstain?

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

President Kinsella: Well Emery don’t be

Multiple voices/cross talk

Director Ross: Mark

Director Skoien: What?

Board Secretary: OK, wait a minute

Director Ross: Mark voted

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

Director Ross: Right

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

Director Ross: Whatever you’ve got to call it

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

President Kinsella: Yes

Board Secretary Reeves: Victor, Bill and Lew?

President Kinsella: Yes

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

Director Skoien: No

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

President Kinsella: My sympathies Mr. Richardson

VP Richardson: Well I threw you into the fire

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

Director Afanasiev: Ah what (inaudible)

President Kinsella: What?

Director Ross: Committees are always part of it ah Victor

Director Afanasiev: Yes

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

Director Afanasiev: OK

President Kinsella: We need somebody for finance?

(After long silent pause …. laughter)

VP Richardson: Listen to everybody….

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

Board Secretary: Yep

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

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

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

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

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

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

President Kinsella: Victor?

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

President Kinsella: Lew you’re it

VP Richardson: I guess it’s me

Board Secretary Reeves: OK

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

President Kinsella: Operations

Director Skoien: Well you’re qualified

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

President Kinsella: Operations

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

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

Board Secretary: Bill and Mark on Operations, OK

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

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

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

VP Richardson: That makes sense. Makes sense.

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

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

VP Richardson: Well Victor has since come aboard, so

President Kinsella: Yeah, Victor would you do that?

Director Afanasiev: What Public Relations?

President Kinsella: Yeah

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

VP Richardson: Well I thought you said you would?

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

Multiple voices/cross talk

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

VP Richardson: Well then you’re still in

President Kinsella: I guess I am

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

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

Board Secretary: We didn’t

President Kinsella: like to drop off on that one.

Director Afanasiev: I’ll take that one

President Kinsella: Ah Victor (inaudible)

VP Richardson: Alright

Board Secretary: And who’s our second?

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

Director Skoien: No

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

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

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

President Kinsella: Yeah

VP Richardson: OK

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

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

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

Director Afanasiev: That’s fine.

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

President Kinsella: Yeah, I can’t dump everything

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

President Kinsella: Well, but

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

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

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

Unknown: Yeah we know more about the ah, the

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

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

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

President Kinsella: Huh?

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

Director Skoien: Can it be Dan?

Director Afanasiev: Or ladies?

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

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

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

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

President Kinsella: Say again?

IGM Tynan: I’ll ask them

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

VP Richardson: You’re still on that?

Director Afanasiev: Yes

VP Richardson: OK

President Kinsella: Plaza by the Lake?

Multiple voices questioning committees

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

VP Richardson: What do you call it – decommissioned?

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

VP Richardson: Dissolved?

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

Multiple voices

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

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

Board Secretary Reeves: Sierra Foothills and South Shore

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

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

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

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

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

Director Afanasiev: Yes

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

President Kinsella: Yeah, right, OK

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

President Kinsella: Mark says yes

Board Secretary Reeves: Mark says yes

Director Afanasiev: I have no problem with it

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

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

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

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

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

Board Secretary Reeves: No it’s totally different

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

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

Sally Punte: And LAFCo

VP Richardson: But we don’t have a LAFCo

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

Director Skoien: No, not one on LAFCo

Multiple voices/cross talk

President Kinsella: (inaudible) put that into Area Planning

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

President Kinsella: Yeah

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

Sally Punte: (inaudible) that was..

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

Multiple voices/cross talk

Director Skoien: Eliminate, we aint taking over that

President Kinsella: It would still be Area Planning

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

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

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

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

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

VP Richardson: Bring it on, bring it on

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

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

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

Director Skoien: Yeah

VP Richardson: Yeah, yeah that’s true

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

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

Director Skoien: Or eliminate it

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

VP Richardson: Well I don’t know

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

Multiple voices

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

President Kinsella: Re-establish the committee

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

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

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

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

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

XXXXXXXX

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

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

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

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

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

Reminds me of an old joke:

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

My best to you and yours, Lew

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

DEER DIARY…..

There were actually five Deer that had crossed the road but a small one was evidently camera shy and just jumped out of the photo.

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SATURDAY, FEBRUARY 4^th, 2012 9AM – 1230PM

DON PEDRO HIGH SCHOOL GYM – 3090 MERCED FALLS ROAD

NOTE: Donors should be at least 110lbs and over 17 years of age

(Under 17 years of age requires written permission from parent or legal guardian)

For more information please contact Charlene Dare: 852-0751

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

DECEMBER 19^th, 2011 LDPCSD REGULAR BOARD MEETING

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

PUBLIC COMMENT

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

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

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

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

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

VP Kinsella: From the who?

Donna Morasci: This whole subject

VP Kinsella: Oh, OK

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

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

VP Kinsella: Wait, wait, let her finish

(multiple voices, cross talk)

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

Director Ross: ..do with me

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

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

Director Richardson: I beg your pardon

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

VP Kinsella: OK,

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

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

Director Richardson: No you said that –

Director Ross: Poe said that and I

Director Richardson: Ahhh, here we go again

(multiple voices, inaudible)

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

[January 18^th, 2011 Meeting]

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

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

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

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

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

Vice President Skoien: Yeah

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

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

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

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

President Ross: That’s not true.

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

President Ross: That belongs to Martin.

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

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

Dan Tynan: Pull the meters and…(inaudible)

Skoien: Yeah, it’s…

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

Vice President Skoien: Yeah

President Ross: OK, that’s a motion.

Vice President Skoien: I second it.

President Ross: Do I have a second?

Vice President Skoien: I’ll second it.

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

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

President Ross: Aha-huh….

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

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

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

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

Wes Barton: …..in terms of ….

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

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

President Ross: Morasci,

Betsy Ross: …(softly) Martin

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

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

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

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

President Ross: Nothing

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

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

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

(Cross talk)

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

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

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

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

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

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

(Much background talk)

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

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

(President Ross gavels audience)

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

(Multiple voices-inaudible)

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

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

(Cross talk-multiple voices)

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

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

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

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

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

Chuck Rebert: Part of that too is…

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

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

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

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

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

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

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

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

President Ross: (inaudible)

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

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

Director Skoien: it never subdivided

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

Director Kinsella: Subdivided?

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

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

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

Vice President Skoien: Oh… I’m…

President Ross: OK, he’s good.

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

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

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

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

VP Kinsella: yeah

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

Director Ross: I haven’t done anything

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

Director Ross: You can

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

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

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

VP Kinsella: Who was that person?

Donna Morasci: What’s that?

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

Donna Morasci: Michael Schwartz

Director Skoien: He’s sitting there

(multiple voices- discussing difference between Schartz and Schwartz)

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

VP Kinsella: Scharts or Schwarts?

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

(Multiple pronunciations of the name)

VP Kinsella: Oh OK

Director Ross: It’s on the agenda Bill

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

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

VP Kinsella: Yeah, OK

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

Director Ross: Never did

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

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

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

VP Kinsella: Yeah

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

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

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

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

(Major cross talk)

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

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

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

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

Donna Morasci: It doesn’t matter

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

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

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

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

(Multiple voices, cross talk)

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

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

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

Director Skoien: right

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

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

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

Donna Morasci: And it’s fraud

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

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

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

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

Director Richardson: Well

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

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

Donna Morasci: He went to school with Mrs. Poe

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

(multiple voices)

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

Director Ross: it wasn’t me

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

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

Director Ross: She did

(Multiple voices)

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

Director Skoien: Oh

Director Ross: She, she called me

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

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

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

Donna Morasci: No it didn’t

Multiple voices, cross talk, inaudible

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

Multiple voices – cross talk- no, no

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

VP Kinsella: Have you contacted the district attorney?

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

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

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

Unknown voice: absolutely

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

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

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

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

(Multiple voices)

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

Director Ross:  Years and years ago.

VP Kinsella:  OK, Charise has a….

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

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

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

Director Skoien:  But you had a bill separated with

Donna Morasci:  But not generated by me!

Director Skoien:  No, but,

Donna Morasci:  I  understand that somebody penned my name in

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

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

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

Director Richardson:  No

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

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

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

Director Ross:  Right

Donna Morasci:  Using  my, using my property

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

Donna Morasci:  And that’s still using my property

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

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

Director Richardson: Right

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

Donna Morasci: You guys

Director Skoien: obviously you didn’t want it done

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

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

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

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

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

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

Director Ross: Mariposa

VP Kinsella:  This is Mariposa

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

Multiple voices

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

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

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

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

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

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

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

Director Ross:  Well that’s nice

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

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

VP Kinsella:  Well either or

Cross talk

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

VP Kinsella:  Well if they

Donna Morasci:  You’ll find out

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

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

VP Kinsella: The, the, the

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

Donna Morasci:  That’s what I picked up

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

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

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

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

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

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

VP Kinsella:  Huh?

Laughter – multiple voices

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

Donna Morasci:  Well I appreciate your time really

Multiple voices

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

Wes Barton:  It had nothing to do with you

Donna Morasci:  Well that’s OK

Laughter

VP Kinsella:  Ms Morasci….

Donna Morasci:  I need a good laugh

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

Director Richardson: Sure

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

Donna Morasci:  OK

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

Director Skoien:  Yeah

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

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

Donna Morasci: The illegitimacy is setting in this room

VP Kinsella:  Whoa (laughter) there are

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

VP Kinsella:  OK, thank you

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

Donna Morasci:  Yes

VP Kinsella:  OK, any, any other comments?

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

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

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

Charise Reeves:  Yes

VP Kinsella:  Well if somebody else is named president

Director Skoien:  You’re still the vice president

VP Kinsella:  I could still be vice president

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

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

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

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

My best to you and yours, Lew

REPORT ON SPECIAL MEETING OF DECEMBER 19^th, 2011

DRAFT AUDIT REPORT PRESENTATION

The Auditor’s report (postponed from the November meeting) was presented by Michelle Gallagher from Clendenin Bird & Company, PC, Modesto California. Accompanying Michelle were Kathy Gatewood (also a partner of the firm) and Sara Geer who is a member of their staff. All three participated in the audit last August which took approximately three days of performing various tests and a number of interviews.

[NOTE: Most of the audit information below is paraphrased from Ms. Gallagher’s report unless verbatim, when it will be contained within “quotes”.]

“Overall the audit itself in terms of the financial records, ahm, was really clean, the only adjustment that we had, and it was due to lack of information, was the postretirement benefits adjustment that had to be made. Unfortunately we didn’t have the information in time when the audit started for Charise to have made that journal entry so that was the only journal entry that had to be made to record the mutual liability for the postretirement benefits. But besides that, all of the records that we have tested ahm, came out clean, and documentation is ah, sufficient.” Michelle Gallagher, Partner Clendenin Bird & Company.

The report was an “unqualified opinion” (which is the best you can get) and there were no adjustments, problems or non-reporting of things that would have caused the LDPCSD to receive a “qualified opinion”.

Pages 3-6 were Management’s discussion and analysis, where Charise had put together a “recap” of the events for the year in terms of financial information. Essentially a CSD narrative of how things were going throughout the year. 84% of our Net Assets is due to Capital Assets which is all our of CSD’s infrastructure. Regarding Governmental Activities we had another expenditure over revenue but the majority of that is due to depreciation – we don’t have to spend money for that to be a deduction or an expenditure so in terms of cash flow and how much money we’re spending, our operating is still doing OK.

Page 6 explained some of the capital items that were placed in service. Long Term Debt: two loans with one payment left on the AMR to be finished this year which will help since it’s about $69,000.

INFORMATION FROM THE BOARD PACKET: “The Water District also had a loan with Municipal Finance Corporation for the Treatment Plant Upgrades with a balance of $1,277,463.51. Payments of principal for 2011 and 2010 totaled $53,767.39 and $51,201.55, respectively. Interest paid for 2011 and 2010 totaled $65,238.69 and $67,804.53, respectively.”

Pages 7 – 10 are the Financial Statements. Cash has increased from year before, accounts Receiveable quite high but is due to the Account Receivable from the Waste Water Treatment Plant from Mariposa County that was discovered this last year at approximately $45,000.

Liabilities are pretty much the same as last year but slightly up which is not unusual.

Page 8: Statements of revenues, expenditures, and changes in net assets. Most significant changes are that out operating revenue did go up and expenditures for that did go down, so the net loss was only $51,000 from operations, so it was significantly better than last year’s which was about $300,000.

Page 9-10 Cash flow statement: Basically where money came from and where it went. We paid off $117,000 worth of debt and we netted out of operations from cash $274,000 which was significantly higher than the year before due to the increase in rates.

Pages 11-21 “Are the notes to the financial statements, they’re basically describing various items in the financial statements, they describe the accounting policies of the organization, what kind of funds you have obviously since you’re just a small district it’s just your water and sewer (inaudible).”

Page 14: Cash note: Describes where our money is held, LAIF (Local Agency Investment Fund), banks other financial institutions.

Page 18: Describes our Long Term Debt, how much longer we have on the note from the Government Capital Corporation, $69,000 finished next year (above); the other one will not be done until 2026, about $1.2 million dollars left on that one.

Postretirement benefits this year; Charise had a firm calculate that, huge liability last year due to Government Auditing Standards so this year the increase was only $124,000 because the actual cost was about $168,000 but we’ve already paid in about $42,000 of it so the net increase for the year was only about $124,000 and the year before it was, again, $208,000, so it was a pretty good decrease.

The most significant letter because after the third year of this audit we decided we needed to make sure the items we talked about were significant enough to warrant a comment in the letter.

“Typically ah, we would be giving you a management letter which is a separate letter that would be recommendations for items that we thought could be worked on, and since this is the third year in a row that we’ve had some of the items still open we feel it is important to put it in the letter along with the Grand Jury Report, ahm, we felt really strongly that we need to put it in the letter, so now it’s stated, and now we can talk about it, and now we can move forward on comments that were derived as a response we’re encouraging because now it seems that, you know, with a mediator coming in, (inaudible) reviewing policies that hopefully will get approved for this next year and maybe some significant ah, ahm, improvements on those policies.”

Vice President Bill Kinsella: “How much impact did the Grand Jury report have?”

Michelle: “Quite a bit”.

VP Kinsella: “Significant?”

Michelle: “Significant (inaudible) for us absolutely.”

A comment was also made by Ms. Gatewood we would have still been “hit” on the other items (below) , despite the Grand Jury Report.

Michelle: “Ah, no, I spoke with Bill and I tried to get a hold of the previous director ahm, that had resigned, but she did not respond at all to me, at all, so.”

Michelle felt the Grand Jury report just meant that there were other people looking at us in terms of making recommendations that needed to be in place for us to be successful.

There were 5 important points the auditors wanted to make clear and needed addressing:

1) Updating policies and procedures

2) Job descriptions for specific employees need to be clarified

3) Unapproved Board Minutes should be approved [Issue of verbatim transcriptions]

4) Waste Water Treatment Plant Under Billing [$45,000]

5) Hierarchical structure of the organization [Currently the GM is responsible for everything, but if so, the Finance Person is not responsible for employees and therefore that position may not be an exempt (salaried) unless it falls under the category of administrative exempt (supervisory positions) otherwise the position is technically hourly.]

Significant Deficiencies:

1) Lack of Performance Reviews of employees

2) Recommendation that a director assume the role of Treasurer because the Financial Administrator should not hold both positions.

Director Emery Ross then made a comment about this recommendation: “61050 A, ah, General Manager could be Treasurer, ah Board…”

Michelle: “As long as it’s not the Finance person”

Emery Ross: “…a board member can’t be”.

Michelle: “Is that right?”

Emery Ross: “Yeah, you look at 61050 A, B, C, D, E, F of the Government Code and it will tell you very clearly that a board member cannot be the Treasurer”,

Michelle: “OK”

Emery Ross: “but….”

Michelle: “but”

Emery Ross: “… in the past way back in 92 he was, they did that one page that says Treasurer’s Report he use to read, that’s all he did.”

Michelle: “OK”

Ross: “Ah, an, an, but under the, and, (inaudible) nah, in 2005 the Community Service District Code changed and then this new thing is in here, so Dan could be the Treasurer, which basically would be reading the report I guess.”

[NOTE: I have found it extremely illuminating to double check code sections that Director Ross offers in meetings, and once again, I do not believe his interpretation of this section is supported by the language of the code. Does the below code “very clearly” state a board member cannot be Treasurer? What do you think? Why would professional auditors suggest such a thing if it is not a viable option?

Government Code 61050.

(a) The board of directors shall appoint a general manager.

(b) The county treasurer of the principal county shall serve as

the treasurer of the district. If the board of directors designates

an alternative depositary pursuant to Section 61053, the board of

directors shall appoint a district treasurer who shall serve in place

of the county treasurer.

(c) The board of directors may appoint the same person to be the

general manager and the district treasurer.

(d) The general manager and the district treasurer, if any, shall

serve at the pleasure of the board of directors.

(e) The board of directors shall set the compensation, if any, for

the general manager and the district treasurer, if any.

(f) The board of directors may require the general manager to be

bonded. The board of directors shall require the district treasurer,

if any, to be bonded. The district shall pay the cost of the bonds.

Since Director Ross has repeatedly done this (stating incorrect code sections and/or misinterpreting them) I must seriously question: does he actually read the material he offers in support of his arguments? Although it is entirely possible there are other regulations which would support this unequivocal statement, Director Ross when interrupting a presentation by the Auditor and making such a bold corrective statement,  should at the very least confirm that his stated information is correct.]

Director Emery Ross: “But anyway, going back to this (laughter from previous comments) recommendation and that would not be factually correct because you cannot do that.”

The auditor agreed the recommendation could be changed based on the information provided by Director Ross since the report was only a draft. Michelle advised there was a lack of segregation of duties regarding financial matters and the Financial Administrator should not also be the Treasurer for the Board. Essentially a check and balance process with another person involved as Treasurer.

Director Victor Afanasiev questioned whether the report would go to other State Government Agencies to which Charise Reeves replied it would be sent to the State Controller’s Office and to the people that do our loans, and the county.

Director Ross also asked questions regarding pages 16-19 and PERS (Public Employees’ Retirement System) and the district’s contribution but disagreed and argued with the provided answers. He also questioned who the retired employees were and stated the information was factually incorrect.

Ross stated that on page 20/23 (audit report page number and Board packet page number) it said:

“Full time employees are eligible for PERS, [NOTE: actually stated “All District full-time employees participate in the California Public Employees’ Retirement System (CALPERS)”] we’ve got, the board directed the staff to have, have all part-timers get no benefits or retirement or anything and some of them are working 32 hours or more and getting benefits, and that’s under this section of PERS in here.….”. It was explained to Director Ross that PERS policy required such participation. Charise advised to avoid that contribution the part time employees could only work 19 hours a week.

Interim General Manager Dan Tynan stated he believed having only two licensed operators in this big of a district was putting the district at risk. He advised CSD was legally way behind in flushing fire hydrants which should be done once a year but many haven’t been flushed in years.

Michelle Gallagher advised she would make some of the revisions and answer the questions from Director Ross and submit the report to the board for final approval prior until publishing.

Wes Barton furnished some information to the auditor and board regarding his perspective regarding CSD’s financial situation. Wes stated the comments regarding CSD’s failures as noted in the material weaknesses were devastating and did not believe the district had ever received that before in several years. Wes felt discussions about job descriptions and policies pointed out some major discriminatory issues between employee positions. He said many issues need to be addressed before the job descriptions can be accepted for policy. He spoke of the necessity of the board having a common view and purpose of how to run the CSD before job descriptions and processes could be formulated. He felt the current procedure was working backwards and the job descriptions and policies were going to be discriminatory. Barton stated that considering the suggestion that the auditing company might drop our business it was imperative to have focus. He felt mediation was not going to resolve the underlying problems. He referenced TUD’s (Tuolumne Utility District) recent abandonment of their rate increase due to the public uproar yet LDPCSD has a higher rate for comparable water. He reiterated a number of points and suggestions he made back in 2008 that were rejected then and are still being ignored.

<Meeting Break>

Reconvene meeting: 1124hrs, going into Closed Session for Conference with Legal Counsel regarding Existing Litigation Government Code Section 54956.9(a): Kent/Topie v. LDPCSD (2 cases)

Close open portion of meeting.

Reconvene Open Portion of meeting at 1137hrs. Report out of Closed Session: Vice President Bill Kinsella stated the Board had taken no action on the matter. Wes Barton questioned, and confirmed, each of the two cases actually contain two lawsuits and the Board took no action on any of them.

AGENDA ITEM B: JOB DESCRIPTIONS AND SALARY PLAN – Review and approve policies regarding job descriptions; prior policy numbers were 2300 – 2410 replaced by new policy numbers 2300 – 2440. Review and approve retroactive salary plan for 2012 fiscal year.

Director Ross questioned what the salary plan represented in an increase compared to today.

Charise Reeves: “These are ah approximately 2% over for our full time employees in the plant and myself, this is less, this is exactly what was in the budget, we had used these numbers when the budget was presented in August and it’s about a 2% increase for the three employees and then the one that got the promotion it’s about 12%, because that caught her up to where it, it basically evened things out to what has occurred.”

Director Ross discussed the over lapping duties of Board Secretary, Treasurer and Financial Administrator and how the job descriptions would be established further stating he felt they should be separate positions. Director Mark Skoien mentioned earlier discussions about previous salary plans and tables compared to now. Reeves advised the salary plan would be retroactive to August when the budget was approved and the numbers have not changed from what was included in that August budget. IGM Tynan expressed his concerns that running a water district this large with only two licensed operators in the field was risky. Mark Skoien stated he had much experience with such operations and our CSD was not over-staffed. Tynan advised one of the licensed operators had been out for two weeks and it placed a considerable amount of stress on the remaining employees. Currently the part time employees contribute 7% and the District 8.6% to PERS which works out to about $50 a paycheck which was included in the budget.

Director Lew Richardson stated while looking over the proposed salary plan he researched some other material and found we had Policy 2020 where it outlines that such a process should contain prevailing rates for comparable work and other similar public and private employment in the immediate or similar geographic area, internal pay differences between different job classes, the current change in the cost of living and the district financial condition, funding sources and financial policies, and other such information the plant operations manager and office manager deem necessary. He felt looking at the furnished information with charts A, B, C and all that, without this other information one could not see where the increase occurs, just that all steps were going forward which was fine and dandy, but where does that person pick up in that step? He thought if there was some background information of other organizations that are comparable to our size, staffing, and the like it should be included and would make it far easier to see what the actual financial cost is while sticking with current policy.

Director Mark Skoien requested Richardson re-read the policy.

Director Richardson: “This is a Policy, titled Preparation of a Salary Plan, Policy number 2020.10: The plant operation manager and the office manager shall prepare a salary plan covering all job classes under their supervision at the Lake Don Pedro Community Services District. The plan shall depict minimum, intermediate and maximum rates of pay for each job class.”

Charise Reeves: “Which it does”

Director Richardson: “Yeah, 2020.11 the plan shall contain job descriptions, grade number and classification, which it also does. 2020.20, in establishing salary ranges and arriving at specific rates of pay the plant operation manager and office manager shall consider 2020.21, prevailing rates of pay for comparable work and other similar public and private employment in the immediate or similar geographic area and 2020.22 appropriate internal pay differences between the district job classes. So, then, that would then, by looking at something like that we would have something to compare to….”

Director Skoien: “But there’s something after that too right?”

Director Richardson: “Ah, current changes in cost of living, the district’s financial condition –“

Director Skoien: “The district’s financial condition”

Director Richardson: “Right, which is a big thing – do we have the money to-“

Director Skoien: “Yeah, what can it over-ride because of our condition, it sounds like it could over-ride any of that—“

Charise Reeves advised there was officially one increase in three years.

Richardson acknowledged he understood that the salary plan started with a Step One but questioned how that first step was established based on what was paid several years ago. Charise Reeves advised if we go back to the 2008 Resolution that had the last salary tables, she had taken those and added a CPI, this is less than that CPI would have been from the 2008 ones that were there.

Director Skoien commented on the past Prop 218 controversy and how questions were asked if the money was going to be used for salaries. Charise confirmed only the first year of the Prop 218 5 year plan officially on paper promised no salary increases but the 5 year plan included increases for each year.

Wes Barton stated he believed CSD employees for the most part have done better than the economy but felt there should be four full time employees capable of running the plant which would eliminate the part time. Barton said if we look at our costs we’d find labor and benefits is 48% of our revenue and the next big number is 18% depreciation and the rest of the numbers were much smaller. He stated labor was not the problem but the retirement benefits were approximately $171,000 by itself. Barton also commented that availability fees have not been increased since 1994 or 1995. Those two items were the most important, retirement benefit costs and insufficient availability fees.

Reeves advised the salary increases for the three employees were minimal, right at 50 cents/hour and less than what was included in the Prop 218 and less than the cost of living increase from the previous tables. The vacant full time position in the office was not filled and part time help was utilized for that in order to provide two part time employees in the field.

Motion by Ross to revisit the matter in a Special Meeting with the information Director Richardson requested regarding previous 5 year salary increases and Policy 2020, the Treasurer issue with clarification as to whom Charise Reeves actually reports. Second by Mark Skoien.

Wes Barton confirmed that everything was essentially being postponed to the future and seemed particularly concerned with the job descriptions.

Board vote was unanimous.

The Special Meeting was then adjourned with the Regular Meeting to start in approximately 20 minutes.

*X*X*X*

14 HOURS – 15 MINUTES AND COUNTING BEFORE THE NEW YEAR

Wishing you all a SAFE and HAPPY NEW YEAR!

My best to you and yours, Lew

Certain areas around my property were years ago chosen by my [then] puppy for her normal bodily functions so I am cognizant of where cautious walking is prudent. The normal routine calls for immediate yard work if new areas have been utilized for this function because it signals over-capacity of the traditional “poop field”. Dog sitting for someone else obviously changes the normal procedure since any place is subject to such contributions because the new animal is unaware of our normal “business areas”.

NOT A BAD DOG AT ALL

There should be no expectation that an animal placed in a new environment would instinctively know that the corner over by the big Oaks is the accepted repository for “number two” donations or that rock cleared trails were not specifically created for that purpose or convenience. Given sufficient time such information will be learned through repetition along with corrective action for any of the more egregious violations and fortunately, in this situation, no “in house accidents” have occurred as of this posting.

NOT A SERIOUS PROBLEM

Only once thus far have I been required to scrape and hose off the soles of my boots due to accidently “Stepping in it” and that clean-up was only necessitated because I was headed into the house and did not want to track up the floors with the obnoxious material. Had I been continuing work outdoors I would have probably just allowed it to naturally wear off during the course of my travels around the property with a quick check to confirm its absence before entering the house.

NO DOG OATH

Seriously, it’s not like a canine has the ability to take a solemn oath to not “doo doo” in certain places around the property before being admitted to the premises. They cannot “raise a paw” and repeat after me……”I, [bark your name], do solemnly swear or affirm that I will not relieve myself near the garage door, deck steps, around motor vehicles, …..” We take them as we find them and begin what will usually, and hopefully, be a long term relationship of mutual love and companionship.

TELEVISION PAIN IN THE NECK

When it’s time to get some rest but my head is full of thoughts and musings of the day’s activities, I often drift off to sleep with some program on the television. The television shut off timer is a fantastic option to prevent awakening to loud commercials at 0300hrs in the morning. The two biggest problems for me with this particular method of sleep induction: 1) waking up in the morning with a sore neck from too many pillows under my head, and 2), leaving my eye glasses on. I’m not sure, but I think this last pair of glasses has passed the previous record for not incurring scratches or nicks on the lenses.

CLICK-CLACK

Wednesday morning at approximately 0350 hrs, I pulled on the covers while rolling over in bed and vaguely recalled hearing something hit the floor. I knew it wasn’t the television remote control because I’ve heard that fairly loud noise many times. I was drifting back to sleep when three thoughts almost simultaneously woke me up: 1) the noise was likely my eye glasses hitting the floor, 2) the visiting dog sleeps on the floor on that side of the bed, and 3) she has a propensity for chewing!

GOOD MORNING GIRLS

Got up, turned on a light and started searching for the glasses which naturally signaled my sleeping canine roommates that it was time to start a new day. Searching for glasses without your glasses is an interesting dilemma in itself but when combined with the time limitation caused by two dogs dancing around because they need to go outside for their morning ritual made a quick successful search imperative. Found the glasses, got the dogs outside without incident but the commotion summoned the cat to the back door and she was now impatiently meowing for an early breakfast. Needless to say, after all this going back to sleep was not an option so the day started early.

AS IF I CHEWED THEM MYSELF

Had I ignored the sound of something hitting the floor; didn’t appreciate the probability that my glasses had fallen; failed to remember there was a “chewing machine” in the immediate area; and simply drifted back to sleep, whose fault would it have been if the glasses were indeed chewed up and/or destroyed?

The facts of the situation, clues to what had happened, reasoning, probability analysis, along with a personal commitment to protecting fairly expensive eye glasses from damage, all played a role in starting the day early.

SO WHAT?

Why bother to take the time to mention this stupid little “doggie story”?

Answer: Because it simply illustrates how a foreseeable negative outcome can be avoided by preemptively taking action based on known facts.

What does it have to do with Lake Don Pedro?

Answer: The far majority of LDPCSD customers essentially have no idea what is happening within a public agency they financially support which severely limits the probability of being able to detect and avoid foreseeable negative outcomes.

COMMUNICATION

One of the water publications I read regularly mentioned some time ago that the worst possible thing a water agency could do would be to only contact their customers when raising their rates – yet this is exactly what the LDPCSD has done, and will likely continue to do, without re-establishing “THE PIPELINE” publication. Think about that for a moment. Shouldn’t a ratepayer at least have the opportunity to be informed as to how their money is being spent and why?

The ONLY REASON customers are notified now about rate increases is because such notification and opportunity to respond is REQUIRED BY LAW. Sure, there are laws requiring factual reporting of public business, which is generally provided at mandatory board meetings, but if the customer never receives the information what good is the reporting process …. I mean other than dotting the “I’s” and crossing the “T’s” of government regulations?

WATER LICENSE SERVICE AREA

The permitted service area under our water license is the Lake Don Pedro subdivision and golf course.

The subdivision is governed by the Lake Don Pedro Owners’ Association. The LDPOA is required to furnish members with their mandatory corporation disclosures so the DISCOVERER is sent to members all over the country. Out of area owners of unimproved subdivision property pay “water availability fees” with their property taxes and therefore financially contribute to the district. Doesn’t it make sense that the LDPOA DISCOVERER would be the perfect vehicle for the Lake Don Pedro Community Services District to furnish district information to its scattered customers as well?

During a time when both private and public entities are looking to save money and be more efficient, doesn’t dual use of an existing publication sound reasonable?

Since two Directors on the LDPOA Board routinely attend LDPCSD Board meetings wouldn’t they be excellent candidates for assisting in putting such a dual use program together? The LDPCSD could create a minimal publication that could be inserted into the DISCOVERER and reach 99+% of their customer base at the same time the LDPOA is contacting their property owners with their mandatory corporation disclosures. Why is this concept resisted?

DOES THIS WEBSITE DO ANY GOOD AT ALL?

I have asked myself that question for years (usually when disgusted or frustrated with what goes on here) but received another unambiguous affirmative answer during the Public Comment portion of Monday’s Board Meeting [December 19^th, 2011]. A citizen of Mariposa County, whose name and property ownership had been linked to some serious questions regarding multiple water meter installations on an adjacent single property, happened across postings on this website which contained her name. This “meter matter” was initially presented by two CSD directors last January (a third former director also supplied a partial map of the questioned area) who asserted that a woman by the name of Donna Morasci-Martin owed money to another land owner for a pipe extension yet had refused to pay the debt for almost two decades. Those assertions, along with some others, were unequivocally contradicted by Ms. Morasci herself.

Although factually reporting on what others had to say about this matter (supported with audio tapes of those meetings), I would never-the-less like to offer a public apology to Donna Morasci-Martin for posting that incorrect information along with any theorizing on my part. [How our CSD actually became involved in this matter also appears to have been largely based on that same incorrect information presented to a past board some twenty years ago.] I have had a number of questions regarding this matter since the beginning and the information Ms. Morasci furnished last Monday provided important missing pieces to this confusing puzzle. Her words of “fraud” and “cover-up” appear warranted.

AFTER THE HOLIDAYS

I will follow up on this story after the holidays because there is much information to go through and organize (including four audio cassette tapes of meetings on December 19^th), but for now, suffice it to say it is absolutely shameful how information was intentionally misrepresented and another person’s name and reputation was sacrificed in the process. Differing opinions and/or perspectives are desirable and useful in any decision making process but intentional fabrication of the truth should never be permitted, especially in the public sector.

When a public official “steps in it” through misrepresentation of the truth, they track up not only their own personal floor of integrity, but more importantly, the base reputation of the public agency they supposedly serve.

Merry Christmas and a Happy New Year

My best to you and yours, Lew

Just wanted to take a couple of minutes to say “hey” and take a break from reading the LDPCSD Board Packet  in preparation for Monday’s meetings.   [177 page 10am Special Meeting along with some other Closed Session material and 126 pages for the 10am Regular Meeting.]

THE TREES HAVE EYES – BUT THEY’RE USUALLY CLOSED IN THE DAY

During a reading break I was walking around with the dogs when I spied one of my “regular Owls” quietly sleeping and digesting his night’s work.  [Never ceases to amaze me how many mice, voles, gophers, etc. these Owls snag.]

HIS DISTANT RELATIVE DOESN’T HUNT

My 30+ year old Mitred Conure “Zack” seems to have stablized on his journey from whatever happened to him (likely some kind of a stroke) to his normal cranky deameanor.  He still cannot fly and is much slower when getting around (who isn’t?), but seems to have regained much of his strength since his bite has returned to quite a painful “pinch” just shy of breaking the skin.  His appetite seems more than adequate but he continues to sleep more and more every day frequently caught in a mid-afternoon nap with his bill hung on the mirror for balancing support on the perch (below).

SLEEPING ZACK

Surprising that this is the same parrot I found in the avairy on this back with legs straight up in the air over a year ago.

Yup, poor old Zack has adjusted to indoor life again and despite his life changing episode, still has plenty of attitude.   Here (above photo) he is apparently asking for some “finger food”.  lol

My best to you and yours, Lew

CYBER GRINCH

A few months ago I received a very high water bill that ultimately caused me to take a serious look at my aging water system. Occasionally I will forget to turn off one of a number of irrigation valves and understand a slightly higher consumption use for the next billing period but looking back through past bills for the same months in previous years revealed a regular consumption increase that I could not explain. Ahhhh, the quest begins.

HIGHEST BILL EVER

A neighbor was kind enough to stop by and advise he noticed some of my sprinklers had been running for quite a while and water was trickling down the roadway easement ditch. Naturally, that particular line of sprinklers were fairly isolated, rarely used, and the normal water line pressure had not been reduced for drip line/emitter irrigation. (Leaving “drip lines” on by accident will only create a slight increase.) I could not have intentionally chosen the worst possible valve to have left open. Duh!

After thanking my neighbor and running over to the valve I almost immediately remembered turning it on the past weekend just as some guests were arriving and in the commotion of greeting them failed to turn off the valve. Two and a half days those ^%$#*!+ high pressure sprinklers were on. I had already routed normal run off to the benefit of planted trees but as I followed this “metered creek” downhill the fact that most of the excess water was only nourishing weeds I would eventually have to cut next Spring was quite obvious. The waste of water was disappointing. That was the highest water bill ever received in over 20 years and was the catalyst for the above cartoon. Live and learn.

BRIGHT YELLOW CARD

Yup, this is something you certainly don’t want to find in your mailbox, but it sure is a wakeup call. This was the second time I recalled receiving an LDPCSD “COURTESY CARD” and for those of you fortunate enough to be unfamiliar with the notice, here’s the message:

“As a courtesy, we are sending you notice that an increase in water usage was noted during meter reading. Your meter was read on ____________, indicating water consumption of ___________ units compared with ______ units last month.

If you are aware of increased irrigation or other usage, disregard this notice.

If not, please investigate for possible water leaks or other malfunctions. If you find a problem please repair it or contact a plumber for the required repairs.

If you require further assistance, please contact our office at (209) 852-2331 Monday – Friday 7:30am to 4:00pm.

Thank you, Customer service”

STARTED TRACKING USE

I was curious about the discovered underlying increase of water consumption so I started documenting the days, time and meter readings before and after irrigating. Fortunately, when I initially started plumbing the property 20 years ago (and had the strength to dig all those trenches in this rocky soil) I installed two primary supply valves for irrigation; one west and downhill, the other east and downhill. Below these main valves are some secondary shut off valves along with several “Drip Line valves” which provide water to certain irrigating areas.

Through a process of elimination (closing secondary valves from downhill to uphill) I found even though ALL VALVES WERE CLOSED BELOW THE TWO PRIMARY SUPPLY VALVES – IF THE PRIMARIES WERE OPEN WATER WAS STILL VERY SLOWLY PASSING THROUGH THE METER – every second, minute, hour, day and week of the month! I have only temporarily solved the problem by keeping the primary supply valves shut for the winter and will eventually have to locate from where the water is escaping, but for now the waste has ceased. I know of one “in-ground” secondary valve that leaks and do not look forward to digging it up next year for replacement since I’ve already tried repacking the seal which obviously didn’t work.

DIFFERENT METERS OUT THERE

Currently the LDPCSD is replacing older meters (which are likely under-reporting actual water consumption) with newer models with drive-by electronic reading capabilities in addition to other desirable features. When my old meter stopped working years ago I received one of these new meters and must admit to noticing an immediate increase in my consumption rate which leads me to believe older meters do indeed start to under-read after time. [Documentation of this fact has been contained in previous Board Packets.] Many customers do not want a new meter and I can empathize with their concern but, in all fairness, they are likely under paying for what they actually use which is unfair to those that do. The loss of revenue by several hundred under-reading meters decreases the CSD’s revenue and over time could represent a significant loss, besides, we have the meters and they are useless unless working.

LEAK INDICATORS

Due to the differences in models currently used in our water system it is impossible to determine what type of meter a customer is using and therefore what type of “leak indicator” is incorporated in that model. The first photograph is of an older model and I assume that “sprocket wheel” probably turned with the passage of water. The second photograph depicts one of the newer AMR (Automatic Meter Reading) meters currently being installed and that small white triangle in the center will turn when water passes through the meter. [I believe my old meter had a red triangle.] Naturally the long red needle will spin around the numbered dial with water consumption and the total amount is recorded on the digital counter. The faster the water rushes through the meter – the faster the triangle and dial will spin racking up a higher number of units used.

The LDPCSD measures water usage in CCF units (Centum Cubic Feet or 100 cubic feet) [1 cubic foot of water = 7.48 gallons, therefore, 100 cubic feet = 748 gallons or 1 CCF ]

I was talking with Randy Gilgo the other day and he relayed how some customers couldn’t believe their leak indicator was turning very slowly until me made an ink mark on the meter glass cover. After talking with the customer for a while the movement was obvious.

SOURCE OF LEAK OFTEN SURPRISING

Some friends of mine recently commented they too had received a yellow “Courtesy Card” and could not understand how in light of there being no changes to their normal water use. Having already experienced my own leak investigation, we started with the “leak indicator” on the meter. Yes, it was turning. We shut off the supply valve to the residence to rule out any leaks in or around the house (hose bibs) but the indicator was still turning. We confirmed all irrigation valves were off and not leaking, but the triangle still turned. Then the serious inspection started – looking for any indication of dampness around pipes and valves. [This is why I brought up this subject now because soon it will be the rainy season and locating such “wet spots” will be impossible.]

Sure enough – after digging around some above ground pipes water saturated ground was revealed. The excavated hole quickly filled with water. We shut off the main water supply line at the meter box and emptied the hole of water and cleaned around the pipes and fittings. While one person turned the water back on at the meter box another watched the pipes in the hole for signs of leakage. Sure enough water was now spraying with the dirt removed. SHUT OFF THE WATER! lol

Now in this particular case the news was very good because there was no damaged pipe or broken fittings but rather, the connection was coming apart due to the water pressure in the pipe. Evidently, decades ago when the pipe lines were installed, a single coupling had been assembled in a manifold (numerous pipes and valves connected together in one area) with only the purple primer pre-treatment being applied and no pipe cement for a permanent connection. I’ve observed this very situation happen a couple of times but the “pressure test” revealed the problem prior to filling the trenches and burying the mistake underground and out of sight. [Of course, maybe the primer held for the test before filling?]

EASY TO DO

Laying out a complicated manifold can get confusing with the two chemical applications (primer and cement) to every connection in addition to the hurried time required to correctly assemble the manifold as the cement sets up – one component fitting can easily be overlooked. [There are now one application glues/cements.] Yup, sure was good news. We simply cleaned the two fittings and cemented them back together and thus far the leak indicator remains still. [Don’t forget to flush the line by opening a water faucet to expel sand, gravel or excess glue when the water is turned back on.]

RUNNING OUT OF TIME

The above leak would have been very difficult to locate and repair if the surrounding ground was already wet from rain. A leak that cannot be stopped without shutting off the supply to the house will continue without intervention and could get much worse. Unless you are prepared to go outside and turn on the meter valve every time you want to flush a toilet, take a shower, brush your teeth, wash the dog, etc., and then turn it off again, that leak is going to waste water and cost you more money.

My best to you and yours, Lew