PARTIAL TRANSCRIPT OF THE  

REGULAR MEETING OF THE BOARD OF DIRECTORS

 

Prepared by Lew Richardson from analog and digital recordings.

My best to you and yours, Lew

 

XXXXXXXXXXXXXX

 

Vice President Bill Kinsella:  Good afternoon welcome to the September 10^th … 19^th …. September 19^th 2011 business meeting of the Lake Don Pedro Community Services District.  WE have director Ross, Director Skoien, Director Richardson and me present, that makes a quorum.  We have Charise Reeves the Secretary and Dan Tynan our Interim General Manager and we have the CSD attorney Ray Carlson present.

Director Keefe resigned from the board, her resignation was accepted and we wish her well.  It would be inappropriate at this time for me or anybody else on the board to comment on her resignation.  I encourage the CSD rais-ratepayers to express their concerns about business items not on the agenda.  Personal attacks on any director or district employee is discouraged.  If a speaker does attack any director or employee they will be warned to cease, if the speaker insists on continuing the attack I will recess the meeting 15 minutes, upon reconvening the meeting the speaker will still have the opportunity to speak, but if they continue the attack on the, if they continue their attack I will adjourn the meeting for 48 hours and reconvene the meeting at a time and place consistent with the Brown Act.  I would prefer that we not have to go that way. 

Director Emery Ross: No Pledge of Allegiance today?

Vice President Kinsella:  I’m going to do that right now.  Ruth will you lead us in the Pledge of Allegiance?

Ruth:  Yes

[Audience, staff, and Board recite]   I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one Nation under God, indivisible, with liberty, and justice for all.

Vice President Kinsella:  Thank you.  The floor is open for Public Comment.  [None]  I have some information that I just recently received that Wes Snyder had a stroke and is in the hospital.  I cannot tell you what hospital because I don’t know.

Director Ross:  Merced

Vice President Kinsella:  Where?

Director Ross:  Merced

Vice President Kinsella:  OK, there’s a man more in tune with what’s going on

Director Ross:  Last Thursday

Vice President Kinsella:  Say again?

Director Ross:  Last Thursday.

VP Kinsella:  OK, do we have any people from the audience that would like to make a comment? 

Coralane Porter:  I just want to, I’m Coralane Porter, and I just want to make a comment when Wes’s name comes up on the agenda, that I was just going to speak for him, since he couldn’t be here, just a small little thing about..

VP Kinsella:  You would like to speak for him?

Coralane Porter:  Yea, because he can’t be here

VP Kinsella:  No problem, no problem

Coralane Porter: So I mean that’s further in the in the meeting

VP Kinsella:  Yea sure,

Coralane Porter:  of course

VP Kinsella:  IF we have no comment from the floor, from the floor we’ll continue on with the meeting.  There is no Vice President’s Report because I didn’t make one.  Interim General Manager’s Report, Dan?

Interim General Manager Dan Tynan: OK, as you see, what I wrote was ah, we’ve been unable to do pipe bursting this month, we had to just do the repair bands we were trying to replace the entire lines.  Dave and Justine ah, were getting behind on leaks because it’s that time of the year, so they went back to putting repair bands on them until the Fall when we can start replacing the lines.  Ahum, we weren’t about to flush any hydrants this month, this last month due to the high consumption of water use, so we’re back on that this month painting and flushing the hydrants.  Our water loss this month was pretty substantial because our transducers that give a signal to our SCADA system they failed, it failed.  So our SCADA system was saying it (inaudible) 17 feet when the tank was at 32 feet and over flowing and we had no way of knowing this.  SO we had to change two of the transducers at Sturtevent and Lazo so now they’re up and running again we can read our SCADA and trust it and we’re good to go.  I met with ah, Olin there our chemical chlorine bleach they came out and gave us some really good suggestions of how we could be safer for the employees and what steps we can take and I followed the steps that he had suggested and as I was doing that I noticed a (inaudible) a bottle that we flush our eyes with and it had expired in 1998.  So we replaced that bottle, so, and ah that’s pretty much it. 

VP Kinsella:  Any questions from the floor?  Any questions at all? 

Director Lew Richardson:  I have one

VP Kinsella:  Lew

Director Richardson:  Hey ah Dan I noticed on page 1 of the report there’s no usage outside filed MID Place of Use.

IGM Tynan:  I apologize, I missed that, I’m sorry.

Director Richardson:  No, no It’s alright I was just curious because ahm looking at the other sheet it looks like there was like one thousand five hundred and fifty-seven  point seven ah units used.

IGM Tynan:  Yes that’s true

Director Richardson:  And also there were ah there’s no meters with no consumption this month shown which probably really matter because in the last nine months we’ve averaged 1408 anyway and we’re 1409 now, but I was just curious why those weren’t there.

IGM Tynan:  Yea I’m sorry, I forgot to put those on my report.

Director Mark Skoien:  Ahh, when you mentioned this, talking about the eye wash station?

IGM Tynan:  Yes

Director Skoien: Did, brought up a, member when we were looking at the septic, when you called me over when what’s his name brought the camera?

IGM Tynan:  Yeah

Director Skoien:  And we were searching down that water that was coming in there?

IGM Tynan:  Exactly

Director Skoien:  And we went to the eye wash station and it was plumbed with raw water

IGM Tynan:  Raw water, yes

Director Skoien:  Did you ever change that?

IGM Tynan:  No we’re going to have to change that

Director Skoien:  It’s never been changed?

IGM Tynan:  It hasn’t bee changed yet, it’s a huge project, but we’re going to have to change that, we

Director Skoien:  That’s what I was asking about because I remember trying to do that right away and that’s

IGM TYNAN:  The guys know not to use that right now, we have the eye wash bottle, but we do have to get that replaced, they know it’s raw (inaudible)

Director Skoien:  Remember we closed everything off and it was raw water (inaudible) eye wash

IGM Tynan:  Why it was plumbed like that there’s no reason

Director Skoien:  That needs to be fixed

IGM Tynan:  Yeah, we’ll get that fixed

VP Kinsella:  Any other questions?

IGM Tynan: I just

VP Kinsella:  Yeah?

IGM Tynan: had a comment, ah let me see what page it is on, it’s just a little correction I need to make, on page 14 it says treatment chemicals, however staff does not, is not sure why chemical usage did not increase due to increase in the water treated, we do know why that happens, it’s called water lake turnover.  When the lake turns over, it changes our Jar Test, we have to do a Jar Test and it demands more chemicals because there’s more organics in the water.  So I just wanted to make a correction on that.

Director Ross:  Dan, are you sure it’s 14 cuz that’s the Treasurer’s Report (inaudible)

IGM Tynan:  Yes  (background voice)

Board Secretary Charise Reeves: Disclosure on the chemical account

IGM Tynan:  Yeah, we do know why (multiple voices) it does that, the lake turns over

Director Skoien: Yeah, I had a note about that too, but doesn’t that make you use more?

IGM Tynan:  More chemicals yes because you have more organics in the water

Director Skoien:  But you wrote up you didn’t understand why

Secretary Reeves:  No, I wrote, I wrote that up because Dan was (multiple voices) when I was doing this he wasn’t in to ask and the packets were going out, so I wasn’t sure why July had more chemical use compared to August when we pumped a lot more water in August than July.  Got it backwards.

IGM Tynan:  In July the lake turns over, August and July, which ate up more chemicals.

Director Skoien:  Yeah but it says usage did not increase

IGM Tynan:  For August right?

Secretary Reeves:  Chemical usage I would have, I would have expected from a financial perspective that if we pumped more water in August that our chemicals would have been higher in August.

Director Skoien:  Right, that’s why I had the question mark here

Secretary Reeves:  And he’s saying that because they needed to use more chemicals in July because the lake turned over, that (multiple voices )

Director Skoien: ..the amount in August was normal

IGM Tynan:  Yeah, yeah that’s why it went down because in July when it turns over, when a lake turns over from hot water to cold water it has more organics and it eats up more of the poly, polymer.

Director Ross:  You sure, what what number is this like O&1 1 5 what what number are we talking…?

Director Skoien:   521, the last three numbers, like the seventh one down or something, one, two, three, VP Kinsella: water treatment chemicals

Director Ross:  I see

Director Skoien:  Eighth one down

Director Ross:  I got it, thank you

Secretary Reeves:  It’s my job from a financial perspective to identify any things that look odd financially.

VP Kinsella:  Any other questions?  OK.  Intake presentation, are you going to do that Dan?

IGM Tynan:  I haven’t in the past but I can.

VP Kinsella:  Say again?

IGM Tynan:  I , I can yeah.  Oh I’m sorry, Randy should be here, I told him we would be here about quarter after, let me run and get Randy real quick.  We got through this a little faster than what I expected. 

VP Kinsella: Like going through a mine field (Tynan avoiding audience chairs while walking outside)

VP Kinsella:  OK this is Randy Gilgo he’s going to give the presentation on intake treatment, right?

Randy Gilgo:  The question being why intake, the float pump is not set up?

IGM Tynan:  Why we can’t work on it at this time

Randy Gilgo:  Because its underwater (laughter)

VP Kinsella:  This is proper, previous planning right?

Randy Gilgo:  (Drawing diagram on the dry erase board) (inaudible) look like this, up here is our intake, our pumping station, pipes going to the lake like so, the float pump      get down to here, 12 inch pipe to our filled in waters and no matter what level the lake is we just continue to add 20 foot sections of piping on the end of this pipe and continue to suck water

But right now the water level is up here and everything we need to work on is down here.

VP Kinsella:  Can I ask you to tell people where we’re getting the water from?

Randy Gilgo:  Where we’re getting it from?

VP Kinsella:  Yeah

Randy Gilgo:  Lake McClure

VP Kinsella:  You’re going to describe the intake presentation, where’s the water coming from and where does it go?

Randy Gilgo:  It’s coming from Lake McClure to the raw water storage tank back here

IGM Tynan:  You wanted to know where it’s pulling from?

VP Kinsella:  Well there are some people here who may not know

IGM Tynan:  Yeah, Randy can show that one real quick

Randy Gilgo:  If you were actually sitting on a boat looking at our intake system, you’ve got two pipes, well casings that come down like so, and they’re flanged at the bottom, and there’s a pump down in here, and a pump down in here, and again this being the shore line our building up here, these, this would be say pump 1, and pump 2, these also have connecting tubes all the way down to the bottom.  Pump 2, if you guys ever see the intake setup, has risers on them with baskets and valves, this is exactly what we can’t fix right now because we’re running off of this bottom basket that’s open, the rest of these are closed and not functional.  The bottom one is, and that’s what we’re pulling off of now until the lake gets back below the lowest point and we can get back to these connections and re-hook up these valves (inaudible)  right now water level being probably right about here, everything for about 120 feet or so is still under water.  So as far as intake repair and everything getting done for the CIP part of this, until nature takes its course and that lake gets empty again and we’re in a drought, we’re at a stand still.  Unless we go under water.

IGM Tynan:  Could you also explain how the electrical cord for the float pump, we can’t get to it, it’s under water also.

Randy Gilgo:  Now this being the intake set up, next to this we have a big giant flexible pipe that has its own pump over here and it’s connected here and right now its just dead, sitting there.  The electrical for this pump, to hook the whole pump up, snakes like this down this hill and is sitting down here, again under water.  It’s sitting down here somewhere probably a 150 feet under water and we can’t get to that until the lake levels are low enough also to launch our float pump and to hook this electrical up to it because, let’s say these are the shore lines of our lake and our intake setup is here, if we were trying to drag that electrical cord and the tubing for our float pump at a level where its at now it would stretch clear across the lake over here.  We’d have to shut down the lake, because we’d be right down the middle of the lake we’d have a big pipe going across.   Basically until the water gets low enough again or we’re in another drought situation, there’s nothing we can do unless we go under water.

IGM Tynan:  Thanks Randy.

VP Kinsella:  Questions?  Anybody have any questions?  Wes.

Wes Barton: Randy? 

Randy Gilgo: Yeah

Wes Barton: Ah a couple couple of questions.  The ah on the barges you have pumps, OK, Motor pumps, one I think is 150 one’s a

Randy Gilgo: One is a 75, that one (inaudible, multiple voices)

Wes Barton:  75 and 150 is it?

Randy Gilgo:  Right

Wes Barton: Yeah, OK.  Now do those even run, do we know if those run?

Randy Gilgo:  Yeah

Wes Barton:  The 75 we know will run.

Randy Gilgo:  They both run but the 75 we do not use.

West Barton:  OK so, that, so

Randy Gilgo:  the 75 doesn’t (multiple voices cross talk) have near enough power (inaudible, multiple voices, cross talk)

Wes Barton:  So the myth of it never being tested is baloney both of them run.

Randy Gilgo:  Correct

Wes Barton:  OK, ah, second question, on that flex pipe.  We cut that all apart a year or two ago and put it back into pieces

Randy Gilgo:  No, we cut one end of it off and ordered more pieces

Wes Barton:  OK, so, it isn’t just one big long pipe now

Randy Gilgo: No its still one big long pipe, what we did, what we did, was the pipe that was existing out there again,  staked down the hill like so, and as the water levels went down we just stretched that pipe out and straightened it, well, the way it hooks out here where our floating pumps are, there’s an attachment called Valtalic Clamp, well in order for us to get more length on this in case the lake level did get come to a river say, and we’ve lost capacity because we couldn’t reach any farther, what we did, is we cut this end off, clamped it, and we purchased extra sections of 20 foot sections, so now if the lake level gets even farther down and let’s say, where our pump station is sitting at now it was literally just a mud pit in the deepest part, you know we can continue to have 20 foot sections bolted together instead of just snaking the pipe down now we can actually add sections to it and get 20 feet, 40 feet, 60 feet or pipe if we need to to get farther down into- hopefully it doesn’t get that

Wes Barton:  I misunderstood I thought we actually cut the big too so that we could better handle it

Randy Gilgo:  All we did was cut the end of it off and I’m just to, just to

Wes Barton :  Are those pieces still there, because before water went up you could see them, (multiple voices)   Ah, one last question, ah, as the lead plant operator are you responsible for the intake?

Randy Gilgo:  I guess that would be up to the boss, I don’t know (multiple voices)

Wes Barton:  (multiple voices-cross talk) definitions (inaudible) duties are

IGM Tynan:  I wouldn’t think so, Randy is in charge of the plant and that’s something I’d be responsible for, with Randy’s help because he’s ops,  I’ve never even (inaudible)

Randy Gilgo:  I’m assuming it wouldn’t be directly my responsibly but me being (inaudible, cross talk, multiple voices)

Wes Barton:  I’m not questioning, I’m not questioning your capacity, (inaudible – from audience)

Randy Gilgo:  Well probably, like I said, I don’t think it’s exactly my responsibility but because I was here the longest and know more about all this than Dave does.

Wes Barton:  Not arguing with you…(laughing) (inaudible) to go home, thanks.

VP Kinsella:  Any other questions?

Director Skoien:  What, ah, when the water goes down to where you can hook up the pumps and if there’s, how much time do you have, say the pumps didn’t work and you needed to work on them, so, how much time do you have or I guess it would be feet of water, I mean, can you get there to see if they all work before they’re needed is what I’m getting at?

Randy Gilgo:  Yeah, the float pump is launched at, I believe, a lake level of 730, 720 somewhere around there and it’s not used until around 690-700 feet so

Director Skoien:  OK, and this elec

Randy Gilgo: …30 to 40 feet of leeway and (cross talk)

Director Skoien: so you have some time to work on it if it, you hooked it up and it didn’t work?

Randy Gilgo:  Right

Director Skoien:  So that electrical part of it is basically all you need to see if it works, you don’t need to hook up all the pipe?

Randy Gilgo:  We could just hook up electrical and it will blow right out of the side

Director Skoien:  Right, so, how feasible it is, is it to raise that electrical cord so you can when you had time and you wanted to float barge you could do it sooner, that’s , I know it’s probably not that simple, but.

Randy Gilgo:  Well the two biggest things is number one, its, its under who knows how many feet of water?

Director Skoien:  Right

Randy Gilgo:  On top of that who knows how many feet of silt, debris, and rock and everything else that’s underneath, so what we do is when the lake level gets low enough we go out there, find what ever we can of it and start pulling it out of the ground, digging it up and figure out where, you know, it could be 100 yards that way, it could be right underneath our feet,

Director Skoien:  Well that’s what I’m getting at, can, when you finally can get to it, could that be raised so, at another year we could get to it sooner

Randy Gilgo: Hard part about it being is like, it’s the weight of the wire, its probably a good hundred pounds for a five foot section, you’re talking something that’s 300 feet long, so it’s really kind of, we just depend on, well we can find the end

Director Skoien:  right

Randy Gilgo: You know what I mean, its trying to move

Director Skoien:  So it’s not that easy to change where the end is and then anchor it up higher so you could do something sooner ahead of time?

Randy Gilgo: Had we planned for this, and we would have known  OK the waters rising, you know, we abandoned all of our projects down there, had we known OK, just to button up the last little stuff we did there, when we got there we were in two feet of working area, by the end of that day we were working under water  that’s how quick the lake came up that day.

Director Skoien:  So right now you got about 40 feet of elevation when you can hook it up and before you need it?

Randy Gilgo:  Yeah, its launched at a certain lake elevation and it’s not used until

Director Skoien:  I’d like to see that higher, but if it’s a hazel

VP Kinsella:  Say again?

Director Skoien:  I said I’d like to see that higher so you can tell if the thing works, more ahead of time, you know, but I don’t know how easy that is to do.

Wes Barton:  Mark just brought up (inaudible from audience) ah did, I’m trying to remember back now, didn’t Binkley’s , ah, is this one of the things that Binkley was questioning on ahh, the timing of ah, purchasing any, some of the motors and pumps, because what they were saying is that whether its finicky and so consequently, it took a fair amount of time to be able to replace motors if they needed them

IGM Tynan:  Three months (multiple voices)

VP Kinsella:  Yeah she did but then the level rose in the water and she said it’s not a priority right now.

Wes Barton:  Ah OK, I thought the last letter they sent they were still suggesting that we get it and have it on hand (multiple voices, cross talk) better to get it and spend the money and use it for something (inaudible, cross talk)

IGM Tynan:  Well actually that came from also Brenda she answered that, she spoke with Elizabeth and Elizabeth pretty much agreed because we could buy that pump we could be without drought for five

years, mean while we have a pump that the warranty (cross talk)

Wes Barton: You’re all in agreement now?

IGM Tynan:  Yeah, we’re all in agreement.

VP Kinsella:  Any other questions for Randy or Dan?  I guess not, thanks Dan, Randy.

IGM Tynan: Thanks Randy

VP Kinsella:  TREASURER’S REPORT we’re talking, it’s starting on page 10

Secretary Reeves: Starting on page 10, ahm, to big things that I’ll just point out is that, one, we had our the auditors did come to the office for about three days and they were in the process of getting that report completed, and once it is we will put them on the agenda to come and present to the board.

VP Kinsella:  OK

Secretary Reeves:  Ah we ended, ended the month with just under $300,000 total, uhm, July and August are always our months when we go through a lot of cash because we pay out three of our five largest ah bills for the year.  So this month we paid out the MID payment and the Muni Loan payment and those alone are $28,000 and $59,000.  The good thing was that we did not have to take any money out of the LAIF account, we had enough money in the working capital account to pay all of the bills this month which is the first time that has happened in a very long time so we’re making progress and least with our cash flow.  AHm, those were the two main points I wanted to point out, are there any questions regarding anything in the Treasurer’s Report?

VP Kinsella:  Ok, go ahead

(Public):  Charise, how often are you billed from MID?

Secretary Reeves:  We are billed twice a year

(Public):  So you just now got the, that is the amount of money for…?

Secretary Reeves:  That was for January through June

(Public): OK, 59 or the other one?

Secretary Reeves:  No the 28

(Public):  OK, and that’s how much an acre foot?

Secretary Reeves:  That is,  it just went up, well, that was $133.85 I believe for January through June, it just adjusted, ah, with the index, and I want to say it went to $137.34 give or take, it wasn’t quite as big of a jump, we had ten dollar increases in the past and now we’re based on that ind, on the index.

(Public):  And when will those increases end this year?

Secretary Reeves:  I don’t believe there is a termination date on that, but I haven’t really studied that contract.

(Public):  Alright, thank you.

VP Kinsella:  Lew, you had a question?

Director Lew Richardson:  Just real quick, a couple of meetings ago we discussed this auditor coming and any potential ramifications of not having all our minutes approved..

Secretary Reeves:  Yes

Director Richardson:  Did we find out if that affects us one way or another?

Secretary Reeves:  It does, ahm, she said financially and operationally everything looked good, she had no adjustments for me to make, uhm, there were no errors that they pointed out.  The two things that are kind of on the radar that I expect to come back to us is the fact that the policies have not been completed, or that she’d seen any major progress towards those which is something they pointed out both last two years, and the unapproved minutes, uhm, definitely will have an impact and could potentially make a very negative audit because she has to disclose that.

Director Richardson:  And that goes to what the State Auditor?

Secretary Reeves:  That goes to the State Auditor to our loan holder’s uhm, as soon as it’s complete.

VP Kinsella:  Would that audit have any impact on our credit worthiness?

Secretary Reeves:  It could, definitely, plus we go forward you have to provide them with copies of the audits uhm I know in the past when I had questioned things, you know because I had been concerned if we had something major happen and we had to go for a loan, I’ve been told that because the board had been willing to do the increase and make the hard decisions that that would definitely be taken into consideration – that we were trying to move in the right direction.  Uhm, but obviously if you have a bad audit it could definitely have some impact.

VP Kinsella:  OK.  Any other questions from the floor?

(Public): I noticed a couple of ah checks made out to Sally Punte?

Secretary Reeves:  She did our notary services for the delinquent ah billings that went to the tax rolls.

(Public): Payment for service

Secretary Reeves:  Yes payment for services and you’ll also see this next month another one because she notarized both signatures on the McDonough/Clark contracts.

(Public): OK, no problem.

(Public):  Will she be the notary forever?

Secretary Reeves:  No, I mean

(Public): Are any of you in the office a notary?

Secretary Reeves:  Right now it’s not cost effective for us to go, either Syndie or myself to do, we actually, it’s cheaper for us to just have, pay somebody notarize a signature.

VP Kinsella:  Do you know what the cost is to get a notary?

Secretary Reeves:  It’s several hundred dollars, you know, we could go through the the schooling, you need the course that you need, supplies, and all of that, I don’t know exactly, I didn’t look into it fully but when I talked with Sally just in general about those costs it just, for something we only do for once a year.

VP Kinsella:  Go ahead

(Public):  When will the audit report be available for the public?

Secretary Reeves:  I don’t know yet, they have not given me a date, I’m guessing it’ll be, it will hopefully be next month, I’m hoping.

(Public): (Inaudible) It might be out before December?

Secretary Reeves:  Pardon me?

(Public): It might be out before December?

Secretary Reeves: Oh yeah, it will definitely be out before December.

(Public):  Thank you

Wes Barton:  I think you made a comment, I think was just an over sight, that ah, post employment insurance and the GSB..

Secretary Reeves:  Yes

Wes Barton:  45

Secretary Reeves:  That has noth

Wes Barton: that will be an adjustment

Secretary Reeves: That will be I, yeah, there have been no adjustments as of to date but there is the GASB45 postretirement benefit entry needs to be made.  I’ve been waiting for James Morda and Company did an actual valuation for us because last year we just used a tool that the auditors had provided and for $1,000 we were able to have a full evaluation done and to make it more accurate and it, the liability that we logged last year, what we, compared to last year we’ll be much lower for that.  We just got it back so that will be in your packet next month, I’ll put it on there, I have to make that entry and provide that to the auditor as well and then, so yes

Wes Barton: you talking about you’re ah investment LAIF fund, about not having to take any money out of it ah, in July-August you had some $56,000 for meter sales, (inaudible), transfers, I don’t know the exact amount for the meters, but by policy, is that supposed to be restricted?

Secretary Reeves:  We have not received those funds.  That is the waste water, because it’s so large the waste water billing, that they corrected last month, and I had to double check (inaudible)

Wes Barton:  $45,000 (inaudible)

Secretary Reeves:  Yes, yes, so that has not physically been received, its been

Wes Barton:  We have set, we being CSD, has set a new policy that we now recognize two types of meter costs.

Secretary Reeves:  Yes

Wes Barton: The Capital Expenditure, the the new meters, I think is what the policy originally referred to, and not the, the ah, re-metered, have we clarified that policy?  Is all the meter money to go into the restricted or unrestricted…

Secretary Reeves:  We, we now have two separate accounts OK?  One is the reconnection fee account, one is the capital facilities fee account, now in the past we have been using the money from the capital facilities as part of the budget because of the loan on the tank, because that tank loan increased our capacity by 2/3s, so that allowed us to, so

Wes Barton:  I’d say that’s stretching it, but that’s neither here nor there (inaudible) but that’s not my question, is the money (multiple voices) restricted fund is still the same money are we putting the money, if we do a new meter that money should go into a restricted fund.

Secretary Reeves:  Up until, like I said, that that’s what I’m saying, I’m not budgeted for the new meters at this point, is going towards the loan payment, that’s where we specified that, when we hit that amount where we finally get that paid, yes, every bit of money should be going directly into the LAIF

Wes Barton: And then the re-setup meters (inaudible) also a restricted fund or not?

Secretary Reeves:  As of this point it has not been, and that’s something that probably needs to be addressed (multiple voices, cross talk)

Secretary Reeves: Yes we have not addressed that issue

Wes Barton:  That should go along with the increase in that price.

VP Kinsella:  Charise, did you want to ask Raymond about the ah water treatment bill?

Secretary Reeves:  When we get to that item

VP Kinsella:  OK

Secretary Reeves:  We can do it at that point

VP Kinsella:  OK, any other questions from the floor?  Ruth?

Ruth:  I have a couple of questions on ahum the Treasurer’s Report, uhm,

VP Kinsella:  What page?

Ruth:  Uhm, 14, on ah, the gas, oil ah for the vehicle.  Ahum, I’ve noticed that ah, our vehicles are being used for a lot of personal use, so uhm, I just wondered if we could get that back down in any way, because uhm, they’re being used to shop at the grocery store and ah, for different things, that ah, that’s one thing, the other question is, ahm, when you did a Prop 218 ah you told us you were going to cut expenses you laid off the part time girl, ah, so that ah, and you started closing the office on Wednesday and every day at two o’clock so that you could get your work done with no interruptions.  I notice that almost every time I come over here or I call, the part time girl is here, so I’d like to know what’s happened there?

IGM Tynan:  She works about two days a week and usually it’s at the beginning of the month, towards the end of the month and beginning of the month, she helps out Syndie which is a lot of times overloaded because it’s the end of the month with billing and she does a great job, but usually the first part of the month and the end of the month she does pitch in about two days a week, with Syndie.

Secretary Reeves:  In addition Ruth we did include in the budget a little bit of her time in particular for vacations and sick time but also the board had made in their motion, was to use her as needed.  We did include in our budget a limited number of hours for her, for the year, that uhm still kept our expenses for overall personnel lower. 

IGM Tynan:  And also she only works, usually about four hours

Secretary Reeves:  She works, if she works it’s like 9:30 to 2:30, or 10:30 to 2:30, so it’s just a short walk in there in order to process payments, deal with the phone, and while Syndie  was working on availability, ah, she had to use her more so because for Syndie, that is a huge crunch time and things were changing on a daily basis, so you would have seen her in the office more in the last two months then she had been in there before.   As for the gas, ah, we use to include something in the packet regarding mileage and stuff and at some point we had stopped that, I don’t know if the board wants to go back to that or

VP Kinsella:  There’s only one place to buy gas around here except diesel, and ah, Dan was going to look into a couple of gas tanks

IGM Tynan:  Yeah, we’ve pretty much put that on hold, the fire department, and ah the gentleman had left that I was working with, and until they have a new replacement in, I really can’t work with anybody until they fill that spot.  But they totally stopped work on the fire department and there’s nobody up there right now in Mariposa that I can work with until they fill that spot.

Secretary Reeves:  Does the board want me to start putting something in here regarding fuel consumption, it was considerably higher ah this month than it has been in the past

VP Kinsella:  I’d like to see us go to a different gas station, $4 a gallon that’s pretty…

Secretary Reeves:  I don’t know if it’s usage or if its cost because, last, our costs were pretty high as far as per gallon too.

VP Kinsella:  But of course that’s me. 

Secretary Reeves:  That’s up to the board. 

VP Kinsella:  What’s the pleasure of the board, the question was asked, do you want ah mileage per vehicle?  Revert back to that?

Secretary Reeves:  Because our policy says you’re supposed to have the on call person driving with the vehicle.

VP Kinsella:  Hang on a second.  Emery?  Your thoughts?

Director Ross:  Well, it was in there, why isn’t in there any more, we made a decision to take it out, right?  It was in, and now it’s not there we probably decided to take it out.

VP Kinsella:  We did agree

Director Ross: We agreed to take it out?

VP Kinsella:  Yeah, not to put that in, of course if you want it back in, we’ll (inaudible)

Director Ross: It’s just work for them

VP Kinsella:  I think

Director Ross:  Whatever they want to do

Director Skoien:  It’s just more work

VP Kinsella:  Lew?

Director Richardson:  It’s just more work.

Director Skoien: Just ah,

VP Kinsella:  So leave it the way it is?

(Unknown):  Just ah try and regulate the personal use the best you can.

IGM Tynan:  I know some guys on the way home will stop by the market, after..

VP Kinsella: Does the on-call man have the car, ah, truck?

IGM Tynan:  Yes he does, yes.  And like I said sometimes when they get off from work, four o’clock around that time, they’ll stop by the market and get a few groceries on the way home.

VP Kinsella:  Carolyn?

Carolyn: Ahm, well I noticed on here, on the 18^th, Dan’s (inaudible) 18^th, the 21^st, the 25^th, then again on the 2^nd, he purchases gas.

VP Kinsella:  What page are you talking about?

Carolyn:  Ah page 30.

VP Kinsella:  Page 30.

Carolyn:  Is that a service truck we’re talking about?

IGM Tynan:  That’s a Ford and I did make deposits, quite often or have to go to Lowes and pick up a few things at Lowes for the shop, ah I do drive a lot more, probably more than the other guys do because I have to go to job sites, each job site they’re at, so, I do drive more than the other guys do.

(Public):  Do you drive this car as your, for your personal car?

IGM Tynan:  No I do not.  No I do not.

VP Kinsella:  Just for clarification, when you see here, one here, (inaudible) fuel Dave, that was the operator of the vehicle at the time, it doesn’t mean that Dave uses that vehicle he was operating it at the time, that’s all.

(Public):  I (inaudible) counting Dave I was talking about where it says Dan, there’s

VP Kinsella:  Naw, I just wanted to point out that, if there’s any confusion, it’s the operator of the vehicle’s name that shows up there when he gets gas

(Public):  thank you

IGM Tynan:  WE all use these vehicles, you know, whoever fills it up at the time, fills it up at the time, not, it’s not personal use car, I just use that car

(Public):  I noticed on page 30 that there’s an employee that’s been reimbursed $80.99 and a hundred dollars

Secretary Reeves:  That actually was taken out of the paycheck (background talking) per the credit card policy, however, when auditors were here, ran that by them again and we have been informed, as of yesterday, that is an illegal policy.  Now when she brought it up I was told to immediately give them back those funds, all of it except 599 was given back to him.  599 was an actual personal expense that was put on his card.

IGM Tynan:  And I have pulled that person’s credit card,

Secretary Reeves:  That, that by the, that credit card policy will have to come back to the board because it has been deemed illegal.

IGM Tynan: (Inaudible) I believe I sent you an email

VP Kinsella:  Can we make that next month?  (multiple voices)  Next month?  OK.  Mark?

Director Skoien:  Well that policy never came to the board, that was something Dan..

IGM Tynan:  No, it came to the board

Director Skoien:  Yeah, it came to the board (inaudible)

Secretary Reeves:  The board approved that one

(Multiple voices)

Secretary Reeves:  One other thing I will point out because you’re asking about expenses and such, ah, Dan did reimburse the District for the cargo pants.

IGM Tynan:  (inaudible)

Secretary Reeves:  For a hundred-seventeen, that was in disclosures as well.

IGM Tynan:  And it’s not really an admission of guilt I just got (inaudible) talk about something else than pants.  (laughs)

Director Skoien:  Naw I was just, I, I don’t understand the the approval of minutes being their always a little behind, this you know their a couple of meetings behind, what that has to do with the audit?

Secretary Reeves:  Hum?

VP Kinsella:  The approval of the minutes,

Secretary Reeves:  Oh,

VP Kinsella:   what..

Secretary Reeves:  Oh,..bec

VP Kinsella:  ….impact to the auditor?

Secretary Reeves:  According to the auditor the board, approving minutes has to do with your fiduciary responsibility to the District.  You can ask her alo….she will give you in more distinct answer when she comes and does the presentation.

VP Kinsella:  Like a little more definitive answer than (multiple voices)

Secretary Reeves:  Or…

Director Skoien:  I don’t see what one has to do with the other, but..

Director Ross:  Well it’s a financial audit, (multiple voices, laughter) you have to wonder about that but

Director Skoien:  Yeah it’s financial and that, well whatever.  Ok and a couple of other questions

Secretary Reeves:  OK

Director Skoien:  I like to, this on page 13 the accumulated depreciation

Secretary Reeves:  Yes

Director Skoien:  the amount was higher, you just don’t say what the items were I was just curious.

Secretary Reeves:  Ahm, one was for Jar Testing equipment and one was, it was back in ’09, oh the computer server and during the audit as I was giving them the depreciation information I happened to notice that two items had no depreciation.  So I went and double checked and realized that when they had been installed as fixed assets there’s one little tiny box that says depreciate, yes or no.  And they had not been checked.  So ahm, fixed that and it caught up the depreciation for those two items.

Director Skoien:  Then I got one other one, on the overtime pay?  It says overtime pay for the month was due primarily to extra work needed for availability billing?

Secretary Reeves:  You’re talking about the office?

Director Skoien:  Isn’t that done every month?  Availability billing? 

Secretary Reeves:  No, the availability billing is what is submitted to the counties in August, that, we

Director Skoien: (cross talk) So it’s not something that’s done every month?

Secretary Reeves: Syndie does that once a year

Director Skoien: (inaudible) extra?

Secretary Reeves:  Once a year she has to go through, she physically has to touch each and every account for our lots

Director Skoien:  OK

Secretary Reeves:  and prepare every single thing and then of course as the realtors are changing at the last minute, they contact her and I think she was getting phone calls every day, she’d have to go back and readjust everything up until the end, because they were trying to, I would assume, that they try not to get them on the tax rolls.  So we had, she had a lot of changes and I know this is something that every year she usually puts in several full Saturdays in order to make that happen this year it was even more difficult since we did not have the extra person in the office because in the past, you know, we had other staff, full time staff there, to kind of backup and keep her up a little bit. 

Director Skoien:  OK and one on page 16  (multiple voices) Oh I’m sorry

VP Kinsella:  Go ahead (inaudible)

Director Skoien:  ah just a couple more, ah the request for action?

Secretary Reeves:  Yes

Director Skoien:  request authorization to pay legal services bill in July in the amount of $1,220?

Secretary Reeves:  Yes

Director Skoien:  Due to a directors previously questioning the content.

Secretary Reeves:  Yes on page

Director Skoien:  This is more because of questioning the content?

Secretary Reeves:  No, no, no it’s the same one but back, back on page 15 there were three different incidents where Director Keefe had contacted the attorney and Director Kinsella had questioned that and asked to bring back information.  I brought back information last time specifying the amount that was particular to to her’s as well as other director interaction

Director Skoien:  So it didn’t change it?

Secretary Reeves:  No, and that I was asked to clarify even further.  Basically was it personal or was it district related, so as you can see on page 15 it says according to counsel conversations were on procedural aspects of grand juries and he explained those procedural aspects based on his firm’s experience in Kings County involving the city and city manager.  And since it had been questioned I withheld payment until the board approved that payment.

Director Skoien:  One more

Secretary Reeves:  OK

Director Skoien:  Partly for Dan, ah, on 28 the bill to Lawson, what work, I didn’t know what they had done?

IGM Tynan:  What’s that?

Director Skoien:  The work that, the bill to Lawson 1175, eleven hundred and seventy five dollars for the backhoe, was that…  it’s on 28

IGM Tynan:  Oh Lawson’s Backhoe

Director Skoien:  Yeah

IGM Tynan:  Ah Charise, was that for the uhm that wasn’t for the dump truck was it?

Secretary Reeves:  No.  That was for sand and gravel..

IGM Tynan:  Oh sand and gravel, OK  (multiple voices)

Director Skoien:  Not hole work?

IGM Tynan:  No, no

VP Kinsella:  Are you done?

Director Skoien:  Yes

VP Kinsella:  Kathy?

Director Skoien:  For this

Kathy: I, I, just ah back to the question on part time help in the office.  I didn’t quite understand if uhm part time help do, does the district pay vacation pay for part time help and health?

Secretary Reeves:  No, they receive no benefits, two of them however, have qualified for PERS, but that was included in the original budget, I’ve always budgeted everybody for PERS, rather than because, before we never had part timers, when we added part timers I just included that as, it was such a minute amount that we just continued that, but no they do not receive sick time they do not receive vacation time, or any health benefits or anything, so.

Kathy:  Thank you

VP Kinsella:  Any other questions?  Emery?

Director Ross:  Page 36 ah Mr. Vice President, ah, for the record, Resolution 2011-4 is back in here again, it said that I voted against the budget, when in fact I made the motion, so for the record, ah I voted for it and so did the entire board.

Secretary Reeves: That will be put on the record.

Director Ross:  Thank you.

Secretary Reeves:  You’re welcome.

VP Kinsella:  Any other comments – questions? 

Secretary Reeves:  OK, so my requests are one, that we do a read and file of the September Treasurer’s report and two, authorization to pay the legal services bill for July.

VP Kinsella:  I’ll entertain a motion for that

Director Ross:  (inaudible)

VP Kinsella:  Second

Secretary Reeves:  Two different motions

Director Ross:  OK

VP Kinsella:  You want to include both motions in the same one?

Director Ross:  No, we can’t do that  (inaudible-multiple voices)

Secretary Reeves:  Have to be separate

VP Kinsella:  That’s right  (multiple voices) do it right

Director Ross:  (inaudible) exactly what she wanted (inaudible)

Secretary Reeves:  For the first one I’m requesting (Director Ross cross talk) is

VP Kinsella:  Read and file September

Secretary Reeves: Yeah

Director Ross:  OK, I’ll make a motion to read and file September

VP Kinsella:  Do I have a second?

Director Richardson:  I’ll second it

VP Kinsella:  Any comments from the floor?  Back to the board.  Call for the question, all in favor? 

ecretary Reeves:  Unanimous, carried

Director Ross:  Second motion is?

Secretary Reeves:  Request authorization to pay the legal services bill for July in the amount of $1,220.50

Director Ross:  So moved

VP Kinsella:  Second?

Director Skoien:  I’ll second it

VP Kinsella:  Mark second, questions from the floor?  Back to the board, all in favor?  Unanimous again.

Secretary Reeves:  Unanimous

XXXXXXXXXXX   TO BE CONTINUED   XXXXXXXXXXX

REMEMBER:  LEFT CLICK TO CORRECT THE “STRETCH EFFECT” OF THE PHOTO, RIGHT CLICK TO ENLARGE, “BACK ARROW” OUT. 

NOTE: Messed up the fonts….it’s a mess, sorry.

 

WATER LICENSE 11395 PERMITTED USE (BLUE LINE)

I would like to believe the recent director resignation could be put behind us and allow your CSD to move forward in a positive direction beneficial to both the district and the majority of its customers.  Unfortunately though, in light of Thomas Porter’s personal declaration of yet another recall movement supported by former CSD president Emery Ross, such a belief may be futile.  Obstructionism, special interest advocacy, and a “give away the store” attitude must stop if this district is to address long overdue serious issues and adequately prepare for the survival of this community.    

 

  

 

 TIP OF THE ICEBERG

When you access the amazing powers of your imaginary “thinking cap” and objectively look at the situation you might appreciate this resignation was only the “TIP OF THE ICEBERG” since others clearly condoned and supported the underlying activity which precipitated the resignation. 

[Audio recordings of meetings clearly document those in the audience who dismissed the seriousness of potential director misconduct perpetrated by “one of their own”.  As you know, the “hardcore” center of this group is a handful or two of people which include at least three real estate/land development business owners, their employees, those vying for more outside MIDPOU water connections, and those who support such a policy.]

[MIDPOU=Merced Irrigation District Place of Use]

WELCOME OPPOSING VIEWS AND OPINIONS

Differing perspectives are normal, expected, and indeed helpful in determining what might be best for any organization yet people of good conscience should be able to disagree without being disagreeable.  I can certainly appreciate opposing views but when they are represented with incorrect information and expressed with personal attacks and spurious accusations, well, that causes me to carefully analyze what the foreseeable or expected outcomes of their proposals might be if adopted.   Thus far I have observed a consistent pattern of special interest advocacy where some sort of a benefit is conferred to a minority at the majorities’ expense.   

UPSIDE DOWN MORTGAGE

I can sympathize (not empathize because I have not experienced such frustration) with those who have found themselves paying more for their home/property than it is actually worth.  I have compassion for those whose only realistic financial solution is to “walk away” from their investment which typically involves abandonment of the dream of home/property ownership, a sense of permanence, and stability in a rapidly changing world.   The horrendous rippling effect of the national economy will be negatively felt in this area for many years to come.  Those of us who can survive these continuing hardships, and choose to remain in Don Pedro, must be vigilant and protect our community interests.  Safe, sustainable, and affordable drinking water is at the top of that list.

REPRESENTATING WHAT INTERESTS?

Taking the Oath of Office last December was very important to me because I was dedicating a large portion of my time to something I knew was not going to be easy.   I knew exactly who and what kind of influence was at the heart of so many difficulties facing this community.  Whatever side of the “development equation” you chose to support, please answer this:

If proposed development is truly in the public’s best interest, why would it be necessary to violate existing law, rules, and regulations specifically designed and established to protect the public from harm? 

NO DISCONNECTION OF OUTSIDE MIDPOU

Contrary to what others may say, I do not in any fashion advocate disconnecting current outside MIDPOU customers.  Those connections were “after the fact” made legal with a ground water substitution plan which incorporates the Ranchito Well. 

[That well must pump an equal or greater amount of water than what is used by properties outside the MIDPOU.  Since these properties cannot receive Lake McClure water, pumped ground water is comingled with lake water.  NOTE: Ground water minerals and chemicals are actually harmful to some of the equipment at our SURFACE WATER TREATMENT PLANT.] 

Although originally considered illegal connections, the corrective measure (ground water substitution) was taken in order to keep us within water license 11395 requirements.  Some of these outside MIDPOU folks have been good paying water consuming customers for many years and should not worry about that changing at all.    Others though, apparently do not financially contribute to the district and I believe this is wrong to all those that do.

NOT A REVOLVING DOOR

With that said, I do not favor increasing the number of accounts that violate 11395 simply because the Ranchito well is available and used for existing outside MIDPOU properties.  The “ground water substitution for surface water transfers” was a quick fix to bring our CSD into compliance with the contract which quite clearly identifies where Lake McClure water can be legally used.   It is not a revolving door which allows some properties to jump out and then others to jump in as Director Ross has suggested in the past. 

HOPE THE CAPACITY IS ENORMOUS

Soon the Ranchito well will be evaluated for its sustainable capacity and I certainly hope it is good news.  It would be interesting to know if the millions and millions of gallons of backwash water the CSD has discharged through the years might artificially recharge the aquifer.  Wouldn’t that be a great unanticipated “recycle program”?

USE AS AN EMERGENCY WELL ALSO

Another aspect of the Ranchito Well that should be considered is its “emergency use” status.  Even if the well does test out for satisfactory production, any projected reserve should be held as just that – standby for an emergency situation.  If the transmission lines from McClure intake are down for some reason the Ranchito Well could be used to fill the raw water tank to continue water treatment. 

NO COMMITTEES BECAUSE ROSS SAID SO? 

Director Ross has clearly stated his opposition to committees.   Personally I believe this to be incorrect on a number of levels.  In addition to providing an opportunity for public involvement in the functioning of their own local government, CSD committees could play an invaluable role in helping this district proceed into the future by sharing the workload.  [It goes without saying such committees should not become “advocacy groups” dedicated to any particular third party interest, but rather represent and work towards the best interests of the entire district and ALL PAYING CUSTOMERS.]

There has not been an active committee since the beginning of this board’s administration which also contradicts CSD policy- where are the standing committees such as personnel?   NOTE: Such committees do not change policy or make regulations, but rather, investigate, research, and make recommendations to the board about a particular subject or matter.

RECORD WILL SUPPORT

I have questioned this “no committee” policy a number of times without success but will continue to do so with special emphasis on an MID Committee.  How can ANYONE expect to ever correct this horrible outside MIDPOU matter without communication with the Merced Irrigation District which holds the license?  A recent proposal for more commercial services in the area also hinged on this very matter and without resolution this community will continue to “limp” into the future with a patch work of contradictory decisions and policies. 

WHY BOTHER?

Director Ross has quite clearly stated his opinion that MID could care less about this area and that we are nothing more than an inconvenience to them.  Well, without agreeing with that entire statement, I would agree that it could be argued the Merced IRRIGATION District is likely more concerned with agricultural irrigation, power production at dams, and maintaining its facilities and infrastructure. 

Be that as it may, Lake Don Pedro does exist and we have some serious problems regarding permitted use of Lake McClure water and the best remedy involves co-operation with MID.  [Unless the LDPCSD Board obtains a majority that believes numerous unreliable ground water wells should be drilled to offset further proposed outside MIDPOU areas.  But shouldn’t such a major financial decision like that be made by all the customers who will ultimately be financially responsible for that program which would benefit an extreme minority of property owners?  NOTE:  Outside MIDPOU customers currently represent about 1% of all paying customers. 

Director Ross has apparently become a spokesman for this group which is understandable since his commercial cattle ranching business is made possible with his two outside MIDPOU water connections.   The water license (as it applies to this area) identifies only domestic water use for the residential subdivision and irrigation of a golf course as permitted uses.  How was cattle ranching considered domestic residential use?

HAVE PAST CSD ADMINS BURNED MID BRIDGES?

Could it be that MID indeed has been “turned off” by previous CSD administrations which apparently turned a blind eye to the water usage restrictions in License 11395?  Have we already earned a reputation as a district that plays “fast and loose” with regulations?  How could our CSD in good faith approach MID for assistance if we continue to violate the terms of the water contract?

THINKING CAP QUIZ:  If you could be held financially responsible for breeches of a water contract by a third party, would you trust a district which had already exposed you to such risk by failing to abide by their own water contract?

YOU KNOW THE VARIATIONS OF THAT TUNE: Screw me once, shame on you.  Screw me twice, shame on me.

Sure would be nice if every property supposedly in the district were indeed within the MIDPOU and financially supporting this district. 

ONE LAST “THINKING CAP” QUESTION-

Why don’t those property owners who advocate the CSD venture further into the “ground water well business” just drill wells on their property for their own land development proposals?

 

My best to you and yours, Lew

According to Black’s Law Dictionary Nolo contendere is a Latin phrase meaning “I will not contest it”, a plea in a criminal case which has a similar legal effect as pleading guilty.   The principal difference between a plea of guilty and a plea of nolo contendere is that the latter may not be used against the defendant in a civil action based upon the same acts.  

Nolo Contendere is often used in plea bargaining where the defendant agrees to accept a lesser charge rather than risk being convicted on the much more serious charge.  [Reckless driving vs DUI (Driving Under the Influence); theft rather than burglary; providing false information vs perjury under oath, etc.]

MARIPOSA COUNTY SUPERIOR COURT 9/8/11

0950hrs Thursday morning: recent speculation regarding suspected misconduct of a director serving on the Lake Don Pedro Community Services District Board appears to have been justified, indeed, confirmed.  The Honorable F. Dana Walton, Superior Court Judge of Mariposa County heard the case in the historic courthouse while District Attorney Bob Brown personally represented the People of the State of California in the matter.  

Judge Walton, following a short consultation with the District Attorney and defense attorney, accepted Keefe’s plea of nolo contendere to Penal Code Section 148.9, providing false information to a peace officer.  Keefe quietly acknowledged giving up certain rights and agreed to a $1,000 fine; two years of probation; inability to run for public office during the probation period; and resignation as a director on the LDPCSD Board.

 

GRAND JURY REPORT & REFERRAL

The 2010-2011 Mariposa County Grand Jury Final Report had much to say about the LDPCSD including that it had referred information to the District Attorney’s Office.  [Grand Jury Report on home page top menu bar.]   This referral to the District Attorney came after “under oath interviews” of CSD directors Emery Ross, Vicki Keefe, Mark Skoien, Bill Kinsella and Lew Richardson and Interim General Manager Dan Tynan.  Specific details of that referral have never been made public.   The directors and IGM were also admonished by the Grand Jury not to discuss information obtained from the interview with anyone not participating.

BACKGROUND 

During the same time period of a routine Grand Jury onsite inspection of the CSD, the Board was ensnarled in a matter regarding suspected misconduct of a director who had purportedly approached the Interim General Manager and advocated the termination of an employee.  NOTE: The CSD is currently involved in other wrongful termination lawsuits filed years ago that have yet to be resolved.

REFUSAL TO INVESTIGATE

Then President, Emery Ross, refused to investigate the matter and was supported in that position by then Vice President Mark Skoien and Director Vicki Keefe who voted to remove the request for investigation from the February 22^nd, 2011 meeting agenda.  No investigation was ever conducted by the board.  Directors Bill Kinsella and Lew Richardson objected arguing it was the Board’s responsibility to investigate under existing CSD policy and to censure the director if misconduct was confirmed. Keefe had repeatedly refused to discuss questions of whether she was the subject of a Grand Jury investigation or if billing through the CSD attorney was improperly made for personal benefit regarding criminal charges.       

Although the exact circumstances leading to Keefe’s plea bargain are not known, the following exchange at the February 22^nd 2011 meeting appears strangely prophetic:   

Director Kinsella:  “If you have malfeasance and misfeasance in office, that’s a crime, and it can be investigated by the Grand Jury and a District Attorney.  The end result could be removal from office.”

President Ross:  “I doubt it.  They won’t do anything.”

Director Kinsella:  “I don’t care whether you doubt it or not, Emery.  It’s there.  The allegation was made and this board has to investigate it.  It’s that simple.”

MINUTES STILL UNAPPROVED

The February 22, 2011 meeting Minutes still have yet to be approved.  Directors Ross, Skoien and Keefe previously objected to their approval believing the verbatim transcript of DIRECTOR COMMENTS did not constitute minutes.  Directors Kinsella and Richardson contend the minutes have remained unapproved because they clearly evidence the refusal to properly investigate suspected director misconduct and taking corrective action if it were confirmed.   Questions remain as to what effect unapproved meeting minutes might have on the recent CSD audit.   

Vicki Keefe’s resignation was received by the CSD office and effective this date.

 

My best to you and yours, Lew

 

BUT FIRST……The following is my personal opinion which most recognize as a reasonable conclusion since it appears on my personal blog website.    This web-log is like opening a portion of my personal journal and sharing it with the world, it’s an offering, a mere glimpse if you will, as to my research, observations, and resulting conclusions as to what is happening in this area we call Lake Don Pedro.  The old website referred to this as “LEW’S VIEW” but even that proved too difficult for some to grasp who continue to advocate I should not be allowed to express my opinion.  What?  [Can you imagine what sort of country these folks would create?]

Seems to me if ANYONE should be expressing an opinion it would be an elected public official who is charged with honestly representing the interests of others.  Why were they elected in the first place if not for their opinions on particular issues of concern? 

I was an American citizen, a Lake Don Pedro Owners’ Association member, and a Lake Don Pedro Community Services District “PAYING CUSTOMER” prior to being elected to the CSD Board of Directors.  NOWHERE did I agree to give up my Constitutional Right to Freedom of Speech.   

CARLIN’S THINKING CAP

Remember the comedian George Carlin?  I recall a routine he had relating to how a teacher once asked him if he left his “thinking cap” at home when Carlin couldn’t answer a question in class.  Very funny how he expounded on the details of what his imaginary “thinking cap” would look like and function.   I mention this because with all the disinformation, deception and special interest influence this area has experienced for quite some time now, I believe it is long overdue for each of us to put on our own “thinking cap” and analyze some very basic information that can easily be researched and confirmed as fact.

CHRONOLOGICAL

There were a number of subjects brought up at the August 26^th meeting (transcript posted) and most were self-explanatory but there are a couple I’d like to discuss and augment with MY PERSONAL OPINION.   A chronological approach seems the best way to proceed.  This single item agenda meeting [Grand Jury Report (2 hours) – Request – Response to the Grand Jury] raised a number of questions while simultaneously providing some very interesting information.  I believe this meeting quite clearly evidenced the existence of a private business concern that continues to use its corporate power in an attempt to intimidate and control duly elected public officials.     

GET THIS THING OUT OF HERE QUICK!

President Vicki Keefe and Directors Emery Ross and Mark Skoien clearly wanted the Grand Jury response to be completed within the 60 day time limit as outlined by Judge Parish even though applicable codes gave the district 90 days.  This flies in the face of Director Ross pushing for a timely response.  The district had another 30 days with which to respond but these three directors wanted it done immediately.  Directors Skoien and Keefe voiced their opinions that all directors had the opportunity to contact the CSD attorney with their comments as to the drafting of the response.  This position fails to acknowledge the directors and the GM were admonished not to speak of the Grand Jury proceedings with anyone not present at that interview on May 5^th, 2011 and our attorney, Raymond Carlson, was not present at that interview.   Interesting it is that reports indicate Director Emery Ross while working for the Thomas Porter recall movement made statements about what transpired during that Grand Jury interview. 

QUESTIONS:  

Why did these three directors ignore the extra 30 day response time? 

Why not wait for the outcome of a criminal case in the District Attorney’s Office that was initiated upon information referred by the Grand Jury which obtained oath sworn testimony of directors and the GM? 

If a criminal case is pursued, and some sort of conviction obtained against a director (court trial or plea bargain), would that necessarily result in a vacancy on the board?

The only way to insure a majority of the board would approve that prepared response would be to make sure all three directors were present for the vote and the best way to guarantee that would be to make the response before the criminal case were concluded.  

Obviously, without public information regarding this matter, and absence of a clear denial that a particular director was indeed the subject of any investigation, everything is just speculation.   Be that as it may, I suspect the SO-GOSIP (Same Old Group Of Special Interest People) already know exactly what did, and is, going to happen.  Anticipating the loss of an unquestionable supporter on the board, perhaps Thomas Porter felt a recall of Bill Kinsella and Lew Richardson (yours truly) would permit continued board majority support?

Bill Kinsella and I believe that response should have been written by those it was addressed to:  The Board of Directors.  Fortunately, there may still be time to augment that Grand Jury response with further information if the criminal case is concluded before the end of September. 

STATEMENTS BY DIRECTOR EMERY ROSS ON AUGUST 26th

“Ah 15 years public agency, we had many of these Grand Jury inquires…”

“Now the one last time was simple they directed me and just, all it said was we’d be more professional, I mean I wrote that big deal.  It said be professional, I said we will.  That’s it.”

QUESTION:  What did you learn during your 15 years of public agency experience with the Grand Jury?  Was the Board actually conducting itself more professionally as you assured the last Grand Jury that it would?  Was the February 22 meeting conducted professionally?

“Ah, we’ve already got, I’ve been told, three at least ah Grand Jury complainants for next year, so, you know, we have plenty of time next year to play but we should get this over with now.”

QUESTION:  I have always been under the impression Grand Jury Investigations are confidential, who told Mr. Ross there were at least three more complaints for next year?  Does Mr. Ross believe such investigations are just “play” or serious evaluations?

KEEFE, ROSS, & SKOIEN REFUSE TO INVESTIGATE SUSPECTED MISCONDUCT

The vote by Keefe, Ross & Skoien to remove Item “S” from the agenda was in essence a vote not to investigate suspected misconduct by a sitting director.  Due to the fact that exchange took place during DIRECTORS COMMENT, a verbatim transcript exists documenting each director’s position on the matter. 

Incidentally, these are the Minutes that have yet to be approved by the Board.  Six months overdue.  Objections by Keefe, Ross and Skoien that the “verbatim portion be removed” have prevented their normal routine approval.  They have argued the minutes should be short and concise.  I would agree with that observation, however, due to this particular subject matter – director’s following established policy, I believe the three do not want the minutes approved because the transcript quite clearly documents their failure to enforce policy while intentionally concealing misconduct.    Perhaps the cover up has become more serious than the underlying transgression? 

There may actually be another negative result from these three directors refusing to approve the Minutes.  Our independent auditor has finished the yearly audit and I understand they are required to make notations about unusual business activity (failure to approve all meeting minutes) which might negatively affect the CSD in the future. 

So as to better understand the subject, here is an excerpt of the discussion where President Keefe, Ross & Skoien removed Item S from the agenda.

FEBRUARY 22^ND, 2011 MEETING VERBATIM TRANSCRIPT

DIRECTORS COMMENTS

Director Richardson:  “The directors who today voted to refuse to investigate apparently clear violations of CSD policies with emphasis on section 4000.504 has failed its duty to the district and rate payers and other directors on this board not involved in any inappropriate activity.  Considering…(tape change)….they admonish this organization for failing to conduct business according to our regulations, and apparently another Grand Jury is also currently interested in our operations.  I am fearful that the board action today has not only betrayed the public, but has possibly subjected it to severe criticism, if not more, for failing to assure ethical performance of all directors.  I do not know how many directors were involved with the attempted termination of employees without just cause.  We already have a wrongful termination lawsuit against us.  I think this was a very poor decision, and they’re asking for further problems.  That’s it.”

President Ross:  “Well, this Grand Jury thing from the past, I’m the person that signed it.  Wes, oh he’s gone.  Wes was the President, and then if finally came down to me.  I think that if we’re not acting professional, cause that’s what I signed and said we would do, we would be in contempt of this Grand Jury 2010 finding, and I think we should end this whatever it is, this thing.  I’m not sure what to call it.  And move on, you know, let’s move on.  I don’t know who did what.  I don’t care.”

Richardson:  “That’s the only issue.  You don’t care.”

President Ross:  “I asked Raymond.  He said it’s a free speech issue.  This person, whoever you’re talking about, is allowed to say anything they want to say.”

Director Richardson:  “Advocating the termination of the General Manager is free speech?”

President Ross:  “It wasn’t the General Manager.  I thought it was Charise?”

Director Richardson:  “No, no, going to the General Manager and advocating that someone get terminated, our attorney says is free speech?”

President Ross:  “Yes”

Director Richardson:  “Oh, I am anxious to hear that opinion.”

(Directors talking over each other.)

Director Skoien:  “But you’re saying advocated.  How do you know it wasn’t just said…”

President Ross:  “We’re really not supposed to respond to these comments, guys.”

Director Richardson:  “How do we know anything without an investigation.”

President Ross: “Bill, you’re going to make a comment?”

Director Kinsella:  “Yea.”

President Ross:  “Okay.  A Director comment?”

Director Kinsella:  “If the allegations are true, we have a misfeasance in office, and we also have a malfeasance potential.  It has to be investigated.  Let the chips fall where….Emery, don’t shake you head.”

President Ross:  “It’s outside of our scope of duty.  You’re not even gonna be covered under the errors and omissions.”

Director Kinsella:  “It doesn’t make any difference how it’s covered.”

President Ross:  “We do policy.”

Director Kinsella:  “If you have malfeasance and misfeasance in office, that’s a crime, and it can be investigated by the Grand Jury and a District Attorney.  The end result could be removal from office.”

President Ross: “I doubt it.  They won’t do anything.”

Director Kinsella:  “I don’t care whether you doubt it or not, Emery.  It’s there.  The allegation was made and this board has to investigate it.  It’s that simple.”

Director Richardson:  “Hey, you know it’s either Mark or Emery cause Vicki said she didn’t do it.”

President Ross: “Mark you got any comments?”

Director Skoien:  “Is that a statement of fact Lew that we’ll see in print?”

Director Richardson:  “Vicki said it outside in front of about five witnesses.”

Director Skoien:  “I’d love you to put that statement in print.”

President Ross:  “I didn’t say it.  I don’t know what the hell it’s about.”

Director Skoien:  “Just put it in print.”

Director Richardson:  “No, I’m just trying to figure out who’s who, and without an investigation that is exactly why you have this.  Everybody wondering who did what.  Until you have a bonifide investigation to find out what happened, everyone’s going to be suspicious.”

Director Skoien:  “Everybody knows who you think did it or who said it.”

Director Richardson:  “Vicki told me today she did not do it.”

President Ross:  “And I didn’t do it either.”

Director Richardson:  “Okay.  Emery didn’t do it.  Vicki says she didn’t do it.  You say you didn’t do it.  Bill says he didn’t do it.  I didn’t do it.  Somebody’s lying.”

President Ross:  “It’s done.”

Director Richardson:  “So you don’t want to investigate it?”

President Ross:  “No.  You know what I’m gonna tell you.  I’m gonna tell you something right now.”

Director Richardson:  “I’m gonna tell you something too.”

President Ross:  “Let me tell you something.  The problem on this board is you have three people, hear this out, that are law enforcement.  What do law enforcement guys do?  They don’t have management experience.”

Director Richardson:  “You were in law enforcement?”

President Ross:  “Yea.”

Director Richardson: “Oh, really.  Where?”

President Ross:  “Santa Cruz Metro.  Last about four years.  I have the least amount of the three.  I said that.  I was Chief of Protective Services.  All right, but I also have management experience.  I have more management experience than law enforcement.  Bill has the most.  What do you do when you get on a board?  What did Bill and I do last time when Bill brought forth, what do you call it, the same thing you’re trying to do here?”

Director Keefe:  “Censure.”

President Ross:  “Censure.  Remember, and investigation and stuff because you don’t have management experience, you revert back to law enforcement stuff.”

Director Richardson:  “You’re not following the rules.  They’re simple rules.”

Director Kinsella:  “Whenever an accusation is made, whether it is true or not, the governing body must investigate and make a finding.  I would love to come in and say it didn’t happen, but I don’t know because I didn’t investigate it, and I will not investigate it.”

President Ross:  “I’m not gonna investigate it.”

Director Keefe:  “Well, I don’t hear…You say an accusation has been made.  The only thing I read in that was you asked the question did someone approach you, did someone suggest, did they hint around?  It was really, really very vague.  Now, you’re talking.  Now wait a minute, let me say my peace.  You’re saying this is a misfeasance, and it’s this and it’s that, and you’re assuming that there’s some crime when we’re talking about there is no crime.  There has been no allegations, and I’m getting so….”

Director Richardson:  “It’s a violation.  Vicki, you put the policies on your own website.  You know what the policies are.”

Director Keefe:  “Well, yes.  Of course I do.”

Director Richardson:  “In 4000, in 4000 says a director should be sanctioned by the board.”

Director Keefe:  “If a director, in fact, went to the General Manager and said I want you to fire this person.”

Director Richardson:  “Or suggest that they be fired.  It’s not that’s director’s position, and you know that.”

Director Keefe: “Of course, it is not.  I’m not saying it isn’t, but what I’m saying is…”

Director Richardson:  “Then there should be an investigation.”

Director Keefe:  “Forget it.  It’s a dead issue.”

Director Kinsella:  “The allegation is there.  It should be investigated.”

Director Keefe:  “…gone on forever.”

Director Richardson:  “Well, how did all the people down there in Modesto say that”

Secretary Reeves:  “Emery, can you adjourn the meeting?”

Director Richardson:  “you said Charise and Syndie should be terminated?”

Secretary Reeves:  “You haven’t adjourned the meeting.”

Director Skoien:  “Those people in Modesto…”

President Ross:  “Yes, I did.  I banged it down.”

Secretary Reeves:  “No.”

President Ross:  “Adjourned.”

Secretary Reeves:  “5:08.”

PERSONAL ATTACKS INSTEAD OF DEFENDING VOTE

When Director Skoien on August 26^th is reminded of his vote in removing Item S from the agenda, which was a complete refusal to investigate the allegation of director misconduct, he does not stand by his previous vote or explain his reasoning, but rather makes a spurious personal attack against me by suggesting I was a poor investigator when I “supposedly got paid to do it”.  

Typical move right out of the SO GOSIP Play Book:  When confronted with questionable activity on your part, do not attempt to explain your behavior but immediately respond with spurious accusations and personal insults. 

RUDIMENTARY EXAMPLE:

Parent to child:  “Johnny, are you telling Mommy and Daddy the truth about the cookie jar?”

Child:  “Why ask me?  You’re the rotten parents.”  

“KATHY CUTTING CORNERS”

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

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

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

KATHY NOW CLAIMS:  “A LOT OF EVIDENCE”

First of all, you cannot take a large packet of papers and throw them up on the narrow edge of the board table and expect them to balance – they were gingerly placed there because of my second point: the massive amount of paperwork Mr. Kalvin Gile brought to the meeting certainly was not evidence.   Mr. Gile had several packets containing many pages of what he considered evidence of wrong doing by personnel regarding telephone use.  Mr. Gile while making his accusations advised board members they could only look at the material but not keep it.  WHAT?   Evidence is something to be studied and evaluated.   That wasn’t evidence but just another “dog and pony show” these folks present every once in a while.  Pop Corn should be provided for these productions. 

My understanding is that most of Gile’s “evidence” of wrongdoing by employees was incorrect and will be discussed at the next meeting.   Spurious accusations are the “bread and butter” of this group.    

VENDETTA FOR VICKI?

Oh please.  The last thing I want to think about is Vicki Keefe.  What an absolutely absurd statement.   I admit to having trust issues with the woman but those are well earned and based solely upon her conduct and behavior.   Vicki Keefe is her own worst enemy.  

CONSIDER RESIGNING FROM THE BOARD?

Certainly not a surprising suggestion from someone employed at Harry Alfier’s real estate office.   Such individuals do not want directors to consider what is best for all ratepayers and the district, just their special interests.      

THOMAS PORTER

Yes, Mr. Porter the entire country is in deep, deep trouble and the uncontrolled development in Lake Don Pedro is a perfect example of why.  When rules and regulations are intentionally violated to increase anticipated profits for a select few at the majorities’ expense, what do you expect will happen? 

FIGHT AT THE HOMEOWNERS’ ASSOCIATION

The only fight at the “PROPERTY OWNERS’ ASSOCIATION” was the one Thomas Porter created because of his own embarrassment of not paying a large overdue water bill until publication of a satirical cartoon.  Of course everything is smooth at the Owners’ Association, all your people are on the board.  Those that once did all the screaming and complaining are now seated at a board that often has less than a handful of attendees.  Anyone notice last month the Pledge of Allegiance to an audience of one? 

THREE HOURS TALKING WITH AN LDPOA DIRECTOR?

Yes the flowers around the Hacienda are exceptionally beautiful this year and the lawn is so green and lush.   Perhaps another management company should be hired to run the Lake Don Pedro Owners’ Association?  Wouldn’t that be smooth?

PROMOTE GOOD WILL?  – GET OFF LITTLE TANGENTS?

Good will, yes indeed, where to start?  Vacant speculative/model homes, rampant foreclosures, short sales, decreased property values, dangerous “developer convenience roads” which do not conform to 1991 SRA (State Responsibility Area) Fire Safe Roadway Standards, etc.?  [Speaking of fire safety, what about this new FIRE FEE of $175 a year for every residence in a State Responsibility Area?  Wonder how much of that money will be spent in requiring our “Deerwood Access Roads” to meet fire codes?

I do not consider intentional misconduct of elected officials as  “little tangents that really don’t mean anything in the whole total picture”, but of course, Mr. Porter is most likely referring to his little picture of Don Pedro. 

Perhaps Mr. Porter did not realize one requires an “invitation” to attend a Grand Jury Interview.  Boy I sure wish I could make that a reality for Mr. Porter.  

IF YOU DON’T…… THEN I WILL PERSONALLY…..

“….ah Bill and Lew you should consider resigning.  If you don’t consider resigning then I personally will look into the idea of recalling the board ah,  and that’s not a threat that’s just something I do intend, and I ah, I, I want a smooth running board that will serve water and ah….”  THOMAS PORTER

Once again, a “smooth running board” equates to one that totally supports the Porter Plan for Pedro.   

BULLIES COME IN ALL FLAVORS

There have been so many articles, discussions, and even court cases recently about the reprehensible conduct of “bullying in school” and how it can severely harm those targeted.    Guess what “little bullies” in school inevitably grow into without some form of intervention and correction?    That’s right, Big Adult Bullies.   Sometimes even multi-million dollar land development corporate bullies who push their “for profit agendas” on communities too weak, ignorant, or apathetic to defend themselves from such domination.    

HARRY ALFIER [Owner Lake Don Pedro Realty]:

“….probably not appropriate for a sitting board member to ahh, and I see Raymond’s response is basically relying on the First Amendment….”  Harry Alfier

Well Harry, factual information affecting those who financially support the CSD is in the best interest of the district and the ratepayers, and yes, as much as you and your ilk would like to further suppress the truth, the First Amendment does exist.  I am a citizen of this country, a property owner in this subdivision, and financially contribute to the support of this district and have a right to express my opinion even if it conflicts with your obvious special interest as a real estate business owner.   

Come on now Harry, it is more than just the installation fee for the water meter.  Those homes are located in the special benefit sewer zone and have not been paying their fair share of the water bill…..a thousand times less!  

“…and of course Lew decides that that’s some kind of conspiracy that all the people that live down around the golf course that they must have been somehow been in kahootz or you know, that they’ve been receiving some kind of benefit cuz we’re a special benefit because cuz it has the word golf course in it.”      Harry Alfier

You are confusing issues Mr. Alfier.  Yes, the homes around the golf course are in what is commonly referred to as a special benefit zone.  The far majority of homes in Lake Don Pedro have onsite sewage disposal systems on the property that the owner must install but the homes around the course are tied into the Lake Don Pedro Waste Water Facility.  Since they receive the service, they must pay for the water that is used in the treatment process.  What is so unfair about that?  Special benefit = special fee.  Where did I use the word conspiracy?   There you go again with those “action words” supported with nothing but your contempt for rules.  [How’s the asphalt paved Pedestrian & Equestrian Trail driveway The Deerwood Corporation constructed working out for your trailer parking?]

Harry Alfier:  “Yes, special interest all us real estate and golf course people you know we’re the scum of the Earth I guess”. 

“Scum of the Earth?”  Your characterization not mine.  Actually, my feeling is the folks tied into that system are victims in a sense.  The planned, anticipated, or promised growth needed to share the expense of that waste water facility never occurred leaving those using it with more of a financial burden to keep it operating.   If I had a home tied to the system and expected my bill to go up during these times, I’d be upset too.  I understand the situation is further complicated due to the number of foreclosures and owners not paying their property taxes.   [I recall Mr. Porter once suggesting owners refuse to pay property taxes in protest to any Prop 218 rate increase to unimproved properties, which is bewildering.  Why would anyone suggest not paying property taxes and incurring penalties and fines?  I remember Porter saying people could check the records in both counties and confirm he doesn’t pay his taxes.  Guess you might also confirm how many properties have been subject to foreclosure proceedings as well.  Didn’t sound like good business sense to me, but heck, I’m not the millionaire.]  Yes, not good news for those folks tied to the sewer system.

WHAT ARE THEY DOING?

Our CSD nearly avoided bankruptcy.  The Prop 218 rate increase pulled our bacon out of the fire.  The board in a, what has become all too typical 3-2 decision, “rebated” over $30,000 to a small group of people complaining about notice wording.  Consider the constant pressure from this real estate group to drastically reduce the reconnection fee for delinquent “meter pulled” properties which would affect less than 1% of the customers but seriously harm the CSD’s financial situation.  Ponder the misrepresentation of facts by other directors regarding meter installations and removals for certain properties outside the water license (MIDPOU) and outside the district boundary.  Almost appears as though some people want the CSD near bankruptcy again.

ANOTHER SPECIAL DEAL ON THE WAY?

The July 2011 Edition of the Foothill Express front page article “CSD finds sewer plant billing error” reported on page 9 (bottom first column):  

“Director Emery Ross worried aloud that a $21,000 bill adjustment could have “a gigantic impact” on the handful of people who would have to pay it.  He suggested the board might “arrive at some negotiated number where we don’t wipe those people out.”

Well, that $21,000 billing “error” (Actually, staff pointed out the discrepancy multiple times but supervisors did not take action, so please do not believe it was a failure with office staff) is now in the ballpark of $45,000. 

[Adjust your thinking cap] 

If someone owes you money but they suggest “negotiating a number with you”, this likely means: (Please choose only one answer)

a)     They wish to further discuss the matter with you on the telephone

b)     They want to practice guessing your weight for a part time carnival job

c)      The suggesting party is an undercover agent

d)     You will not receive all the money owed

“D” is the correct answer.   

PROUD TO BE VICTIM OF THE “CARTOON RECALL”

OK Mr. Alfier, bring up the reason for the Lake Don Pedro Owners’ Association Board Recall again, doesn’t bother me one bit.  I am proud of my position on that matter and would not do anything different.      

FACTS:  Thomas Porter of the Deerwood Corporation owned the golf course (don’t know if he still does or not, last I heard it was up for sale) and had a very large outstanding water bill which Mr. Porter repeatedly refused to pay.  A satirical cartoon was sent to the Association which juxtaposed two facts:  

(1) A high school illuminated sign was donated which read:  “Don Pedro High School” and under the message area:  “Donated by Tom and Peggy Porter” encouraging the misunderstanding the entire high school had been donated, and, 

(2) an unpaid water bill owed by Porter which had been dramatically reduced down multiple times to $20,000 and change. 

Although Mr. Porter’s Grandson had offered $5,000 as a fair offer on the bill, approximately four days after publication of that cartoon, which was unanimously approved by the Board of Directors under the concept of free speech (Vicki Keefe incorrectly stated in a Letter to the Editor in the Foothill Express that some directors were unaware of the cartoon prior to publishing) Mr. Porter paid the $20,000+.  The recall process for that board started and even included “free lunches” at the golf course during the petition signing process.  

The recall was successful with the exception of Ken Kennedy who was re-elected as a write-in candidate because of a mistake in the “recall boards” lineup leaving one position open.  Ken Kennedy is no longer on the board which is now entirely composed of people who support Tom Porter and his Deerwood Corporation plan for Don Pedro.

WELCOME BACK TO THE PEOPLE’S REPUBLIC OF DON PEDRO

The blossoming NEW DISCOVERER newspaper was turned back into a minimal newsletter devoid of pertinent information shaping this community because your previous board recognized and appreciated the right of free speech granted under the First Amendment.  That in itself might have been alright but that board also had the audacity to uphold the concept by permitting publication of a satirical cartoon about Thomas Porter’s activities in Lake Don Pedro. 

PORTER GROUP NOW DENIES MEMBERS THEIR VOICE

Has ANYONE noticed the LETTERS TO THE EDITOR section has been totally abandoned in the DISCOVERER?    Strange, the recall board used the newspaper to spread untruths and propaganda, got elected, then took away every member’s voice.   Yup, a publication that every owner must financially support will not permit legitimate letters of concern, suggestion or opinion by members.   That is not a NEW VISION as promised by this group – it is an old system of control and domination called:   censorship.   Control the press so members only receive what the “New Vision Board” decides to show them.    Who are these “little dictators” who continue to advocate a failed and dangerous plan for Don Pedro? 

Where did a member’s opportunity to comment go?  It was placed in the same “round file” (trash can) as your 17 year old protective regulations that were upheld in both Tuolumne and Mariposa County Superior Courts and abandoned by the same special interest group because rules are inconvenient.    

“…AH Bill, I believe you need to do something to straighten your life out. (Laughter)  You really do.  Every time I see, every time I see you it’s adversarial to me.”   THOMAS PORTER

Bill Kinsella needs to straighten out his life?  Oh boy, that’s a good one Mr. Porter.   Bill Kinsella wasn’t the one who purchased a non-performing golf course.  Bill Kinsella wasn’t the one who used his enormous voting block of properties to place “developer friendly directors” on the LDPOA Board, including another real estate business owner who cannot get a broker’s license due to past Department of Real Estate violations.  Bill Kinsella didn’t violate established regulations prohibiting construction of speculative/model homes.  Bill Kinsella didn’t construct a number of dangerous non-conforming developer convenience roads which are contrary to Fire Safe regulations.  Bill Kinsella didn’t run up a substantial unpaid water bill.  Bill Kinsella didn’t have to close the golf course twice.  Bill Kinsella hasn’t lost a number of properties to foreclosure.  Bill Kinsella doesn’t complain about how much money he has lost in Don Pedro.  Seems to me Mr. Porter should be straightening out his own life rather than giving such advice to Bill Kinsella.

“…gee you even went to Fresno to the appellate court….”  Thomas Porter

Poor Tom is wrong again, I know Bill Kinsella wasn’t at that court hearing because I was.  It was the same day I had a photograph of a tornado funnel in Merced posted on the online Sonora Union Democrat.   When I told Mr. Porter after the meeting that Bill Kinsella was not there but I was, Porter said it didn’t matter because “we were the same”.   (Guess he was referring to Bill and I both being honest and having integrity.)

SUMMARY

So, Thomas Porter, president of the Deerwood Corporation; Harry Alfier owner of Lake Don Pedro Realty; and Kathy Agee a real estate agent for Lake Don Pedro Realty think Bill and I should resign from the Board of Directors?   Don’t hold your breath.      

EXHAUSTED

You know, there is a lot more I’d like to comment on but I’m exhausted.  I spent the better part of yesterday mixing mortar and building a decorative rock wall and I am SORE and tired.  This second board RECALL by THOMAS PORTER AND HIS DEERWOOD CORPORATION is going to take some time to orchestrate so there will be plenty of opportunities to respond in the near future. 

Until then, pay attention, dust off your “thinking cap” and use it to seriously consider the veracity of information the Porter Group is spreading through this community.   If their plan was legitimate, lies wouldn’t be necessary.  

 

My Best To You And Yours, Lew 

 

PS:  The Mariposa Gazette has published the LDPCSD advertisement for bids on the water meter replacement project.  Check out the link below.  FIrst column, second legal notice (above CSD ad):  Is that Bill Kinsella’s name in the foreclosure notice?   Nope.  This is the second such notice (same name, different property) I’ve seen in a couple of weeks – but that’s another story.    Hummm,……People in glass houses …… 

http://www.mariposagazette.com/NSROP/large/MariposaGazetteAdvertising_4.htm

 

Not surprisingly I did not receive a personal invitation to Thomas Porter’s second recall movement of a duly elected Board of Directors held last Thursday (September 1st) at his Deerwood Corporation sales office complex located on Merced Falls Road.    I was, however, forwarded a copy of the original “blast email” by Heidi who just happens to be one of the three ladies recently appointed to the Lake Don Pedro Owners’ Association Board of Directors. 

Last year there was not even an LDPOA election due to the lack of candidates.  Apparently the LDPOA board simply recruited from their recall group of supporters again to fill vacancies because original members of the board with the “NEW VISION” quit because they did not attend meetings or actually intend to work for the members.  They just needed to destroy a good, honest hard working Board who were focused on the Association and its members rather than what was best for real estate and land development interests.    

Here’s what Heidi Russell, a current appointed Director on the LDPOA Board wrote:

Recall water board meeting Thursday @10:00 A M at Deerwood sales office On Merced Falls Rd.  Enough of the embarrassment of a non functioning water board , the lack of decorum, yelling, name calling, disrespect… sounds like our old LDPOA Board, well it is with Bill and Lew on the water board. Let’s get some people in who know what their doing and have respect for others and see the future of Lake Don Pedro. You can sit on your butt’s and complain or you can help change this community for the better.

PLEASE COME !!

 

Thank You

Heidi

UNBELIEVEABLE !

Just like in the first Porter Recall of the LDPOA Board, here’s one of the same instigators spewing disinformation for the sole purpose of fanning the flames of discontent and energizing the “rent a mob” as Emery Ross himself previously referred to that group.  A group he now evidently embraces as a potential source of votes for his dream of being a Mariposa County Supervisor.   A sitting director participating in a recall movement of fellow directors smacks of inappropriate activity, but with this group, apparently “anything goes”.   While on the subject of that particular “waking nightmare”, (Mr. Ross in a county position)  I find it to be in extremely poor taste, indeed disrespectful,  that Mr. Ross continues to bring up the District II position while current Supervisor Lyle Turpin, his family and friends are dealing with the serious consequences of that tragic ranch accident. 

Curiously, Heidi has RARELY attended CSD meetings yet makes a number of accusatory statements based on what?   What she wants to believe although personally oblivious to the facts?  What someone has told her are the facts to be repeated to a seething crowd stirred to action with other erroneous information?   Seems to me Heidi has in fact been sitting on her own butt and just complaining.  Who is she to chastise others for doing the same?

ALMOST A FACTUAL EMAIL

Heidi’s observations of embarrassment, a non-functioning water board, lack of decorum, yelling, name calling, and disrespect at meetings are absolutely valid.  But then, like the rest of the hard core Porte-ites”, she intentionally misrepresents those facts by attributing them to “Bill and Lew” rather than her own group which quite clearly causes such disturbances. 

[Something easily confirmed if she would “get off her butt” and bothered to attend meetings or listen to audio recordings of the same.   There is plenty of documentary evidence as to which individuals intentionally interrupt business meetings.] 

Come to think of it, Heidi was one of the, if not the most, discourteous speakers at that “Cartoon Recall” Hacienda meeting of the LDPOA as well.  (Likely a prerequisite for being one of the disinformation cheerleaders now)

WHY THE FABRICATIONS OF TRUTH?

Why would this individual intentionally misrepresent the facts in this way?  Who knows, but the following might be a clue. 

Heidi and her partner are close friends with Mr. Porter who provided a very nice reception, complete with use of Porter’s limo, for their domestic union ceremony at the golf course.  OK, I understand loyalty and appreciation for the kindness shown in providing such a splendid venue for your nuptial celebration but to intentionally fabricate the truth in an attempt to harm others is disingenuous at best and possibly just blind obedience at worst.     

KNOW WHAT “THEY’RE” DOING?

Heidi advocates getting people in there that know what “their” doing.  Oh really?  I have worked very hard studying information concerning this district and water related issues in general.  Bill Kinsella has done the same.  I have availed myself to free online classes in order to familiarize myself with many of the related jobs and requirements of operating such a district.  Bill Kinsella has done the same.  Heidi, like the rest of the ilk for which she apparently speaks, does not want honest people with knowledge and dedication to this district and all ratepayers, she only wants people who support Thomas Porter and his plan for Pedro, which has quite obviously been an abysmal failure – not just for Porter and his land development corporation, but for the property values in Don Pedro in general.

 

RESPECT FOR OTHERS?

Respect for others?  Oh please!  Nice sound bite but Heidi the hypocrite rides again.  Review the audio tapes of previous meetings (that Heidi did not attend) and then report the truth as to who was responsible for disrupting our business meetings with demands, accusations, and spurious insults to those who stand up to such inappropriate behavior.  

Playing games in the parking lot and suggesting vandalizing a director’s vehicle during a business meeting?  Oh yeah, you folks are a real class act.

 

My best to you and yours, Lew

You know, I wanted to put this stuff away and attempt to enjoy the three day weekend (which I will anyway) but I admit it bothers me that the SO-GOSIPS are at it again due to their (apparently) anticipated loss of a director dedicated to their special interest agenda.   What do they know that the rest of us don’t? 

Do these folks possess a modicum of self-respect or integrity?   

What sort of person intentionally tries to harm another by telling lies?

I refuse to be intimidated by such despicable activity.

It has come to my attention another ludicrous fabrication of the truth is being spread within this “recall group” assembled by Mr. Thomas H. Porter and his Deerwood Corporation which has now evidently accussed me of some sort of conspiracy with a District Attorney Investigator to target an innocent sitting director on our CSD Board.   

I would suggest, or rather strongly encourage, the persons disseminating this information to immediately contact the appropriate government authorities and file a complaint as to this very serious charge.   

Here are a few hyperlinks that might be helpful:

California Department of Justice (Attorney General)      http://oag.ca.gov/contact

Mariposa County Sheriff’s Office       http://www.mariposacounty.org/index.aspx?nid=82

Mariposa County District Attorney     http://www.mariposacounty.org/index.aspx?nid=74

In other words:

PUT UP OR SHUT UP!

[NOTE:  Recognize the same modus operandi?  Director Vicki Keefe did the same thing at the last meeting with Director Bill Kinsella.  Keefe made an accusation; stated she had the evidence to prove it;  when Kinsella demanded to see this evidence;  Keefe stated it was at home; when Kinsella suggested a recess to retrieve it; Keefe said she didn’t have time to get it.  (right)  Then why make such an accusation in a public meeting in the first place?  The only thing missing is her later excuse for not producing it:  “the dog ate it”.]

CONSPIRACY TO REMOVE AN INNOCENT DIRECTOR?

This is another perfect example of how the Porter Supporter Group operates:  innuendo, disinformation, and absolute lies.  Responding to their desperate attempts of continuing to conceal apparent wrongful activity by one of their group only elevates their despicable status as “spreaders of untruths”.  (There’s a real technical term.)

The problem is, I know exactly how such propaganda burns through this community and is often believed by those who do not have the time, or refuse,  to investigate for themselves, so I will respond.

1)      The investigator worked for the same Sheriff’s Office I did many years ago;

2)      We were co-workers who socialized in completely different circles;

3)      I had not spoken with this person in approximately 20 years and that contact was co-incidental in the parking lot of the Mariposa County Superior Court months ago;

4)      A Grand Jury inquiry was already in process prior to this causal meeting.

WHO IS RESPONSIBLE?

Each one of us is responsible for our own actions as individuals. Obviously public officials are also responsible to the citizens they serve.   I, nor anyone else, is responsible for the actions of another which violates the law.  That is their decision, not mine.  It is absurd to believe dishonesty can be excused through further false statements, claims of innocence, or that it is someone else’s fault.

Those who repeat such ridiculous information as an excuse for someone’s criminal behavior are either sadly mistaken, or absolute liars.

Perhaps Thomas Porter might consider recalling the Grand Jury?

 

My Best to You and Yours,  Lew   

PS:  There is much more to report, but for now, have a safe & enjoyable weekend.

Setting up this new website provided the option of creating a short “catch phrase” to accompany the website’s name.  This posed an interesting question:  Why have I been writing since late 2004 about the Lake Don Pedro community and the forces that have greatly influenced this area? 

We’ll get to that in a moment but first I owe you an explanation as to this website’s hiatus for a few months, the new format, and absence of over five years of research and posting.  Although backups exist, time, effort, and the inevitable loss of hard drive space encourage me to just move forward from this point forward.  We can resurrect the past activity when necessary.  

AHRC AND THE JOURNEY OF UNDERSTANDING

When I first started to understand some of the political complexities of this area (an ongoing process) I discovered an online organization called AHRC, The American Homeowners’ Resource Center.  Home and property owners across the nation wrote to AHRC with questions, comments, and indeed horror stories of experiences with their CIDs (Common Interest Developments).  A common theme of these communications regarded the reasonable concept of property owners determining the future course of their investments and how such a concept could be so completely perverted by others – often companies and corporations with their own financial special interests at heart.    

$1,300 for a $20 LIST

I started posting my comments on AHRC about the Lake Don Pedro Owners Association and what I was learning about the domination of this community by two local real estate businesses in co-operation with a multi-million dollar land development corporation based in the Bay Area.  When I attempted to secure a membership list of owners as clearly permitted under Davis-Stirling (California Civil Code governing CIDs) the board at the time (spearheaded by a local real estate business owner who cannot obtain a real estate broker’s license due to past Department of Real Estate violations) simply refused to obey the law forcing me to either give up on the idea of contacting other members by “snail-mail” or going to court.    I chose court. 

Next thing you know legal material is being mailed to me with deadlines for responses and a court dates.  I consulted an attorney to make sure all my paperwork was in order, went to court by myself, and was victorious but learned a very big lesson about winning in court.  The Tuolumne County Superior Court Judge did not award attorney fees so my victory of obtaining what the law quite clearly said I had a right to anyway actually cost me around $1,300 out of my house construction fund.  What a deal huh? 

[Just think, every single LDPOA member pays for our legal representation, yet our attorneys at the time were being used by special interests on the LDPOA board to prevent members from receiving something the law stated they had a right to acquire.  What a racket!] 

POSTED THE STORY

Needless to say I was quite vocal about that matter on AHRC.  After writing for a while on that website, which was represented in every one of the 50 states, I was contacted by them and presented with the proposition of starting my own website.  I explained I was not familiar with computers and all that stuff, and essentially computer/website illiterate, but when offered free use of the software (only had to pay for the domain name), server and storage space as an affiliate of AHRC, LAKEDONPEDRO.ORG was born. 

ATTEMPT TO SILENCE CREATED WEBSITE

You know, I’ve often laughed to myself at how this website was created.  If those Special Interests on the LDPOA Board had simply sold me a $20 membership list with thousands of names on it in the first place, the time and expense for paper, ink, envelopes, and postage would have kept me busy for a very, very long time.   Their intended “gotcha” of intentionally violating the law to conceal their highly unethical activities only gave birth to a different media with the capability of displaying photographs.    

LAKEDONPEDRO.ORG continued for over five years as an affiliate of AHRC.    I stopped posting for a few months after learning of another Mariposa County Grand Jury inquiry into CSD operations believing to do otherwise might somehow compromise their inquiry.  Shortly before the creation of this new website  I discovered AHRC no longer existed and I had lost free use of the software program and server.  Clicking a LAKEDONPEDRO.ORG icon only referenced a blank page and we all know what a wonderful and fulfilling experience that is.    

NO HUG OR KISS GOODBYE

No pre-warning notice.  No hint of shutting down.  One day LAKEDONPEDRO.ORG was there, the next:  “WEBPAGE CAN NOT BE FOUND”,   Evidently the last renewing of server fees and such for AHRC was in 2007 for four years – then in mid 2011 – PRESTO!  AHRC and all its affiliates dropped off the internet.

A VERY GOOD RUN

AHRC for many years provided a sounding board for owners across America to express their opinions regarding one of the most common major investments a person can make – purchase of property and/or a home.  Yet often this purchase is tied to a contract involving a system of management and government which provides untold opportunities for the dishonest and unethical.    AHRC was instrumental in educating buyers and sellers as to some of the pitfalls of owning property in a Common Interest Development.  AHRC cautioned people to think very carefully about investing in an organization where you give up many of your rights and must abide by decisions of fellow owners whether or not they had the experience, education, or even basic integrity for the position.  [Frankly, I am almost to the point of believing there should be some form of competency examination.]

Ahhhh, memories, …just think how much we as owners have benefitted from the efforts of so many others who refused to idly set back and watch corruption flourish in their Associations and communities.     The law is continually updated and new laws written in an attempt to close the “grey areas” in which so many without ethics or morals seem to operate.   They play, the public pays.  What a sweet racket for the dishonest.  Well goodbye AHRC and all of you affiliates across the nation – you served well and encouraged others to stand up and oppose those who prey upon the innocent.  Caveat emptor my friends, “Buyer Beware”.   Yup, everything has its time but inevitably dies giving birth to something else.

GIVE THE GOVERNMENT PROCESS A CHANCE

SO ANYWAY, I had intended not to post anything while waiting for some kind of public acknowledgement as to what may or may not result from the Grand Jury referral of information to the Mariposa County District Attorney’s Office.   I was very disappointed about AHRC and its other affiliates but had already scheduled the “down time”.    I had someone redirect the site information and put together this basic website that will hopefully get better as I learn the software. 

Unfortunately, the stepped-up unethical activities by others has caused me to re-evaluate this course of action as it only seems to encourage even more outrageous behavior by those with apparent and absolute contempt for law, regulations, and appropriate public behavior.   

Question:  Why does this occur? 

Answer: Because law and regulations conflict with what they wish to achieve.

Why a Recall now?

Answer:  Who knows, but evidently this small and organized group is quite concerned about the distinct possibility that a board vacancy may open due to some sort of misconduct or criminal activity of a sitting director.  Not just any director, but one who has unequivocally supported real estate and land development interests in this area for a long time.  Naturally, that in itself is not inappropriate, but when it is contrary to the majority of owners/customers interest and violates the law, we have a problem.  

WAIT JUST A MINUTE THERE…

Rather than taking the position, as the former LDPOA Board did by not aggressively campaigning against the first “cartoon recall” by Thomas Porter and  hoping the community would see through the sham,  I refuse to step back and watch this group once again deceive and confuse this community with their all too familiar propaganda.    I realize this information only reaches a small number of customers and that the most promising hope for this community was the NEW DISCOVERER but I also know it was conveniently turned back into a minimal newsletter devoid of important issues affecting this community by this same group.

SAME OLD MODUS OPERANDI (Method of Operation)

Established rules are obstacles to their plans of personal and business financial gain.   They cannot defend their past activities or current erratic positions with truth, logic, or the facts so they resort to board meeting disruption complete with personal attacks, false accusations, and outright lies hurled at those who do not agree and question their activities.  

Question: What is their position again?

Answer:  Demanding special benefits for themselves that are simultaneously detrimental to the district and the overwhelming majority of ratepayers who have little knowledge as to what is happening within a Community Services District they must financially support.

 [Side Note: I still find it absurd that “out of area owners” pay availability fees for future water yet usually cannot vote in district elections due to voting registration requirements of the respective counties, while at the same time others here locally are considered within the district boundary and CAN VOTE even though they receive NO WATER and DO NOT PAY a thin dime to help support this CSD. 

Does it make sense that non-stakeholders vote in district elections?

WHAT DOES THIS GROUP REALLY WANT?

Well, let’s start off with what they have already proven they do not want:

They do not want directors who take the time to read the water related periodicals like CSDA (California Special Districts Association), ACWA (Association of California Water Agencies), RCAC (Rural Community Assistance Corporation), etc. and participate in FREE online training classes to better educate themselves regarding water related issues.

They do not want directors who take an interest in what MID Water License 11395 states about where Lake McClure water can be legally used. 

They do not want directors who question unethical behavior or misconduct by others, especially a director they steadfastly support.  [The audio tape of that “rent-a-mob” (or SO GOSIP- Same Old Group of Special Interest People) meeting clearly documents the crowd yelling they did not care that Vicki Keefe may have violated CSD policy…..”WE CAN LIVE WITH IT!”]   

They do not want directors who ask questions about the many years of significantly under billed water consumption at the Lake Don Pedro Waste Water Facility that just happens to serve Tom Porter and/or The Deerwood Corporation’s golf course, residential, and unimproved properties around the course.  [A county designated special benefit sewer zone.] 

THEY WANT WHAT?

They only want directors who will “rubber stamp” whatever flavor of the day water resource they require for their property concerns. 

They want directors without the integrity to stand up and say “NO”

They want directors who when told to “JUMP!” – only ask “how high?” while hovering in the air.

They want complete domination and control over this area for their financial benefit.

They create dysfunction and turmoil at meetings with spurious accusations and insults then claim recall of their “director targets” as a reasonable solution to the controversy.

NOT ALL WHO OBJECT ARE DISCOURTEOUS

Please do not confuse honestly presented information, even if emotionally augmented, with being in the aforementioned group.  There are many customers (and potential customers) who have made good arguments before the board that were passionate, articulate and well-presented without disrespect to anyone.    Most obey the opening meeting request to use the podium and have the fortitude to address the podium properly and state their case even though public speaking isn’t all that enjoyable for most of us. 

They don’t sit in the audience from the comfort of their chair barking comments, insults, and accusations choreographed just at the right time to interrupt and distract from another’s recognized turn to speak.

THE GRAND JURY RECOMMENDATION

“Board members should stop publishing documents privately (e.g., blogs) that do not promote or represent the Districts interest as a whole.”

Two sitting directors currently have blog web sites (another a “Ranching in Don Pedro column in the Foothill Express), one website is filled with a host of “anonymous comments” with accusations, nasty inuendos, and absolute lies.  The other is LAKEDONPEDRO.ORG where I (Lew Richardson) do not hide behind “anonymous” (any mouse) spewing hatred and disrespect for regulations, the law, or other individuals.  I stand by what I write and always will.   

The Grand Jury obviously does not appreciate the fact this community has suffered from a lack of accurate and unbiased reporting for many years and this failure continues today.  

How could any legitimate article about a public business meeting of the CSD leave out the little fact their Foothill Express author Mr. “Ranching In Don Pedro” Emery Ross himself, in yet another public display of childish tantrums and lack of control, tossed the gavel across the board table and resigned? 

NOTE: For those of you at home keeping score, I count three separate resignations thus far by Mr. Ross (but of course the day is still young):

1. As a director completely immediately after being elected in 2005 without even attending his first official board meeting,
2. March 21^st, 2011, as president, when he tossed the gavel,  and,
3. May 9^th, 2011 upon recommendation of the Mariposa County Grand Jury after an interview with the CSD Board and GM on May 5^th, 2011.  

The descriptive title “Resignation Ross” appears to have been earned.   

Is truthful information about the conduct of your elected representatives in the “Districts interest as a whole?”  I believe so.

 PLEASE LEW! NOT SUCH LONG BLOGS!

I’ve been advised many times by viewers that they would prefer to have multiple short blogs rather than rambling novellas, so, with that suggestion in mind, let’s put this one to bed by returning to the initial subject:

Question: Why have I spent so many years writing about the Lake Don Pedro community?

Answer:  ANYTHING VALUABLE REQUIRES PROTECTION

 

My best to you and yours, Lew

 

— NEWS FLASH —

Evidently yesterday there was a “Recall Bill and Lew from the CSD Rally” at (of all places) Tom Porter’s Deerwood Corporation sales office on Merced Falls Road.   The WHO’S WHO of the Special Interest Fan Club were present along with people who were curious about Porter’s second recall of a duly elected local board. 

IF ANYONE attended this meeting in hopes of hearing some truth, well, you were misled once again by the same people and for the same reasons.

COWBOY UP EMERY

It is no secret that Emery Ross has wanted to be a Mariposa County Supervisor for some time now and desperately hopes name recognition will somehow springboard him into such position someday.  Apparently it is immaterial whether that name recognition is positive or negative. 

I have been advised on good authority that Emery Ross at yesterday’s meeting indicated he would run for the Mariposa County District II Supervisor position because…….(are you ready for the newest Emery whopper?) 

I was planning on running?  

Seems to me this little cowboy has instigated yet another unnecessary stampede and trampling of the truth by the ever gullible Porter Supporters with yet one more piece of false information.  In other words,

“Resignation Ross” is full of what his bovines routinely deposit on the ranch.

 

FIGUEROA IS RUNNING!

NO – LEW RICHARDSON IS RUNNING!

WAIT! WHO IS THAT IN THE SHADOWS BEHIND THE TREE?

 ARE THEY RUNNING?

You know, it was just a couple of meetings ago when Mr. Jesse Figueroa addressed the board concerning his request for emergency fire suppression water for a development he would like to pursue at the intersection of Bonds Flat Road and HWY 132.   During Figueroa’s presentation I found it totally inappropriate that Emery Ross would have the audacity to question him about whether he (Figueroa) was considering running for the District II position.   

WHAT?

What did that have to do with Figueroa’s request for water service?

What did that have to do with district business?     

What business is it of Emery’s what that gentleman’s political aspirations may or may not be?

Why did Emery run for the CSD Board and then the SDRMA Board in Sacramento?

Emery Ross appears to be more concerned, to the point of paranoia, that someone might challenge his dream position of respect when he should be focused on some of the serious problems his “leadership” has created here at our CSD and where he has already taken an oath of service.    

More later.

MBTYAY, Lew

 

Well, I don’t know where the nest is but I have at least one Owlet in the Leland Cypress “forest” just a little bit larger than my closed fist.   When I first approached the trees I thought there may have been another but it was difficult to discern with the numerous birds flying around in a localized area.  Here’s what happened. 

A Blue Jay had been screeching for some time in the tree and I recognized other “bird talk” in the same immediate area.  Through the Jay’s continuous protestations I heard the traditional  chatter of Hummingbirds, as when they attack and chase each other off at the  feeder;  the alarmed or panicked chirping from various smaller birds (Nut Hatches and sparrows), and one infrequent but clear voice that resembled the screech of Owlets I had heard while viewing  Youtube videos.

EAVESDROPPING ON NATURE

Pretty cool actually.  People put cameras in their Owl Boxes to monitor the nest resulting in documenting some pretty amazing behavior of adults and their young.  Because Owl eggs do not hatch all at once there are incremental ages and sizes within the brood.  Recall the drawings, paintings, and photographs of a parent Owl on a branch with a family of little ones in descending order of height and size?    These “Owl Box” videos also provide a rare glimpse of the more shocking aspect of animal life and death while simultaneously providing the opportunity for us to pause and contemplate our own existence in this miraculous circle of life. 

THERE IT IS

Anyway, I began looking through the trees where all the commotion was (into the Sun of course) and sure enough, there it was perched on a Leland branch about 15’ high, huddled next to the trunk of the tree.  Absolutely beautiful, dare I say, adorable.  Could almost inspire thoughts of holding such a cute, wide eyed, almost fuzzy creature in your hands close to your face for a better look, that is, until the thought of having a portion of your lip, nose or ear removed reminded you it is a wild animal.      

BOMBS AWAY

Have you ever seen an Owl expel a “pellet”?  The pellet is composed of undigested fur, feathers, bone etc. that is regurgitated after feeding and digesting the parts of the prey it can absorb.   I was working with a power saw under the Leland trees once and this Barn Owl was perched above my head about 12’ on a branch with one eye slightly open sleepily monitoring my work.  The noise didn’t seem to bother him one bit.  Between cuts with the saw I heard this “plop” next to me. Yup, a fresh wet Owl pellet on the ground next to my boot.  I looked up in time to see just how wide an Owl’s mouth is when it expelled the remainder of the first pellet.  I could not believe my eyes.  An Owl’s mouth is huge!  Just under that motionless face and sharp beak is a gigantic cavern dedicated to capturing, transporting, and processing prey.  Kind of like placing you index finger to your thumb (Owls mouth closed) then opening your hand as wide as you can (mouth open).

BIGGER THAN THE BARN OWLS

This little guy looks like it is related to the Great Horned Owl family.

NOTE:  IF THE PHOTO APPEARS “STRETCHED”  JUST LEFT CLICK ON IT TO VIEW (ARROW BACK TO GET OUT) 

OWL IS APPROXIMATELY IN THE MIDDLE OF THE PHOTO

  

 

 

KNOW THE PARENTS

I’ve seen the parents around here for many years in addition to the common white faced Barn Owls for whom I intended the newly constructed Owl Box.  So anyway, here’s this small Owl huddled next to the trunk on a branch with those enormous big eyes wide open.  Although they may rule the area at night Owls need their day rest and he was getting none of that.      

NO WONDER MORTALITY SO HIGH

I can see why Owls have such a high mortality rate in the wild (1-2 years although if “protected” can live much longer).   There were 5 (Five) Hummingbirds flying around its position in tight patterns; several larger sparrow type birds aggressively approaching its position and withdrawing;  and this big Jay only inches from the Owls face on the same branch forcing the Owl to cower and cringe against the trunk of the tree.   I believe the choir of aggressive chattering, screeching, and chirping was due to the recognition that this was a young predator and the various other birds wanted the Owl to leave the area likely in an attempt to protect their own families.  [Based on their normal feeding and flight patterns I’m almost positive the Hummingbirds have nests in those trees as well.]

Although I never actually observed the Jay physically touch the Owlet its beak came pretty close a few times while it pecked at the huddled and intimidated young Owl.  Eventually the Owlet flew to my neighbor’s tree with a squadron of various other birds hot on its tail in pursuit.   This morning it was back in the area, doing what Owls normally do.

Well, I need to get back to work, just wanted to take a break and share yesterday’s Owlet experience.

My best to you and yours, Lew

 Here’s a link to some interesting facts:  http://www.oregonzoo.org/Cards/BirdsOfPrey/greathornedowl.htm

TRANSCRIPT OF AUG 26^TH CSD MEETING

AGENDA

1.    CALL TO ORDER: Presiding Officer: Establish Quorum, Pledge of Allegiance

2.    DISCUSSION / ACTION:

a.   Grand Jury Report (2 hours)

        Request – Response to the Grand Jury

3.   DIRECTORS COMMENTS:

Any Director may address the board on any item of interest that is within the subject matter and jurisdiction of the District.  Generally no discussion or comment by other Board members should be expected on non-agenda items, except to properly place the matter on a future agenda for review, discussion or action as appropriate.

4.   ADJOURNMENT

NOTE:  Page two (2) of the thirty-one (31) page Board Packet contained the following information from Board Secretary Charise Reeves to all Directors:

 In the event the Board is unable to agree on a response by the August 29, 2011 date specified in Judge Parrish’s letter, District legal counsel has advised that the Board could authorize the District legal counsel to send a letter to the Court explaining that under the applicable Penal Code provision the District has 90 days in which to respond to the Final Report of the Grand jury rather than 60, and that therefore the District’s response is due on or about September 26, 2011.

Verbatim transcript of:

Special Meeting of the Board of Directors

Lake Don Pedro Community Services District

9751 Merced Falls Road

Friday, August 26, 2011 at 10:00 a.m.

 

Prepared by Lew Richardson from a digital audio recording

(NOTE: BOLD FACED material will be addressed and/or corrected later under separate Blog Posts)

 MEETING TRANSCRIPT:

President Vicki Keefe:  The Special Meeting for ah the Lake Don Pedro Community Services District Friday August 26 at approximately 10:09 is now called to order ah, let’s establish a quorum, Vicki Keefe here.

Director Emery Ross:  Ross here.

Director Mark Skoien:  Skoien here.

Director Bill Kinsella: Kinsella here.

Director Richardson: Richardson here.

President Vicki Keefe:  Ah please also note that ah Charise Reeves is here, the ah Financial Officer and Dan Tynan the GM.

Director Ross:  Interim

President Vicki Keefe: Interim GM, excuse me.  Ah, Emery would you lead the Pledge of Allegiance for us?

Director Emery Ross: Ah certainly.   (Pledge of Allegiance – 18 audience members)

President Vicki Keefe: The first and only thing on the agenda is the ah Grand Jury Report, the response to it, ah, we do have a response that the board had requested at a prior meeting to have the district attorney respond for us in this legal matter. 

Public Member:  District attorney?

President Vicki Keefe:  I’m sorry the ahh, (laughing) ah yes, the district’s attorney.  Sorry, Ah, OK, ah, do I have a motion to accept or not accept?

Director Ross:  Madam President I’ll make a motion that we accept the Grand Jury response as drafted by the ah our legal counsel and get it to the Grand Jury today, immediately, in a timely manner.

President Keefe:  Do I have a second?

Director Skoien:  I’ll second it.

President Keefe:  Any discussion?

Director Kinsella:  Yeah, the Grand Jury sent the repor….information to the board, not to the attorney, if we don’t have guts enough to reply on our own it should not be sent to the attorney for a third party input, the attorney was never present during the ahh, all of these meetings and his responses are superfluous and should not be handled.  There also is an issue here on page 37 of the Grand Jury Report, it says that not all issue, not all facts…let me read this thing…

Charise Reeves: That is, that is on page 24 of the packet

Director Kinsella:  Ok, page yeah,  “A portion of the findings, not included in this report, have been turned over to the District Attorney”, until we get a reply from the District Attorney as to what actions he is going to take we should not even consider adopting this report.

President Keefe:  Mark

Director Skoien:  That, anybody that has any questions about this report has had time to put his input to Raymond, and that thing is not part of this report that’s why it says it went on to wherever it went, it has nothing to do with this response.  That, that’s not going to be over in 60 days so how can you wait for it?

Director Kinsella:  It could be over in 30 days.

Director Skoien:  30 days from now which makes it late on our response. 

Director Kinsella:  It would make, it could be over in 30 days from the day the district attorney received it.

Director Skoien: OK, but it

Director Kinsella:  I’m not going to argue with you on it Mark.

Director Skoien:  But I’m just saying it’s not over so how can we wait for it and respond on time?  And it’s not part of the report.

Director Kinsella:  If the District Attorney, if the District Attorney decides to do something that could –

Director Skoien:  (Interrupting) It has nothing to do with the response to this report.

Director Kinsella: Why don’t you let me finish what I had to say?

Director Skoien:  Well you didn’t let me finish so I thought that that was the rule.

Director Kinsella:  I’m not even going to bother with….                              

President Keefe:  Any other comments?

Director Ross:  Ah 15 years Public Agency, we had many of these Grand Jury inquires, Betsies 30 years, many Grand Jury inquires.  We’re a Special District we did not answer this, we’re not lawyers, the attorneys always answer this stuff, we gave them input like we did here, they answered it, that’s it.  We don’t, you know, very foolish to think that we could answer this.  Now the one last time was simple they directed me and just, all it said was we’d be more professional, I mean I wrote that big deal.  It said be professional, I said we will. That’s it.  These these findings are complex this board will never agree on these findings and recommendations you see what Raymond put in there its way to complex that’s the reason you have a third party do it somebody who understands what Judge Walton is thinking when he reads this stuff.  Ah, we’ve already got,  I’ve been told, three at least ah Grand Jury complainants for next year, so, you know, we have plenty of time next year to play but we should get this over with now.        

President Keefe:  Well, I ah, remember that ah that when we decided and voted to send this to the ah attorney that ah we were all told we could have our comments and forward them to him.  Ah I tend to agree with you I think the attorney ah should handle this. And if there are any, are there any other comments before I go to the floor?  Yeah.

Director Richardson: Yeah, OK I’m going to read this because I don’t want to get tangled up in the moment, so this is for The Record and I will supply you a transcript

Board Secretary Charise Reeves:  OK

Director Richardson:  ….electronically so you don’t have to do it.  Mr. Raymond Carlson’s response to the Grand Jury is very well written, however, I still believe it was a responsibility directed to the Board of Directors who participated in the Grand Jury interview on May 5^th because, after all, Mr. Carlson was not privy to the conduct of, or answers by, particular directors.  Responses to Finding F-9 that the Board of Directors lack knowledge of policies and procedures, and F-10 that the Board of Directors violated Ethics policies may have perhaps been more enlightening if answered by those who participated in that interview which resulted in recommendation R-3 that Director Emery Ross resign as president and Conclusion C-8 that a portion of the findings be turned over to the District Attorney for possible prosecution. 

[CLARIFICATION NOTE:  The actual Grand Jury statement read:  “The President of the Board should resign as President….”.  Although Emery Ross’s name was not mentioned in the report he did attend the Grand Jury interview on May 5^th, 2011 as the District Board President.  Ross resigned on May 9, 2011 four days after the Grand Jury interview with all directors and the General Manager.  This resignation should not be confused with his first resignation as president on March 21, 2011 and subsequent re-election at another board meeting by himself and Directors Vicki Keefe and Mark Skoien.]

I am also concerned as to why Judge Parrish apparently shortened the normal 90 day answer period to 60 days.  Any response at this time would be premature considering a District Attorney criminal case, initiated by the same Grand Jury Report, remains unresolved.  Related to this are questions as to whether district funds have been utilized for criminal legal representation by one or more directors who acted outside the scope of their official capacity.  These questions remain unanswered and reimbursement of district funds remains a distinct possibility. 

You know, you’re right the three of you were the ones who decided to have the attorney do it and I can understand why because evidently two of you are the sus  subjects of the Grand Jury investigation.  I think it highly improper that you even have a vote in this matter.  Ahm, you folks have no idea what happened there – just as the community has no idea of what happens in these meetings.  They don’t know that a president lost his temper threw a gavel across the table and quit, and then later was advised by the Grand Jury to resign.  I mean, this is ridiculous, all this was unnecessary if Item S back in February 22 was addressed.  All you had to say is well let’s look at it, OK we looked at it we don’t think it reached the level of having to do anything, we investigated, its over.  That would have been it. It would have all been over – done, but instead, the three of you took the position to conceal wrongful behavior resulting in the Grand Jury investigation.

Director Skoien:  What are you talking about?

Director Ross:  What an absolute lie.

Director Richardson:  OK, alright, we shall see. 

Director Skoien: First of all, who concealed what?  I mean, your’re, I don’t…

Director Richardson:  You refused to investigate the allegation that there was misconduct by a director.

Director Skoien:  Well I don’t know if you could say I, I personally refused to investigate, am I, is that my job?

Director Richardson:  You voted for it.

Director Skoien: You two seem to think that investigation is your job

Director Richardson:  Oh certainly not

Director Skoien: …and you you couldn’t do it well enough (gavel bangs) when you supposedly got paid to do it so now you think you can do it (gavel bangs) here. 

(multiple voices)

Director Richardson:  Oh, oh, that’s a good one

(cross talk – multiple voices)

Director Skoien:  and this and this would have never ended

Director Richardson: And you are the one (gavel bangs)

Director Skoien: because you’re on the board (gavel bangs)

Director Richardson: And you’re the one speaking about interrupting.

President Keefe:  (gavel banging) Gentlemen, gentlemen, please one at a time.

(Background talking)

Director Richardson:  Again as I would remind Director Skoien talking about interrupting other people,  that is exactly what you just did.  Now going back to item S, that was a simple thing to do, it was a simple, simple thing to take care of  but the three of you knew exactly what was going on behind the scenes and you did everything you could to conceal it.  Well guess what?  Mr. Ross, your statement that the Grand Jury wouldn’t do anything was absolutely wrong.

Director Ross:  Previous question, previous question –that cuts off all (inaudible)

President Keefe:  Ahh, well I think you’re…

Director Ross:  (inaudible) respond to the previous question

(inaudible)

Director Kinsella:  Point of Order, I think

President Keefe:  We’re going to go to the public

Director Kinsella:  You can’t go to the public they’re not listed here not on the agenda

Charise Reeves:  Public Comment…(inaudible) on the agenda

(Multiple voices)

Director Keefe:  Read the Brown Act

Director Kinsella:  Because you apparently are the object of an investigation of the district attorney’s office I don’t believe you should vote, you should recuse yourself.

(Multiple voices)

Public: How do you know?

Public:  How do you know that Bill?

Director Skoien:  That is not included in this report what are you talking, it’s not included in here Bill its not something – we’re voting on his recommendation.

Director Kinsella:  I don’t have, I don’t have to answer to anybody, I made the statement to Vicki.

Tom Porter, [President of the Deerwood Corporation]: (Interrupting from audience): You have to answer to all of the homeowners and…

Public: Ratepayers

Public:  Exactly

Tom Porter: …..property owners in this community Bill remember that

Director Kinsella:  I remember an awful lot.  I’m not the only one that’s, that’s aware of that.  Most of the people in this community are aware of what’s going on.  I’m getting telephone calls from people I’ve never even talked to wanting to know what the hell is happening.  Now there’s a problem there and I think to remove any any doubt Vicki should recuse herself.  And It’s not, it’s not me that made this statement other people have made statements including 

Tom Porter:  You’re speaking to me I think that all of us came here ah to to observe and so far its a circus and my belief is that we should be able to speak.

Director Kinsella:  Mr. Porter, Mr. Porter the majority of the meetings that we’ve had here in the past six months have been a circus so I agree with you there.

(multiple voices in audience agreeing)

President Keefe gaveling

Clem Brown:  And you two have been the clowns in the circus

(gaveling)

Director Richardson: Oh Clem please, (Gaveling)

President Keefe: Please, this is going to go to the public and then it’ll come back to the board for further discussion if you’d like to speak

Director Kinsella:  Say again?

Board Secretary:  You have to go to the podium

President Keefe:   If you’d like to speak go up to the podium

Director Kinsella:  Let him

Kathy: Here we go again, this is appalling, my name is Kathy Agee, everybody knows me, you know, I’m bringing this in to what you guys are talking about ahum, and I’m just going to make this statement and I hope that you guys will just you know, Lew just give me a chance to talk don’t say this isn’t regarding  this it is, it will fit into it, just give me some time with this.  Bill at the last meeting you showed deep concern looking into some calls that were made by Vicki to the District lawyer and you indicated that these might be personal calls and that Vicki should pay for them ahh, and you said that you thought the ratepayers should not pay for them now I find that this statement of your concern for the ratepayers is less than sincere.  If it would not have been Vicki, Vicki doing this it wouldn’t have been brought up or so important in my opinion. Let me finish please, I know you want to respond to this and I hope you do.  But the reason being, that I feel this way is because the Board was given a lot of evidence of waste right down to the point of hundreds of phone calls and set in front of you as you, Bill and Lew, took those packets and just threw them up there on the edge as if you were not concerned.  That concern should have been equally you should have showed a lot of interest in that equally but of course Vicki’s name wasn’t on that. So I think anyone in this audience that’s been to any meeting can see what’s happening here.  Your vendetta your dislike for Vicki has consumed you and Lew to the point that you have not been representing us the ratepayers it has been focused on Vicki.  So you have not done the best of  your ability to represent us and at this time I am requesting that you both consider resigning from this board which would be in the best interests of this community.  (applause)

President Keefe:  Does ah anyone else want to speak?  Please come up to the podium.

Tom Porter:  It’s nice that ah Kathy came and spoke ah, I think that ah, we all know, oh and by the way my name is Tom Porter and I represent the Deerwood Corporation, ah we have a country in deep, deep trouble I’ve stated that before and here we come I used to think that the ah smaller the ah element of government the better it was.  Don Pedro seems to want to fight all the time.  We had a ah ah fight over at the homeowners’ association and had to recall all the all the members of the board.  Ah, and ah, and now it’s very smooth.  I met with one of the ah board members over there last night I spent three hours  with them it’s very smooth over there.  So, I don’t know where the trouble comes but ahh what we should do is try to do something to promote good will in the community and ah get off of these little tangents that really don’t mean anything in the whole total picture.  What we’re here to do is not to have meetings and argue out, whole reason for being is to serve people with water that’s the whole thing we’re supposed to be doing.  Serve people with water.  Ah and ah, I unfortunately didn’t attend the Grand Jury hearing ah and I do miss some meetings I ah have other offices ah but ah I certainly know that what I saw here this morning and I would second what Kathy has said ah Bill and Lew you should consider resigning.  If you don’t consider resigning then I personally will look into the idea of recalling the board ah, and that’s not a threat that’s just something I do intend, and I ah, I, I want a smooth running board that will serve water and ah, serve the people of this community and I support what Kathy Agee said and I also will ah put together a committee to to look into the idea of perhaps recalling the Board.  Ah, and  try to get somebody who ah, you know (laughing) you don’t make any money on this thing,  its just hard work but why should we have hard work and a bad time doing it?  (Laughter)  So, I say cheer up and let’s get past this thing and let’s do our jobs.  That’s what I have to say.  (Applause)

Director Kinsella:  We knew it was going to happen.

Harry Alfier:  Hello, my name is Harry Alfier and um I’d like to address something in the Grand Jury Report, that I found sort of interesting regarding ah, I think they were talking about Lew’s Blogs basically that its probably not appropriate for a sitting board member to ahh, and I see Raymond’s response is basically relying on the First Amendment, but I found something interesting I happened to look at his blog the other day and its regarding the under billing to the sewer plant, the county basically, and the fact I guess that the district never charged them for the original meter, and of course Lew decides that that’s some kind of conspiracy that all the people that live down around the golf course that they must have been  somehow been in kahootz or you know, that they’ve been receiving some kind of benefit cuz we’re a special benefit because cuz it has the word golf course in it.  And to me its just another example of Lew playing with the facts, you know, fast and loose with the truth.

(Laughter)

Director Richardson:  Coming from a special interest

Harry Alfier: Yes, special interest all us real estate and golf course people you know we’re the scum of the Earth I guess

Director Richardson:  I never said that

Harry Alfier: I would have to agree with Mr. Porter and Kathy that ah it’s quite obvious what’s going on with Vicki and ah Bill and Lew here its nothing more than a vendetta I guess they blame her from getting recalled from the association board when it was no ones fault but their own. And ah I’d like to see the community support Vicki and ah maybe call the district attorney and let him know what’s really going on down here that this is nothing more than a vendetta.  Ah, two, two gentlemen that ah seem to have problems getting along with most people and ah put a big bull’s eye on Vicki.  Thank you.  (Applause)

President Keefe:  Are there any more comments?

Ruth Smith:  My name is Ruth Smith, and ah, Bill I have worked with you for many years on the board and on different committees and you were always (clears throat) excuse me, always level headed and and um, saw the right thing and saw good in people I don’t know what’s happened.  Um, you made the comment, ah, when ah, when Vicki first got on the board that you would have her off of here within 30 days. 

Director Kinsella:  Say that again?

Ruth Smith:  You made the comment, a remark, that you, that when Vicki got on the board that you would have her off in thirty days and its, its sad that this community has come to this that um that we have to take things to the Grand Jury to settle our problems ah, things could have been handled without going this far.  Ah, another thing is you keep saying Vicki.  Vicki and Emery I read that Grand Jury Report I didn’t see Vicki’s name or Emery’s name in there anywhere.  Ah, but everybody just seems to assume that its Vicki and Emery. Ah,  I’ve been coming to almost all the meetings and  it has been nothing but ah turmoil and a hassle at the meeting ah its, you, I can’t see that you’re doing anything for the community except arguing and fighting an and I think that’s sad.  We need to have somebody on this board that can work for the community and give us safe good drinking water.   (Applause)

Wes Barton:  I talk enough around here, but you know. I had to load this room up when I was trying to be censored, so that people would vote against the censorship doesn’t matter whether right or wrong just so the impression would be there.  Ah, Jason had to load the room up when he was ah ah about to lose his position to the secretary.  Some of you may not know what I’m talking about but a lot of people do.  Cuz the secretary was going to be made the general manager.

Board Secretary:  Not me!

Wes Barton:  Ah, no, no, not you, I’m not talking about you.  Ah, when we tried to raise prices and we tried to share the prices across the board, the room was loaded up with people that didn’t want the unimproved properties to be charged.  Ah, you can go on and on and on, frankly as far as I’m concerned, there isn’t a single person up here that should be on the board.  Not a one.  So I’m not playing favorites on any of them.  But you’re criticizing and you are saying that we shouldn’t play these games, that we should be in favor of ah, of ah Vicki and be against these two, and I’m saying the whole bunch has grossly failed the community.  The board before, grossly failed the community, and I was on it.  The board before grossly failed the community ah, it goes on back, I’m not sure how far back it goes OK

Tom Porter:  You’re not old enough (laughter)

Wes Barton:  but it goes way back OK  (multiple voices) and anytime you have an organization that doesn’t know what their job is, and a vision, Tom you ought to know this you run a big business, if you don’t have the the all of the stakeholders focused on the same vision it ain’t going work.  If you don’t have processes in place to make that vision happen it ain’t gonna work.  If you don’t have people trained to live and do those processes and have that vision it ain’t gonna work.  We haven’t had a single board, we haven’t had a general manager and I’ve probably gone for four years and I’ve missed almost no meetings and believe me, you folks out here haven’t been to all the meetings that I’ve been to.  We haven’t had anybody that understood that concept, those three steps I just talked about, not a one of them understood it, OK?  Let me tell you there’s a lot of blame to go around here, lots of blame.  And so, just keep all that in mind.  (Applause)

(Multiple voices, inaudible)

Wes Snyder:  Wasn’t going to, but I am.

Wes Barton:  I’ll be out of your way Wes.

Wes Snyder:     My name is Wes Snyder which all of you should know by now, I’m not going to berate this board they know what they’ve done wrong and what they should do, but when I went to the board the other day and made a couple of simple requests, I asked them to appoint a person or a committee to oversee MID’s relicensing to build the dam I made that request and it was not done.  I also made the request that they ask the secretary to pull up the license, the old license to build the dam and the original contract of the water company with the district, made that request of them and this was not done.  And with those two things you’ve got to have in your possession if you go up there to that board and say you want to talk about something.  Now what I’m talking about is the license to build and  operate McClure and McSwain Lakes and the dam states there will be water stored behind that dam for the subdivision as Boise Cascade develops it and a golf course.  Its right in the license, its spelled out.  Now I believe with that in there and with Bean Creek and different waters coming into that lake that we should not have to buy that water, we may have to pay the farmer rate down there and offset a little power generation, but I believe we have water in that lake and according to those contracts there is 5,000 AF with this subdivision.  And I believe that 5,000 AF should be able to be pumped out of that lake with our intakes at no cost to us to MID.  And I wanted to get on the board and a committee when we done the last contract and the board told me no they had an attorney that would take care of it well he took care of it alright and you’re the ones being hurt by that right now.  I believe they should appoint one person or a committee to look at the old contract to look at the original contract  with the water district and MID and to regenerate something, a committee or something in there to get it back on the agenda and get our existing contract reduced.  Now the other one I believe that this district due to the fact the golf course is listed in there for water, to be able to bring that water out of the lake pump it for power, charge 10% for wheeling it and deliver it to the golf course.  I believed that from day one and I believe it today. 

President Keefe:  Thank you Wes

Wes Snyder:  That way the golf course can get a fair rate for water.  Thank you.

Charise Reeves:  That, I do believe that will be an agenda item on the next regular meeting it was requested by the Directors in response to this.

President Keefe: Alright, if there are no further, oh I’m sorry, go ahead Betsie.  It’s going to be on the  agenda Wes.  (Applause)

Betsie Ross:  Well I wasn’t going to speak, I’m Betsie Ross,  I wasn’t going to speak but I just, because of some things Mr. Barton said I wanted to make some comments.  And I know that there’s been a lot of disagreements on the board meetings aren’t always pleasant when they happen, however you have to look at perspective I think.  And starting about a year ago the board really dug in um, they ah, made some changes to ah personnel, to policies, there are, you don’t see water running down the street anymore, there’s not all these leaks, there were 50 leaks a year ago now you hardly see a leak Dan gets on them right away.  We stopped all this water there was a river running down towards Merced that they managed to get that stopped.  Ah I think the drinking water here is safe and clean.  The plant expenses have been brought down because of ah the changes in the way they run the plant at night  during off peak there’s been a lot of reductions in expenses.  The board did have to increase water rates because there had been no incremental rate increases all along the way the rates hadn’t gone up in years, and there should have been little rate increases every year but there weren’t so the board had to make one big rate increase last year which brought the district now so it is financially stable again.  The prior boards had gotten loans and spent money on all kinds of stuff some of it was valid as the Grand Jury response said but ah but you know there wasn’t a lot of money here we were running out of money the board turned that around with the rate increase and through keeping expenses down.  I think if you look at the big picture this district is not in complete disaster we’ve got safe drinking water, it’s a little bit expensive but at least you’ve got water and you can’t have wells here, it’s safe water, there’s not a bunch of water loss leaks.  That’s all I have to say.  (Applause)

President Keefe:  Now I’m going to bring it back to the board no more comments.  OK, Ahhm, I love how certain directors make statements like they’re fact and certain directors decide they know more than the attorney.  I think we would be foolish not to follow the attorney’s recommendation.  And in regards to the February 22^nd the reason that the board did not discuss it in an open board meeting is because it had to do with personnel and any director could have called a closed session but that was neither here nor there and gee Bill you ah wrote to the Grand Jury about me before I was even elected.

Director Kinsella:  What are you talking about?

Vicki Keefe:  Interesting. Anyway that’s all I have to say..

Director Kinsella:  Now wait a minute now…..you made a statement so back it up.  Just like every other thing that you have accused me of you don’t have any proof.

President Keefe:  Oh I do.

Director Kinsella:  Oh? Bring it forward.

President Keefe:  I will.

Director Kinsella:  OK, bring it, when can you get it?

President Keefe: I don’t have it its at home

Director Kinsella:  You want to take a recess and go home and get it?

President Keefe:  No, I don’t have the time to bring it.

Director Kinsella:  No?  You don’t have it.

President Keefe:  Right.  Ah, any other comments before we vote on this?

Director Kinsella:  Yes.  I have a comment for Ruth and I have a comment for Kathy.  Ruth, when Vicki was elected to the board I never said anything to you about Vicki the only time I knew that you were around is when I acknowledged you at these board meetings, so that statement that I was supposed to have made was wrong.  Kathy, you can turn around and you can ask Wes to confirm what I am doing.  Every time there has been a query on the attorney’s ah bill I made points to find out what the attorney bill was for.  I never accused anybody I asked questions.  There were questions that on the attorney’s bill regarding Vicki and the Grand Jury that’s fine.  I’m not accusing anybody I asked the questions she never,  I never got an answer.  I continue to ask questions I don’t care who it is.  It could be Lew, it could be Mark, it could be Emery.  The question is there.  Your spending money that doesn’t belong to you and if it is benefitting you as a person then we should know about it and if you are using district counsel for your own benefit then you have to repay.  I couldn’t care less, Vicki and I are not friends and never will be but I do respect her opinion, I may not agree with it, but I do respect her opinion.  So that’s the bottom line there.  Mr. Porter, you said

President Keefe:  Ah, we’re on back on the discussion

Director Kinsella:  Yeah, well I’m , I’m answering questions

President Keefe:  That’s not appropriate

Director Kinsella:  Mr. Porter  you you suggest that I resign?  Ain’t going to happen. 

Thomas Porter:  Well,

Director Kinsella: If you, if you feel if you feel that I ah should be recalled that’s, that’s your prerogative but it ain’t going to be as easy as the owners’ association.

Tom Porter:  Well, who knows ah? 

Director Kinsella:  Mr. Porter I’m not arguing with you and just telling you

Mr. Porter:  I know you are not arguing with me, but ah Bill, I believe you need to do something to straighten your life out.  (Laughter)   You really do.  Every time I see, every time I see you it’s adversarial to me.  For example

Director Kinsella:   No, no

Mr. Tom Porter:  Wait a minute here, you were president of the board you went to ah to trials ah between me and another owner in this project

Director Kinsella:  wha, wha…

Tom Porter:  you showed up to those meeting routinely.

Director Kinsella:  Would you repeat that again sir?

Tom Porter:  You routinely went to ahh court hearings ah regarding a ah lawsuit ah and and sat with ah people who were opposing me in a lawsuit.  We subsequently won that lawsuit gee you even went to Fresno to the appellate court (apparent gaveling)  so  you you just make the point to ah to insert yourself in things that just have nothing to do with you and we did win the lawsuit Harry won, I won ah because they were wrong not not because it was me and Harry it was because they were wrong.   And so  I’m I’m just saying that ah actually what I feel is we have five people six people here very intelligent people all.  But why do we have to fight why do we have to shout at each other and why can’t we  say hey that’s a good plan let’s go with it or let’s provide a meeting and get a plan going – something, but don’t have a big arguing session and that’s all.

Director Kinsella:  Mr. Porter I would like to talk with you about that situation that you just referred to away from here, it has nothing to do with this meeting.  And I think

President Keefe:  Hurry up….(cross talk, multiple voices)

Director Kinsella:  and I think that once once we understand, once you hear my side I think you’re understand what’s going on, but to follow nitpicking, no I don’t do that.  I can’t.  First of all I can’t afford to I don’t have the time and I don’t have the inclination to do it  (gaveling by President Keefe)  And I don’t need a mother either.

President Keefe:  We need to get back on topic

Director Kinsella:  That’s fine

President Keefe:  Ah is there any more discussion with the board on this motion?

Director Richardson:  Yes, you know I keep hearing about the board is bickering and the board doesn’t get anything done but it seems to be from the same group of people making those claims.  What you don’t realize is that there are hundreds and hundreds of other people that don’t come to these meetings and they do rely on these directors to represent their interests (interruption from attendee speaking from audience chair)  would you please just hold your tongue and let me finish then you can get up there and speak.  Now, what you  people have (attendee still talking) time and time again have said, well we want people to represent the ratepayers, no you don’t.  You want directors to do exactly what you want for your best interests not the interests of the ratepayers (gaveling by President Keefe) or the district.

President Keefe:  Lew….

(Interrupting attendee speaking from audience chair- known to me as Johnathan Oden):  OK, now I’ll respond

Director Richardson:  Why don’t you get up to the podium?

Oden: (Refusing to address podium) You can hear me, you can hear me you little bigot

Director Richardson: Bigot?

Johnathan Oden: Yes you’re a bigot

Director Richardson:  Get a dictionary

Johnathan Oden:  You are all bigots I came up here because you guys hate this lady here, do you know what a bigot is?

Director Richardson:  I don’t hate Vicki.  I don’t hate Vicki.

Johnathan Oden:  Ahhhh  (multiple voices, gaveling)

President Keefe:  Come on or I’ll have to take a break, now we need to stay on topic.

Board Secretary:  We have a motion on the floor

President Keefe:  And the motion is on the floor and it’s to the board.  Any more discussion on the motion before we vote?   Alright, All in favor? 

Board Secretary Charise Reeves:  Lew, Vicki and Emery

Director Richardson:  Beg your pardon?

Board Secretary:  I’m just repeating whose saying aye

Director Richardson:  I, I  didn’t say aye (laughing)

Board Secretary:  I’m sorry, Mark, Emery and Vicki

President Keefe:  All those opposed?

Board Secretary:  Lew and Bill

Director Kinsella:  My opposition has been stated in the past

Director Richardson:  All they did is just brought more trouble

Director Keefe:  Alright, last item, any directors comments?

Director Kinsella: we’ve had enough

Director Richardson: Yeah

(audience member) you’ve got that right

President Keefe:  Alright, this meeting is adjourned

Board Secretary:  10:47

 ************

 My best to you and yours, Lew