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ALFIER BATS FOR LAKE DON PEDRO REALTY

Reading Time: 14 minutes

 CONTINUATION OF THE OCTOBER 21st, 2011 LDPCSD BOARD MEETING

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

Director Richardson:  Well I guess it’s Harry’s turn now.

Harry Alfier:  Well, I’d just like to once and for all look Lew in the eye

Director Richardson:  OK, hang on

Harry Alfier:  and have Lew look me in the eye, those regulations that you keep telling me that I’m violating and Tom Porter is violating

Director Richardson:  I’ve never said you violated them

Harry Alfier:  well my driveway violates them you tell me, the bottom line is, it says right on those regulations Lew, these regulations do not apply to any roadways constructed prior to 1991 when the regulations came in

Director Richardson:  right.

NOTE: SRA stands for State Responsibility Area and SO GOSIP = Same Old Group Of Special Interest People

[NOT A DRIVEWAY.   I believe Mr. Alfier is confusing terms because it is a roadway that actually serves his property off Alamo Drive, not a driveway.  A road provides access to more than two residential or access to any industrial or commercial occupancy. The Deerwood-Alfier road was clearly constructed to provide access to at least five parcels immediately:  one for Harry Alfier and four for the Deerwood Corporation further south.   Apparently there were plans to extend the road around the hill to the west to reach other properties and re-connect with Alamo Drive, but such a project would have to conform to 1991 SRA Fire Safe Minimum Roadway Standards.

A roadway is defined as any surface designed, improved, or ordinarily used for vehicle travel.  As discussed below, there are very good arguments to support the opinion the original “pathway” established in the early 1970s was not a road.   

I HAVE NEVER DISAGREED that preexisting driveways and roads were exempt from SRA 1991 Fire Safe Minimum Roadway Standards because it would be extremely unfair to make owners of existing driveways and roads spend money to bring them up to a newly created standard.  They were satisfactorily serving the purpose up to that point, but in this case the pathway was not being used to serve anything, yet it was upgraded to a roadway to serve multiple homes in the future with complete disregard for regulations and safety. 

NOT VERY REASONABLE

The new fire codes also applied to “new construction, not relating to an existing structure, which requires a building permit”.   IN MY OPINION, turning a minimally scraped pathway into a substandard and dangerous 1,600’ asphalt paved road to serve multiple homes is analogous to upgrading a temporary storage shed to a 4,000 sqft family residence with disregard for building code requirements concerning structural calculations, foundation engineering, framing, roofing, electrical, plumbing, etc., because the quality and safety of the finished project will suffer. (This is a great example of “cutting corners”.) 

A residence not built to code produces a dangerous and noncompliant home, and a pathway turned into a road without regard to minimum roadway standards creates a dangerous substandard road.      

Harry Alfier:  All the roads that you’re questioning and I know that you don’t believe me but I’ll, I’ll swear on my father’s grave and the life of my daughter, every road that you are talking about was constructed by Boise Cascade in the early 70’s to provide access to these properties.

[I’m sorry, but that’s kind of creepy – swearing on your father’s grave and daughter’s life?  I’m sure Harry was only trying to emphasize his point and instill confidence in that what he was saying was the truth, but I’m sorry, I disagree and find his method of persuasion rather melodramatic and in poor taste.  I do think Harry has convinced himself it is the truth, otherwise he wouldn’t say such a thing but there is a big difference between a scraped pathway serving nothing and only marking where a road might be constructed someday and roads “constructed by Boise Cascade”.       

If such roadways were indeed constructed by Boise Cascade in the early 70’s, where are the maps, engineer reports, grading permits, and county approvals?  

Why are there no official maps of these roads in county records?  Even the nonexclusive easements upon which these alleged “roads” were constructed were not filed until AFTER the Final Subdivision Map for Lake Don Pedro had been approved by the county.  

How can roadway infrastructure changes be made to the legally approved Final Subdivision Map without public input and discussion? 

The easements giving rise to these access roads were clearly “after-thoughts” designed to reach properties which already had designated driveways connected to state or county maintained roads.  These developer-convenience roads are not required for property access.    

Harry Alfier:  Don’t shake your head because that’s the truth and I can prove to you that’s the truth.  The courts have already, the courts aren’t stupid they saw it and saw the aerial photograph so you just keep telling the same lie and that’s why, when, you just kill me when you keep telling me how everything I say is the truth, everything, it’s not the truth, the truth is, it says right on the, how can they violate those regulations when the regulations clearly state those roads are exempt from those regulations? 

Director Richardson:  Any modification to an existing road had to come into conformance with the 1991 SRA …

Harry Alfier:  Where’s the modification?

Director Richardson:  When you asphalt pave 1,600 feet of road it’s a modification

Harry Alfier:  (inaudible)

Director Richardson:  Plus that road was not there at that time because the satellite images clearly showed that it was not there.

Unknown:  getting off the subject

Multiple voices

Harry Alfier:  We’re getting off the subject

[Oh…now you’re concerned about getting off the subject?  But you are the one that brought the matter up.  Now in regards to the Deerwood-Alfier Roadway that serves Harry’s property, I attended that court hearing and saw the same aerial photograph displayed on the court room wall which was evidently accepted as proof of a previous existing road.  With all due respect to Judge Parrish, I did not see a road but merely a pathway or trail through hillside grass. 

I would agree that a pathway may have been scraped once years ago but construction of a “real road” never occurred nor is there any past paperwork indicating such.  Part of Harry Alfier’s evidence that the road existed was based on a declaration by Wes Snyder who worked closely with Boise Cascade and Harry’s father “Uncle Milt” who has been selling property here since 1968 (Even before the subdivision had been approved.).  

Mr. Alfier provided evidence to the court about the operation of the Lake Don Pedro Owners’ Association which is interesting since he only makes a living here and is not a resident.   You must also remember there were “land developer friendly directors” on a board which refused to enforce regulations which Harry has always supported.   Part of our regulations prohibited “dirt work” without approval, but without enforcement from those directors and committees……anything desired was allowed.

The fact the CONSTRUCTED DEERWOOD PAVED ROADWAY indeed existed at the time Judge Parrish heard the matter undoubtedly played a big part in its being permitted to remain, however, it appears to me as though the circumvention of PUBLIC SAFETY LAW was essentially rewarded with the ruling a previous road had existed and therefore it was not subject to the new Fire Code Standards.  This is an old method of operation for developers not wishing to get “tangled-up” with restrictive or prohibitive laws, regulations or codes – sneak the project in under the authoritative/enforcement radar then request mitigation measures for approval and/or use.

PARRISH FIRE

I have been advised a number of people were interested in the Parrish fire tragedy and how that other road made the point of SRA Fire Safe Roadway Minimum Standards in regards to the similar “hairpin” turn on Harry Alfier’s property.  Judge Parrish made the favorable ruling for Deerwood and Alfier prior to his accident but begs the question if his decision might have been different if heard after his personal loss.   Rather than trying to “sum up” that original article, here it is: 

 

HOW AND WHY DID THIS HAPPEN IN LAKE DON PEDRO?

REMINDER TO THE SO GOSIP:  THIS IS MY OPINION as to how and why those dangerous roads were able to be created 12 years after passage of the 1991 SRA Fire Safe Minimum Roadway Standards.

THE HOUSING BOON.  At the time the housing construction industry was wild with growth.  Numerous properties in this area were available at distressed prices and Thomas Porter and his Deerwood Corporation had the ability to purchase several hundred.  With these properties and their votes came the power to vote in LDPOA elections providing him with the ability to place whomever he wanted on the board. 

PORTER HAD A TIME FRAME and could not be slowed down with normal procedures, constraining or even prohibitive subdivision regulations.

FIRST LINE DEFENSE DESTROYED.   Porter was able to “sponsor” real estate/land development “friendly directors” on the LDPOA who refused to enforce the CC&Rs and the Trifold which was a condensed pamphlet of regulations designed to protect the subdivision from uncontrolled development.  The TriFold had been successfully relied on for approximately  17 years and had been upheld in both Tuolumne and Mariposa County Superior Courts yet was ultimately rescinded in a highly questionable procedure by “Porter Supporters” on differing boards.   Only 40 year old CC&Rs now protect the subdivision and they too are rarely enforced if contrary to what the SO GOSIP advocate.

The LDPOA was supposed to protect this area on behalf of ALL OWNERS but it was quickly neutered and many speculative/model homes, and developer convenience roads were constructed without approval.  Despite assurances by former directors involved that “approval letters” establishing “compliance” were in every Deerwood file, the statements were completely untrue.  This is the ironic part, had Mr. Porter confined his building to the existing rules by only constructing homes for those ready to purchase he would not have found himself possessing so many new and vacant homes for so many years.  Obviously, Mr. Porter was not the only housing speculator practicing in this area at the time but Deerwood cleared the trail – so to speak.

NONEXCLUSIVE EASEMENTS.   As mentioned above, these were filed after the Final Subdivision Map was approved and were intended to provide access to “difficult to develop lots”, however, they did not have anything to do with roadway standards being followed to produce adequate and safe roadways.  They merely identified the location where roads could later be established.   The future road would have to be constructed on top of the nonexclusive easement, yet in the Deerwood-Alfier Road due to the terrain, the road in places, was simply cut into the hillside where most convenient and wasn’t confined to the underlying easement.  This in combination with obstructing Public Easements for natural drainage (increased erosion due to installation of roads without required soil studies, proper engineering, drainage control, etc.) and the asphalt paving dedicated Pedestrian & Equestrian Trails in violation of Mariposa County Ordinance 950 -which prohibits motor vehicles on trails, has created a host of problems for this subdivision in the future.

GRADING PERMITS.  These “developer-convenience roads” definitely required a grading permit due to the substantial amount of material that would be cut and used for fill, however, had a grading permit been obtained from the Mariposa County Building Department, CDF/CALFIRE would have been notified.   This “trigger notification” would have resulted in an inspection/approval process CDF/CALFIRE.

CDF/CALFIRE WOULD NOT APPROVE. There is no doubt that CDF/CALFIRE would have inspected and denied the proposed roads due to their refusal to recognize a rudimentary scraped pathway or trail as a legitimate preexisting road which would be exempt from the 1991 SRA Fire Safe Minimum Roadway Standards established 12 years earlier.

CONSTRUCTION OF SRA FIRE SAFE COMPLIANT ROADWAYS would have been extremely expensive, if even possible considering the underlying easement and terrain, and time consuming which were two critical variables for a land developer dedicated to constructing as many homes as possible while the “Housing Boon” existed.

THEREFORE it was absolutely crucial to develop some kind of way to access the properties for residence construction while simultaneously avoiding application for a grading permit which would have triggered CDF/CALFIRE involvement and put an immediate end to his road construction business before it started.  

Apparently this is what happened:  Deerwood representatives would go to the Mariposa County Public Works Department and obtain Encroachment Permits which only allow construction of a driveway from one or two residences to an adjacent state or county maintained roadway. 

Once the encroachment permit was obtained, Deerwood (under the radar of the Building Department grading permit requirements) constructed several asphalt paved roads to access multiple properties at once!  Saved money, accessed more homes, and in Harry Alfier’s case, greatly enhanced his properties’ view of the high Sierras and Don Pedro Lake by allowing construction on top of the hill rather than at a lower elevation with a traditional and expensive driveway. 

PRESTO!  Regulations specifically designed to protect life and property IN A DESIGNATED HIGH FIRE SEVERITY ZONE were circumvented for convenience and profit.  (((YET I AM ACCUSED OF BEING AN EVIL MAN???)))   I find it extremely difficult, if not impossible, to believe a decades old land development/mortgage corporation like Deerwood, who had vast experience with construction in other California foothill communities was not familiar with SRA requirements much less local building and grading codes and regulations.   Sorry just can’t buy that one.

WHAT WAS THE PURPOSE OF FIRE SAFE ROADWAY REQUIREMENTS?

Were those original “pathways/trails” approved as “ROADS” by local government and therefore exempt?  I do not believe so.  Here are some interesting paragraphs from a March 31, 2004 CDF correspondence regarding interpreting SRA Fire Safe Regulations:

“BACKGROUND

Access is a major fire protection need, whether wild land or structural.  Failure to provide a reasonable access for emergency equipment and evacuation egress for civilians can result in major loss of life, property and natural resources.  Fire apparatus sitting at an intersection, waiting for civilians to exit on a narrow road cannot provide the necessary fire suppression action.  Safe access requires street and road networks that limit dead-end roads and provide reasonable widths, grades and curves on roads and driveways.”

“The suitability and safety of access is not dependent upon the date of construction, but rather the design criteria for that road.  Many existing roads may meet or exceed these standards, however many do not.  CDF and local fire fighters have responded to emergencies on unsafe, substandard roads for years.  The past use does not mitigate the danger to fire fighters and civilians.”

“The Board of Forestry recognizes the standards within the SRA Fire Safe Regulations are minimum standards and not intended to be applicable within the two zones of greater hazard levels.  The majority of SRA lands within Mariposa County fall within the “two zones of greater hazard levels.”  The Board also recognizes that past use of sub-standard roads does not mitigate this danger to firefighters and civilians.

While the Board recognized that retroactive application was impractical, the Board states the intent that transportation infrastructure would improve as development occurs.  In the last thirteen years of the regulations, rural counties have made little progress toward the improvement of existing infrastructure due, in part, to the miss-application of the intent of the law.”

SO ANYWAY – Since that original court hearing I have viewed many other aerial photographs and satellite images of that area taken over the years which supports the opinion it was indeed only a pathway/trail until Deerwood construction equipment graded and asphalted an actual roadway, which although better than the original pathway, didn’t even come close to meeting 1991 SRA Fire Safe minimum roadway standards.

Here are some photographs of photographs so the clarity is not all that great but good enough to make some points about how a “pathway/trail” was turned into a nonconforming and extremely dangerous road. 

PLOT OF AREA

Here’s a plot of some of the area for a better understanding of the road’s configuration.  Remember that lots in the subdivision were intended for residential development.  How can you build a house with an on-sight sewage disposal system with all the required setbacks when a roadway diagonally crosses the rectangular lot?  Lot 1177 was essentially scraficed so a developer-convenience road could access other properties.  The  purpose of FIre Safe minimum roadway standards were completely ignored.   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ABOVE: This particular developer-convenience road also partially covers and in one area, completely covers a Mariposa County Dedicated Pedestrian & Equestrian Trail with asphalt.  As the road continues south it actually veers off from its underlying easement, which is to say, the road wasn’t even built where it should have been.   Mariposa County Ordinance 950 prohibits motor vehicles on P&E Trails. 

Below are some photographs of photographs so the quality isn’t all that great, but they were part of the court record and were prepared and analyzed by a court recognized expert.  That brief analysis of the photo appears below the image.  Once the pathway/trail is scraped in later photos notice the difference in width between Alamo Drive which arches around the area that is supposed to contain the eventual Deerwood-Alfier Road.  How can such a trail be considered an actual road – especially when it serves no residence? 

  

ABOVE PHOTO: No activity is shown on the tract prior to 1971, with the exeptions of the lot access from Alamo Drive to the lots 1148-1152 and 1172-1178.  Native soils are very light colored and show up clearly once disturbed.  The section of Alamo Drive shown in the photo is not paved on this date.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ABOVE PHOTO: The 1974 photo indicates that a preliminary pathway has been cut into the side hill from lot 1149 south to 1152.  The pathway shows revegatation in some areas.  This indicated the pathway was done between 1973 and April 1971.  The tire tracks are visible with vegetation in the middle.  This pathway was not maintained after being initially scraped and cut into the hillsides.  (Note the shadows that show on the uphill side of the trail.) There is no indication that construction allowed for handling drainage water that would be discharged on the downside of the pathway. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ABOVE PHOTO: The 1985 photo shows some sections of the north south pathway are completely revegetated.  Other sections clearly show light vehicle use with vegetation in the middle.  The section across lot 1177 is the section with most exposed soils.  There is no indication that significant erosion has occurred on the slope below the pathway.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ABOVE PHOTO: The 1987 photo show continued, but light use, of the section of the easement from Alamo Dr. through lot 1177.  There is re-vegetation on some parts of this east to west pathway.  The easement extending south shows only small spots of bare soils.  Alamo Drive has been paved at the time of this photo.

PHOTO ABOVE: In 1993, the pathway from Alamo across lot 1177 has been maintained to remove the vegetation and permit temporary vehicle access to lot 1178.  Also an area south of this segment has been scraped leaving bare soils in the center of lot 1177.  The segment of pathway from 1149 south is completely re-vegetated.  The exception being narrow channels cut by water erosion parallel to the pathway.  The photo indicates increased erosion on lot 1150.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ABOVE 1997 PHOTO: Photo shows declining use of the pathway across lot 1177.  The upper portion across lot 1178 going south is difficult to see in the photo.  No change on the pathway from 1149 to the south.  Pathway is completely covered with vegetation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ABOVE 1998 PHOTO: The segment of pathway from Alamo across lot 1177 shows more use than segment going south.  The segment going south has no indication of bare soils.  This segment is also variaable in width from 5-7 feet.  The narrow portion is on the south portion of the pathway near lot 1172.  There is no indication of vehicle traffic on pathway going south.  The southern portion of the pathway is too narrow for a vehicle at time of this photo.

ABOVE PHOTO: December 1 2004: This photo shows the completed surfacing of the access road.  The photo shows no measures to handle the increased water on lot 1150.

NICE DRAINAGE HUH?   

Who will be responsible for the maintenance and repair of these private dangerous roads which are open to the public?  Will a “special benefit assessment” for road maintenance have to be paid by all beneficieries of such roads?   Wouldn’t these dangerous roads consistute a known disclosure?  Wonder if that is on Harry’s little check list for buyers?

What about the liability for property loss, potential accidents, injuries and/or death?

I have so much more to share with you but I am very tired and need to get away from this monitor, but until then and as always……

My best to you and yours, Lew

PS: I’ve got something special to show you next time in my continuing response to Mr. Harry Alfier’s “Swing of the Bat”.

Categories: Uncategorized.

I REMEMBER … A CONFLICTED BUT BEAUTIFUL MORNING

Reading Time: 23 minutes

CONTINUATION OF OCTOBER 21st, 2011 LDPCSD MEETING

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

Prior to jumping back into that infamous meeting orchestrated by TUMMOTA (The Unidentified Male Member Of The Audience) who was purportedly from the State Attorney General’s Office yet permitted a choreographed barrage of personal attacks by the SO GOSIP (Same Old Group Of Special Interest People) on a director during a recorded public business meeting, I would like to chitchat about some bird brains that are close to me.

“ANOTHER  BIRD” COINCIDENCE?

Yes indeed, I think that little bird knew exactly what it was doing when it landed on the trash can filled with wild bird seed and began pecking away at the lid.  Sure it would have been much more interesting if the little guy had been pecking out a complex Morse Code message regarding the condition of his feeding station, but his message was received loud and clear never-the-less. 

I’ve been feeding these birds for twenty years, in fact, one of the first “improvements” to the property was hanging a couple of seed feeders and a bird bath fed by a drip irrigation emitter to guarantee every time I watered trees their bath would be filled.   I had 17 existing Oaks scattered about a 1.1 acre downhill lot covered in hot dry grass, weeds,  “tripping rocks” (low to the ground that inevitably snag the toe of your boot and produce that “impromptu unbalanced downhill dance”) boulders and a host of other indigenous foothill creatures.  There were few neighbors then, Castle Air Force Base was still open and quite active with aircraft,  and that feeding/bathing station was a pretty popular spot for a host of animals.  Like a little oasis.

PATTERNS OF BEHAVIOR

Certainly after feeding generations of different species of birds a few would come to learn my pattern of behavior just as I had theirs?  The encounter a couple of days ago was only one of many interspecies’ communications through the years.  Hummingbirds get quite vocal when their precious fluid container is either empty or has been over-run by ants (coating the wire that hangs the feeder with vegetable oil helps reduce ant intrusion but of course it eventually wears off after repeated ant attacks and requires re-coating to be effective.  Apparently, after walking through the oil they end up rubbing their antennas with legs contaminated with oil which they do not seem to care for at all.).  Sometimes they’ll even fly in for a quick shower when I’m spraying water on dust covered bushes and trees.

TWELVE O’CLOCK HIGH AND APPROACHING FAST

I’ll be doing some work in another area of the property when suddenly a Hummer will dart into sight, hover only a couple of feet right in front of me while chattering like crazy.  Once receiving some form of acknowledgement of its presence the little bundle of energy will rapidly change elevations and positions but all directly in front of me.  If I do not respond immediately it will fly a short distance to resting spot in a tree, chatter for a bit, then quietly observe only to repeat the process if I do not respond.  Usually I just laugh to myself, stop work, and proceed with filling the feeder with their traditional red nectar.  That’s when the real show starts with all of them jockeying for position, chasing one another off with some pretty amazing and amusing displays of precision flying.    

Anyway, after the “garage communication” I began filling the feeders to the common background choir of impatient chattering song by Finches, Nuthatches, Sparrows, etc., scattered throughout the surrounding trees.  Imagine the knowledge that could be gained if I could only translate the different languages? …….  “Finally – ‘bout time he got off his lazy butt” — “What’s so difficult? Put the seed in the feeder”—-  “Next time I’ll peck his forehead!” etc.     Well, enough about these particular bird brains.

I REMEMBER …  A CONFLICTED BUT BEAUTIFUL MORNING

I watched as he slowly placed one foot in front of the other in a series of small meticulous steps. Head down in clear concentration – focused on the unfolding path for what appeared to be house slipper clad feet.  The low elevation of these cautious steps often made the walk seem to be more of a shuffle.  As he continued to traverse the bright green Sun lit morning lawn framed in shadows of large Pines, I felt uneasiness build in my stomach and spread through my abdomen. 

A flood of divergent emotions started to boil up from stomach to chest as a multitude of concepts such as love, loss, emptiness, regret, betrayal, deceit, sympathy and purpose danced through the firing synapses of my brain.  Why would this observance trigger such strong emotions?  Because of a similar walk I had seen my Father negotiate in his late 80’s?  Or was it that nagging value taught as a child to respect my elders?

My mind began to process a checklist of memories, lessons learned, and confirmations of truth.  I confided in my partner about the possibility of changing the day’s schedule and foregoing any further investigation as planned.  Then almost simultaneously as those doubts left my lips a familiar and reassuring voice was remembered and clarified the issue barring further hesitancy:  “Knock it off Lewis – get back to work”.   The momentary doubts fueled by emotionally charged questions of life and death, respect, sympathy, and compassion for an adversary quickly evaporated and were replaced with a sense of respectful determination. 

I REMEMBER

OK, back to the October 21st, 2011 meeting where TUMMOTA represented as being from the California State Attorney General’s Office, insisted members of the SO GOSIP be allowed to personally attack a director with matters not constituting business of the Community Services District.

{Over stadium loud speakers….}

NOW PINCH HITTING FOR THE SO GOSIP – MS CORALANE PORTER OF THE DEERWOOD TEAM

Verbatim transcript with [PERSONAL OPINION/COMMENT in italicized font within brackets]

Coralane Porter: Ahm, and again this is related to your blog Lew. 

Director Richardson:  Sure

Coralane Porter:  You have attacked my father for years he has never been nothing but less, he’s always been a gentleman to you.  You have implied and pretty much said that he broke rules and regulations on driveways and that is a lie.

Director Richardson:  (Softly) No it is not.

[Yes indeed, to my knowledge your father has always conducted himself as a gentleman and I have stated so numerous times through the years on this website.  Even when personally advising directors (multiple times) he had every intention of recalling them from office he was a gentleman.  So?  Just because a person may be polite, that is not justification for doing wrong things.   My opposition has always been focused on what your father and his multi-million dollar Deerwood land development/mortgage corporation has done to this community, not how nice he appears while doing such. 

Nice try Coralane.  You know very well the issue is not about “driveways”, but “roadways” because the later were intended to serve multiple dwellings as in the case of the Deerwood-Alfier Roadway on Alamo Dive hill where your father and Harry Alfier intended to construct homes with an enhanced view of the high Sierras without the traditional cost of individual driveways.  Asphalt paving of a Pedestrian & Equestrian Trail in contradiction of Mariposa County Ordinance 950?  This is a complex subject but we’ll return to it after Harry’s speech because I’ve got some things I’d like to share with all of you.]

Coralane Porter:  Yes it is sir and you know that and you let it lie, you imply and insinuate and you, truly I, I can’t believe he’s as nice as he is to you.  He is such a gentleman and you have treated him horribly and that’s why I don’t read your blog because it, it’s so upsetting and what you do is you say things related to the water, you take pictures, you spend all this time and you just want people, we’ve lost business because of you sir.  Where people will come up here and they get on the blog and they go well it sounds like Deerwood is doing some really undercut because you want people to get that impression, you love for people to get that impression.

Director Richardson:  Not at all

[Please do not tell me what I do and do not know or want.  You who claim not to read posts on this website yet complain about what I write.  Actually, it occurs to me the people who claim to support Tom Porter, including members of his own family, are doing him more harm than good.  I never posted a photograph of the cartoon that gave rise to Porter’s “Cartoon Recall” of an LDPOA (Lake Don Pedro Owners’ Association) Board of directors until CSD Director Emery Ross used that recall as a reason not to support and appoint Victor Afanasiev to the board – the only applicant at that time incidentally.  It was an irresponsible and misleading comment to make in regards to the man’s qualifications and integrity.   As I have said many times I, and others, are very proud that we stood our ground in support of the First Amendment right to free speech against a very powerful special interest multi-million dollar corporation.  Every time members of the SO GOSIP make such spurious accusations and innuendos of wrong-doing it provides me with the opportunity to respond.  You bring it up then complain about the response. 

Oh, now you claim your business losses are because of me?  Oh please.   I wasn’t the one to purchase a non-performing golf course.  I wasn’t the one who put developer-friendly directors on the LDPOA Board who refused to enforce subdivision regulations.  I wasn’t the one who overbuilt with speculative and model homes constructed WITHOUT PRIOR APPROVAL as required by regulations.  Who from this area requested such uncontrolled development?  I find it interesting that in some areas Deerwood “cookie cutter” homes are so close you can spit from one deck to the one next door!  Perhaps people from high density city life care for that kind of layout but most folks up here surely do not judging by how they built their own homes.  But there’s the rub about spec & model homes…..the future owner has no say in their configuration on the lot.  Your father offered a “take it or leave it” home.  So?  People have chosen not to take it – yet you blame me?  Grow up.   I wasn’t the one who constructed dangerous developer convenience roads to maximize profits regardless of the potential injury and/or death to innocent others.  Do not blame others for the negative ramifications inherited due to past self-serving activities.   You assume to know what I want and state it as fact, and as usual, you are absolutely wrong.  I want people to know the truth about what has happened in Lake Don Pedro since arrival of the mighty Deerwood Corporation, but that wouldn’t be a big selling point either.  I wish no hardship on anyone, but some people earn it by their own actions.]

 

Coralane Porter:  And then after you said so many negative comments about things about my father and, and imply and insinuate, and this and that, then you kind of said oh gee it’s so sad that the country club is closed.  In one of your blogs you implied that I don’t even know if he owns it anymore?  You know, but its like you just put this stuff out there and it’s, it’s like creating something, he’s always done things by the book, always.  And as a daughter, as a daughter I am so offended by how you act as a Board of Director it is, it is unbelievable and you have a mocking attitude, you have a real arrogant way you carry yourself, you’re very friendly and kind of nice and if someone does something, see right now if you weren’t here (referring to TUMMOTA) he would be attacking me.

Director Richardson:  No

Coralane Porter:  You would be attacking me, yes you would

Director Richardson:  No, I’m hoping the new President (referring to TUMMOTA) will give me the opportunity to respond to what she’s saying to me though.

Coralane Porter:  And you’ve been doing this to me sir

TUMMOTA:  Wait till she speaks then you respond

Director Richardson:  OK, thank you

[Sure it is sad the golf course closed but expecting other water customers to subsidize its losses is unfair to the majority of customers but when has Deerwood been concerned about fairness to others?  I was raised in a golf family – my Dad played most of his life, my brother was on the college golf team and I knocked the ball around for many years until finding other things I enjoyed more.  I’m not against golf or those who play it at all but public funds should not be used to offset a private company’s water bill.  That golf course has always had a difficult time because of two major variables:  1) Lack of play, and 2) The amount of water required to keep it green.   Decorating it with expensive condos and Deerwood custom homes did nothing to change either of those variables.

One of your father’s associates, Orb Hatton owner of Tri County Realty, stated at a public meeting the golf course had some potential buyers.  (Do not forget if it wasn’t for your father, Orb Hatton would have never been allowed to run for LDPOA election because he wasn’t a member in good standing and had just paid $19,000 in a law suit for violating some of the very regulations your father later violated concerning “bridge roads” in the subdivision.  But your father and his millions of dollars pushed Hatton through despite obvious ineligibility to run.)  There have been many rumors about the golf course selling for years.  But please, if your father ever does get rid of it let me know so I don’t make the horrible mistake of saying he is still the owner. 

Done things by the book?  Which book – the land developer’s handbook of “rule and regulation circumvention”?   The field guide on how to “Pack a Board of Directors”?  Perhaps the classic:  “Play ball with me and I’ll stick a bat up your assets”?   

I am arrogant?  Who was it that came charging into Lake Don Pedro with proclaimed millions of dollars?  Purchasing several hundred properties at distressed prices to obtain a majority vote on the LDPOA board which then refused to enforce established regulations to protect the public?  I sure as heck wasn’t the “millionaire many times over” bragging in his book to be a “major real estate conglomerate”.  Who has displayed the typical signs of arrogance?  When your father first came to Don Pedro he was asked why he chose this area for his most recent development and his response was because the land was cheap.  But closely related to that (which would not have been in his best interests to admit) was the fact the residents and “out of area owners” were unorganized and ill prepared for another Deerwood assault on a community. Add a couple of local real estate business owners pursuing their own riches provided the “anything goes environment” for Deerwood.  You know as well as I there is a trail of Deerwood activites in other communities.  How many long time property owners who paid many years of standby water fees were denied the opportunity to build their “dream home” because Deerwood over built to obtain precious water connections?     Look at Brooktrails, which the Deerwood Corporation website still refers to “Brooktails”- they ended up with a building moratorium yet you whine about being offended with the truth?  Deerwood still can’t even get the spelling correct for that victim….should be “Brook-tales”.  Deerwood slid into Don Pedro with a past history of other conquests and methods of operation. Did the residents of this area request a change in the rural atmosphere to which CSD Director Mark Skoien recently referred?

NOTE: Apparently the previous building moratorium has been upgraded with a Development reduction program. Pretty interesting:   http://www.btcsd.org/specific/devredu.php

This might have been something Lake Don Pedro could have considered but developer convenience roads have already been constructed to many of the “difficult to develop properties” despite their dangerous nature.

Frankly, in retrospect I’m glad TUMMOTA was there but for different reasons.  None of the SO GOSIP should have been allowed to carry on about issues unrelated to the District, but since they did I have a legitimate reason and responsibility to respond.  Yes, I admit to being sarcastic by referring to TUMMOTA as the “new President” but the more he spoke the less I believed he was a legitimate  investigator from the Attorney General’s Office.]

Coralane Porter:  And you’ve been doing this for years though.  My parents have worked really hard at what they’ve done and that they have never cheated anyone, they’ve never stolen from anyone, and your constant (inaudible) and here you’re a board member and you attack the members of this community, you’ve done it for years and you are just unbelieve, unbelievable in your arrogance and how you treat the people and it’s, it’s really, just blows me away and ah, and ah blows me away that my dad is so nice to you.  I thought, well hey, I carry the anger and I’ve been, I try to be cool, but when she brought it up, you’ve attacked her, everybody, Harry, all the things that you have done and participated with us and Bill of course you’re connected with Lew too, but I’m not going to get into that right now, but I’m just saying you have had some very negative things and that’s, that’s, but you write a blog hoping people will read it and maybe they’ll decide hey, when we were trying to sell property you were hoping that maybe they wouldn’t buy it and some people didn’t.  But people that met my father and saw how he did his business, and I, I guess, I shouldn’t have gone up, come up here as a daughter but it’s really offensive and I think you’re an evil man.  I think you are an evil man and you sit on our board and you do a lot of, because someone who is evil puts stuff out there I (inaudible) you, you talk, you know you can speak without verbalizing.  You give a lot of body language and people can read that and I’ve tried to be nice in these meetings because of how you are, cuz you just love it, you love to get, you get all excited about stuff and you’re, you’re gonna have it in your blog and it will be all, oh yea, and that’s kind of like your shtick like hey I’m gonna get it in there, but you know what, I’ve had almost everything lost through this economy so you can’t take anything from me, nothing.  And you can’t take anything from my family any more.  

Director Richardson: May I speak now sir? (Speaking to TUMMOTA)

(Applause from audience for Coralane Porter)

[Yes I have written for over six years about what your father and his corporation has been doing here in Don Pedro (naturally with support from other real estate business owners and members of the SO GOSIP).  I have no idea how hard your parents have worked, what their actual motivation is, or how many people they have harmed.    I attack which members of the community?  The same ones who betrayed this area and assisted The Deerwood Corporation in its activities for their own “side benefits”?  You and your ilk may consider my responses an attack but that’s your perspective, I prefer to characterize it as local “Homeland Defense” from unethical business practices which have severely harmed this rural residential foothill area and countless people.

Attacked Kathy Agee?  You must pay more attention to what is being said Coralane.  Agee misstated the facts of the matter and wrongfully accused me of slandering her.  OK, we’ve already established your father acts like a gentleman but history is full of people who have done horrendous things to others but who appeared docile, polite or congenial otherwise.  So what does that have to do with the facts?

I am evil?   Have you taken a close look at some of your father’s hard core supporters?  How dare you – you spoiled pompous brat!  How can any of you not recognize the foreseeable injury/death of another on one of those roads?  When it happens (and it certainly will without intervention) are you going to shrug it off as someone else’s misfortune unrelated to Deerwood’s facilitating the accident scene?  I would not want that on my conscience but I guess that is another reason we find each other on opposite sides of so many issues.  Why not test the high speed performance and handling stability of your expensive luxury car on some of those developer convenience roads Deerwood constructed for us commoners?  (But look out for horses and pedestrians on dedicated P&E Trails!) Would you feel comfortable driving your parents around those roads in inclement weather or emergency situations?  You are so smug in your denial. 

“Our Board”?- you are sounding more and more like Harry Alfier all the time.  You’ve had almost everything lost through this economy?  I don’t know what you’ve lost but you certainly haven’t lost your misdirected sense of responsibility and accountability or propensity for blaming others for the results of your own actions.  It is still amazing to me that the SO GOSIP will acknowledge how the national economic crisis was created by unethical activities of others far, far, away…..but refuse to recognize perfect local examples.

So you don’t’ care for my “body language”?   Too bad!  I think it well accepted that most people will exhibit body language given a particular environment and sitting at a board table being attacked by one disingenuous special interest person after another is not enjoyable, but hey, at least I didn’t laugh at your group’s antics and performance because then you would charge I laughed at another’s misfortune.   Yes I can “speak without verbalizing” which I do find a bit humorous considering your mother’s actions.]

Director Richardson:  OK, anything I’ve ever said about your father has been absolutely the truth.  Those roads he put in this subdivision violated State mandated fire safety code, minimum standard – roadway standards, they violated them.  He put those roads in 12 years after the State of California issued those rules, to this date they are going to be a problem in this community for perpetuity – Harry, let me finish. [Harry Alfier owner of Lake Don Pedro Realty – the other beneficiary of the developer convenience road that serves his property on Alamo Drive hill begins to speak.]   Now as far as, as insulting your father, your father is nice to me, I’ve always been nice to him, but your mother flipped me off in a public restaurant with my girlfriend.

Coralane Porter:  She has never done that and you are a liar. 

Director Richardson:  No, no

[I had had enough.  I never publically mentioned what happened up there in Mariposa until right then.  I am a liar?  Oh Coralane, why on earth would I make up such a thing? (I mean besides your outrageous and contemptuous explanation that I am an evil man.)   I would never jeopardize my integrity by stating something untrue about another.  Why would anyone do such a thing when their presumed “targets” do more than enough harm to themselves?  NOTE: You, and Harry Alfier (later), have made slanderous statements about me in a recorded public business meeting and both of you should be more cautious and circumspect in your emotional outbursts and I am sure your father’s attorneys would agree.

This begs another question:  Why would Peggy Porter feel compelled to “flip me the bird” in a public restaurant in the town of Mariposa?  (The following explanation is illustrative of my observation that these people do more harm to themselves than anyone ever could.)

“THINKING CAP” POP QUIZ:

What human emotion would be most closely associated with “flipping someone off”?  (Extended middle finger displayed from the closed back hand of the presenter)  Please choose only one answer:

  1. A.       Trust
  2. B.      Anticipation
  3. C.       Surprise      
  4. D.     Anger
  5. E.      Joy

I believe most reasonable people would conclude letter D. “Anger” to be the most common and accepted associated emotion with “Flipping the bird”, “Traffic finger”, “Giving the finger”, etc.

For more on this obscene gesture:  http://en.wikipedia.org/wiki/Finger_(gesture)

So, back to the original question: What would motivate Peggy Porter to do such a thing? For the answer let’s take a little trip back to another blog posting.

 

REMEMBER THE “ON THE COURTHOUSE STEPS” BLOG?

I posted that blog on August 24th, 2011 six days after witnessing the auction procedure on Thursday, August 18th, 2011 at the Mariposa County Courthouse.  What that original blog did not mention was the fact the auction involved two properties from the Lake Don Pedro area, one of them Thomas and Peggy Porter’s mansion on Rincon Court which overlooks the golf course, the other a residence owned by a former CSD General Manager. 

The auction was published in the Mariposa Gazette under “Public Notices” which I later referred to in the blog “CARLIN’S THINKING CAP” on September 7th, 2011.  (Information from that link apparently changes with the new foreclosures that are continually listed.  Very sad how many are in Lake Don Pedro.)  That blog dealt with a number of “hot topics” including, three directors refusing to investigate director misconduct (one of them ultimately pleading “no contest” to providing false information to a peace officer and resigning); an unpaid large water bill for the waste water plant which serves the golf course and surrounding homes; and Tom Porter’s announcement of his intention to recall certain directors from the LDPCSD.

That Thursday was planned to be a very busy day and a close friend who had the day off was going to help with the driving and videotaping of the Merced River’s flow to Lake McClure (those videos listed on top menu bar).  The plan was to witness the auction at the courthouse, grab a bite to eat at the “Happy Burger restaurant” then up to Yosemite for the video shots.  

The above paragraphs under the subtitle “A CONFLICTING BUT BEAUTIFUL MORNING” accurately describe the moments before the auction.  I did not know members of the Porter family would be attending the auction but when we pulled into the parking lot and observed Tom, Peggy and Coralane milling about the courthouse lawn waiting for the auction to begin, well, I thought it a rather sad situation.  There were no SO GOSIP supporters shouting opposition to the foreclosure process or demanding that the rules be changed or an exception be made for this particular matter.  It was quiet, peaceful and almost a funeral-like environment with the morning sunshine on the manicured green lawn.  I indeed felt a bit sick to my stomach.

KNOCK IT OFF LEWIS – GET BACK TO WORK

Yup, I could hear my Dad’s voice in my heart and mind quite clearly, along with my friend’s voice in my ear who was surprised at my sudden hesitation about continuing the research.   I decided to forego the actual Porter auction and gave the three of them about as much room as possible which made hearing the auctioneer’s words difficult.  The opening bid for the Porter mansion was $1.5 million, but I heard no bids from the Porters.  There was no one else in attendance.  I shot some video from our position on a bench on the other side of the front lawn away from the courthouse steps.  We waited for the Porters to leave the area in their vehicle at which time I approached the auctioneer for some information about the process and actually became a “witness” to one of the foreclosures.   

Finishing up at the courthouse it was time to grab some lunch before we headed up towards Yosemite National Park.  Turning onto the street where the Happy Burger Restaurant is located off HWY 140 we were surprised to see the Porter vehicle (personalized plates) parked in front of the Red Fox Restaurant a little further up the street and on the right.  I pulled into one of the open parking spaces at the Happy Burger about midway the length of the building and shut off the engine.  My friend and I discussed the possibility that the Porters might be in the Happy Burger because we could not see through the window treatment that was reflecting the late morning Sun.  Since there was obvious parking available in front of the Happy Burger we decided the Porters were likely at the other restaurant up the street since their vehicle was parked directly in front of that establishment.

BIG SURPRISE AT TABLE NUMBER WHATEVER!

Yup there they were immediately inside at the table directly in front of my truck parked outside. We ordered and immediately went to the outdoor patio area out of sight of the main restaurant area where the Porters were seated.  Our meals were served out on the patio and just as we started to eat Mr. Porter, instead of taking a right turn out the entrance door into the parking lot opened the glass door to the patio area on the left and said “Hey Lew, just saw you and wanted to say hello”.  I replied “Hello Mr. Porter” and waved.  Porter exited the restaurant.

I was still talking about how polite Mr. Porter had been when Peggy and Coralane walked out the glass entrance door (to the right), took a left, but stopped in front of a plate glass window directly in front view of our table.  Upon making eyesight and without any fanfare Peggy “flipped me off” and the two of them turned and walked away.  I couldn’t believe she did it and commented “I guess she thinks my website is number one”.  WE laughed about it for a while trying to figure out if Mr. Porter was involved in some way….. you know, like his stopping by to say hello was only to get our attention for the “gotcha” coming by way of Peggy and Coralane a short while later.  I honestly do not know. I’d like to think not.]

Coralane Porter:  She’s never, she’s hardly

Director Richardson:  You were standing right next to her when she did it.

Coralane Porter:  She’s never flipped you off

[Yes she most absolutely did but to be fair, I cannot say with certainly Coralane observed what her mother did because it happened so fast although it seems rather unlikely she and her mother would stop in front of the window for a couple of seconds without another purpose before proceeding outside to their vehicle across and up the street.  (Later that day I even thought about going by the Happy Burger on the way back from Yosemite to see if their video surveillance cameras captured the incident since it was by an entrance, but decided not to make a big deal out of the momentary “self-expression” by Mrs. Porter.) 

Either way, it doesn’t really bother me that Peggy “shot me the bird”.  The only reason I mention it now is because I am not a liar and refuse to be called such by Coralane Porter.  If Coralane was involved, she is the liar and if she did not see what her mother did she cannot claim I am not telling the truth because she is ignorant of the facts.  I believe she probably needs to have a heart-to-heart talk with her mother.  Based on past behavior of the SO GOSIP I certainly do not expect an apology from Coralane Porter but if offered I will accept such and we can put the matter behind us.]   

 

Director Richardson:  Besides that, be that as it may, you can deny

Coralane Porter:  that’s outrageous

Director Richardson:  that, you can deny that all you want,

Coralane Porter: Oh I will sir

Director Richardson:  because I have a witness too

Coralane Porter:  I’m gone, I’m gone

Director Richardson:  Well no wait, no, stay here and hear the rest of it

Coralane Porter:  No you can’t make me stay – what are you going to call your DA friend up here?

[Here we go again with the DA friend disinformation that was originally spread by a former director who pled no contest to providing false information to a peace officer which, need I say, is a far cry from the much more serious crime of felony perjury before a Grand Jury if that were indeed a part of the reason for the plea bargain.  The director resigned from the board the next day – matter closed.

Even if I did have a friend that was a District Attorney (which I do not), why would one be necessary since TUMMOTA was presented at the meeting and was an investigator from the State Attorney General’s Office?  LOL]

 

Director Richardson:  Oh no, you’re going to, you’re going to accuse me of all these things then run away and not listen to my response?

Coralane Porter:  I’ve listen to this stuff for years sir, I, years, and I don’t care what is said.

[Typical behavior, make spurious outrageous accusations then run away and ignore a defensive response. Coralane doesn’t  care what is said?  Then why did she and her friends open their mouths in the first place?]

Multiple voices to Coralane

[Coralane Porter starts to leave the Board Meeting Room and TUMOTTA quickly exits and consoles her]

Unknown female voice:  Coralane don’t give him the satisfaction

Director Richardson:  Satis….?  This is not satisfying to me at all.

VP Kinsella:  Coralee please sit

Director Richardson:  Please sit down

Ruth Smith:  Don’t lower yourself to his level

Director Richardson:  Oh, thank you Ruth.

Ruth Smith:  Don’t, don’t do it.

Director Richardson:  Thank you Ruth

Coralane Porter:  I’m upset

Ruth Smith:  I know you are

Coralane Porter:  I’m upset, it’s because of years of building up this stuff, it’s just years of this

Multiple voices in background

 

[Ruth Smith talking about “lowering to someone else’s level”?   That’s a laugh.  Ruth was formerly a staunch supporter of the property owners’ association and the regulations and rules which were created to prevent exactly what the Deerwood Corporation has done.  I have never understood this.  Harry Alfier, Kathy Agee, Orb Hatton, Tom Porter, etc. – I can understand their financial motivations – they are against ANYTHING that might make property transfers more difficult, but why would someone who protected and defended this subdivision for so many years suddenly do a 180 degree turn?  Go figure.  Your guess is as good as mine.  Oh yeah, almost forgot – in anticipation of their whining indignation regarding the previously posted cartoon of the “SO GOSIP Blockheads”, let me make this perfectly clear:

The cartoon was not a suggestion they commit suicide by cutting off their own head with a hand saw….. but rather, only the corners of the block!  LOL]

TO CORALANE PORTER

Since Coralane does not view material on this website would someone be kind enough to relay this message? 

I appreciate and respect your love and loyalty to your parents but please try to understand the following.

In a similar manner in which some business people will harm others and claim “it’s all just part of doing business”, I truly regret any discomfort or pain caused you and your family due to my honestly opposing the activities of your father’s land development/mortgage corporation in Lake Don Pedro.

I believe it was Abraham Lincoln who is attributed as saying:

“Corporations have been enthroned and an era of corruption in high places will follow.”

I agree with this observation.  Your father, as president of Deerwood, may not have “hands on” injured other people and may indeed be a gentleman in his public conduct, but with a stroke of his pen or whispered word he effectively set into motion a corporate machine that demolished other peoples’ dreams and seriously disrupted their lives as surely as if he personally operated the construction equipment.

The Deerwood Corporation has furnished your family with a luxurious life style for many years and no doubt your parents worked very hard for that accomplishment, however, to deny or fail to recognize the harm it has brought to others, unfortunately, only diminishes my instinctive sympathy.

The Deerwood Corporation is a powerful adversary with a massive arsenal of professional services at its disposal.  I believe its influence in this area overwhelmed, circumvented, perhaps even corrupted not only individuals but established regulations designed to protect the public along with the governmental entities authorized for their enforcement.  Confronted with this massive proven political machine I have used my limited resources in dedicated opposition. 

The birth of this website was a direct response to elected officials of the LDPOA “Porter Board” who clearly refused to abide by the law of this state and provide me with a membership list so as to write owners and attempt to organize our vast geographically dispersed membership.  Rather than allowing me to waste time, resources and money on paper, ink and postage for years, their obstruction birthed LAKEDDONPEDRO.ORG.

Yes indeed I have written, drawn, photographed and posted some pretty satirical stuff but for an  “evil man” have held back much.  The truth of the matter is The Deerwood Corporation has furnished much raw material and your denying such only diminishes your credibility. 

Perhaps in your secluded home set back from the roadway you may not have noticed the numerous trucks, vans and trailers hauling out other people’s dreams of homeownership and residency in these beautiful foothills.  Please forgive that I am not more understanding about the financial impact so many vacant Deerwood speculative and model homes have had on your lifestyle.  I do not enjoy seeing the suffering of anyone and that includes you and your family.  Be appreciative of what you have enjoyed for so many years and recognize loss is not just measured in cold hard cash.

 

My best to you and yours, Lew

 

PS:  Enough “touchy-feely” —– (there’s that sarcasm again) the next batter-up on the SO GOSIP lineup of personal attacks….. {drum roll …. Then heard over loud speakers of a packed stadium}  “Harry Alfier from Lake Don Pedro Realty!”  {Over background audience noise and ballgame announcer}:  “get your popcorn, roasted peanuts…..”

Categories: Uncategorized.

KATHY OPENS THE “SO GOSIP” ATTACK

Reading Time: 12 minutes

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THE SO GOSIP LIKE "CUTTING CORNERS"

Continuation of the October 21st, 2011 Special Meeting

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

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

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

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

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

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

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

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

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

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

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

 

WHO IS THIS REGULAR SO GOSIP SPEAKER?

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

CRAZY FACT RELATED TO SRA STANDARDS

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

BACK TO: WHO IS KATHY?

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

OK FIRST BATTER UP:  KATHY AGEE

XXXXXXXXXXXXX

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

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

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

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

 

Director Richardson:  Umhum

Kathy Agee: not facts, your opinions

Director Richardson:  Umhum which I labeled as such

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

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

Unknown:  I didn’t say it was

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

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

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

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

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

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

TUMMOTA:  Doesn’t she have the floor?

Director Richardson:  Yes

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

TUMMOTA:  Then why are you speaking?

Director Richardson:  Because she was speaking to me.

TUMMOTA:  No, she made, you interrupted her

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

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

Director Richardson: OK

VP Kinsella:  OK

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

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

Director Richardson: (softly)  I never slandered

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

Kathy Agee: mistake by saying ah cutting corners

Director Richardson:  Yeah

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

Director Richardson:  No, I never said that

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

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

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

Director Richardson:  This is not District business

Multiple voices (TUMMOTA and Smith)

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

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

Director Richardson: This is not District business

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

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

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

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

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

TUMMOTA talking in background

Director Richardson:  is not an issue of this district

TUMMOTA:  You are out of order, and you shall

Director Richardson:  I think you are out of order

VP Kinsella:  Oh, oh, OK

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

Director Richardson:  No

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

Director Mark Skoien:  This is great

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

Director Richardson:  Her point

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

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

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

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

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

TUMMOTA:  Does it matter?  

Director Richardson:  OK

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

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

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

Director Richardson:  Yeah, yes it will be

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

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

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

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

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

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

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

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

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

Kathy Agee:  You insinuated that in (multiple voices)

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

Kathy Agee:  I will re-read it

Director Richardson:  Please do.

XXXXXXXXXXXXXXXXXXXXXXXXX

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

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

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

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

Director Richardson:  Cut corners?

Kathy Agee:  Even here, cut corners as far as

Unknown:  Cut corners

Kathy Agee:  maybe, you know, these

Director Richardson:  I think that’s the wrong expression

(laughter)

Kathy Agee:  Cut corners?

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

(laughter)

Kathy Agee:  Oh really?

Unknown:  That’s not the way

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

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

 

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

“KATHY CUTTING CORNERS

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

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

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

XXXXXXXX

THAT’S WHAT I SAID – SO WHAT?

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

IF ANYTHING REQUIRES "CUTTING CORNERS"

 

MORE MEETING TIME SPENT ON NON CSD ISSUES

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

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

BIRDIE TOLD ME

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

My best to you and yours, Lew

Categories: Uncategorized.

GIVE ‘EM ENOUGH ROPE AND THEY’LL HANG THEMSELVES

Reading Time: 17 minutes
 
 
 

THANK YOU VETERANS

 

Continued report of the OCTOBER 21st, 2011 SPECIAL MEETING  

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

 

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

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

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

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

YOU WILL “RECALL”

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

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

XXXXXXXXXXXXX

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

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

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

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

VP Kinsella:  Mark?

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

VP Kinsella:  Lew?

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

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

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

VP Kinsella:  Say again?

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

VP Kinsella:  We have to pay for the mediator

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

VP Kinsella:  Huh?

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

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

VP Kinsella:  I think, yeah?

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

Charise Reeves:  Me.

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

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

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

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

Carolyn:  (Making shushing sound)

VP Kinsella:  We’re talking about

Charise Reeves:  — here

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

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

[END OF TRANSCRIPT]

ATTACK ON AN EMPLOYEE NOT PRESENT BEGINS

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

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

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

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

TUMMOTA SPEAKS!

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

TUMMOTA SPEAKS AGAIN

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

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

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

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

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

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

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

ANOTHER ATTACK ON AN ABSENT EMPLOYEE (WRONG!)

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

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

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

Here’s some more verbatim transcript.

XXXXXXXXXXXXXX

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

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

Kathy Agee:  Oh, I thought you said taped

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

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

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

VP Kinsella:  Any other comments?  Ruth?

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

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

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

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

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

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

Director Richardson:  When did that happen? 

TUMMOTA:  That’s not an important fact right here

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

Multiple voices

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

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

Director Richardson:  Oh, OK

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

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

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

VP Kinsella:  Kathy?

Unknown:  Isn’t this director comment?

XXXXXXXXXXXXXXXX

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

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

 

My best to you and yours, Lew

Categories: Uncategorized.

SPECIAL MEETING PRODUCES OVER-DUE GOOD RESULTS

Reading Time: 13 minutes
 

SOMETHING IN THE SKY TONIGHT? LOL!

 

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

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

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

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

1.      Appoint one of our two applicants

2.      Appoint someone of their choice

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

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

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

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

Define what the Brown Act means to you. 

Do you know what 61000 of the Government Code is? 

How many board meetings had the candidates attended?

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

What are your ideas about keeping water rates down?  

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

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

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

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

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

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

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

“An irate ratepayer calls you in the evening when the office is closed and tells you they’ve received a water bill for a thousand dollars, ten times their normal bill, they say they do not want to call the office in the morning because they are so mad.  What would you do or what would you say to the ratepayer?”
 
 

 

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

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

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

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

Director Ross:  “Bill?”

VP Kinsella:  “Yes Sir”

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

VP Kinsella: “Say what?”

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

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

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

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

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

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

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

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

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

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

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

Multiple voices

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

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

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

Director Ross:  “Well all ….”

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

Orb Hatton:  “(inaudible) … say more”

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

Orb Hatton:  (inaudible)

Multiple voices, cross talk

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

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

Director Skoien:  “settle down”

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

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

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

(Continuing laughter from Orb Hatton and other SO GOSIP)

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

Multiple voices in audience

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

VP Kinsella:  “no”

Orb Hatton:  “Say it.  Ask him”

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

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

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

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

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

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

VP Kinsella:  “ No, Kathy no”

Kathy Agee:  “if you guys”

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

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

VP Kinsella:  “It ain’t funny sonny”

(Inaudible comments by Hatton and others)

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

Secretary Reeves:  “10:28”

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

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

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

VP Kinsella:  “Thank you, anybody else?”

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

VP Kinsella:  “You’re welcome”

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

VP Kinsella:  “Thank you, anybody else?”

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

VP Kinsella:  “Thank you.  Anybody else?”

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

VP Kinsella:  “Thank you.  Anybody else?”

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

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

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

VP Kinsella:  “Sure”

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

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

Deputy Sheriff:  “Open?”

VP Kinsella:  “Yeah, leave it open.”

Deputy Sheriff:  “Open”

VP Kinsella:  “Thank you for coming”

Deputy Sheriff:  (Inaudible)

VP Kinsella:  “OK, ready for a vote?”

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

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

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

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

Director Richardson:  “No”

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

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

Director Ross:  “Yeah I did”

VP Kinsella:  “Emery voted no”

Board Secretary Reeves:  “OK”

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

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

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

Public:  “So – this is a joke”

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

VP Kinsella:  “Thank you.”

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

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

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

VP Kinsella:  “Welcome aboard Victor, OK”

(inaudible – another voice)

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

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

Multiple voices

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

Director Ross:  (inaudible)

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

Director Skoien:  “I’ll make that motion”

Director Richardson:  “I second it”

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

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

XXXXXXXXXXXXXXXXX

GOOD RESULTS?  BETTER LATE THAN NEVER!

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

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

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

 

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

 

My best to you and yours, Lew

Categories: Uncategorized.

DO WAH DIDDY DIDDY DUMB DIDDY DO

Reading Time: 10 minutes

 

TUMMOTA SAY WHAT RIGHT AND WRONG

“LEW’S VIEW”

Regarding the

SPECIAL MEETING OF THE BOARD OF DIRECTORS

LAKE DON PEDRO COMMUNITY SERVICES DISTRICT

Friday, October 21st, 2011 @ 1000hrs

 

NOTE: Verbatim transcriptions based on analog and/or digital recordings.

 

The agenda item was Government Code Section 54957(b)(2) – Public Employee Discipline/Dismissal/Release/Specific Complaint –  Pursuant to Government Code Section 54957 (b)(2), the employee may request that complaints or charges be heard in Open rather than Closed Session which the employee has requested.The meeting revolved around previous Personnel Committee Meetings regarding a grievance by one employee against another, and then, for lack of a better term, a corresponding cross-complaint by the subject of the original complaint.  Complicating the matter was the fact one employee preferred to have the matter handled in a Closed Session, the other in Open Session.  Rather than go through a long and time consuming verbatim transcription of employee complaints and cross complaints, combined with the sincere hope unnecessary publication of the specifics might more appropriately foster an environment for resolving the situation to the satisfaction of both employees, I am going to focus on another aspect of that meeting – another disruption by the SO GOSIP [Same Old Group of Special Interest People].

THE WILE E. COYOTE SYNDROME FROM LOONEY TUNES

This most recent performance was conceptually quite clever, but, just like all the other scams and choreographed demonstrations the SO GOSIP construct and attempt to execute, it ultimately backfired in their collective face.  The “poor old Wile E. Coyote syndrome” to the max.  No matter how hard that Coyote tried, he just couldn’t get that Road Runner.   So too, the SO GOSIP collectively scheme, plan and set their diabolical traps.  They organize the assault and prepare by loading their mouths with accusations and personal attacks, then as a determined collective unit (of a few individuals) unleash their barrage of condemnation only to inevitably once again shoot themselves.   

KA-BOOM!    …… Nothing left but smoldering shoulders while the headless body frantically searches for the missing head that came up with the idea.   And just as in the cartoon, the SO GOSIP’s collective head just “pops back into place” with a blow to the stomach, they shake off the dusty absurdity of their actions and again diligently prepare for another show at the next LDPCSD Board Meeting.  Each time they finish such a production they march out with an exaggerated and bewildering show of triumph believing they were somehow successful but all the while embarrassingly oblivious to their transparent display of foolishness.             

WERE “TUMMOTA’s” ACTIONS UNDER COLOR OF AUTHORITY?

Guess we should start off with the definition of “TUMMOTA”?  Simply, “The Unidentified Male Member Of The Audience”.  [And no,  “Male Member” is not intended to be a personality description just because a synonym for such happens to rhyme with Rick.  Total coincidence.]   The name TUMMOTA adds a bit more mystery to the new member of the SO GOSIP and will be much easier to type during verbatim transcription.  

I must confess the attendance of this overdressed newcomer, apparently pressed into service by the SO GOSIP, proved to be quite interesting albeit contrary to the Brown Act [Business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency] and Penal Code Section 403 [Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 302 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor.”]

“TUMMOTA” quite obviously assisted the SO GOSIP (5-6 people) who once again blatantly disregarded Brown Act meeting requirements by transforming a business proceeding into another personal attack free-for- all.  [You know, attending other county government meetings is like going to church after experiencing a typical SO GOSIP hi-jacking.]  As most of you realize, the Ralph M. Brown Act was basically created to keep decisions of a governing board transparent to the public as well as provide opportunities for public input and access to information, however, TUMMOTA continually pushed his incorrect belief that the SO GOSIP had the right to bring up topics having ABSOLUTELY NOTHING TO DO WITH OUR CSD BUSINESS MEETING.   

Naturally “yours truly” was the specific target for their coordinated barrage of insults and outrageous accusations, most framed around this website for having the audacity to post the truth about what this group has and will continue to do if unchecked.  This right to free speech was made perfectly clear by the CSD attorney in his response to the Grand Jury but the SO GOSIP MUST CONTROL EVERY POSSIBLE INFORMATION SOURCE.   I am an evil man?  Whoa, pretty heavy emotionally charged statement by Coralane Porter when it was her turn at bat.   Once again…..   KA-BOOM!    I think you will find the forthcoming analysis of Ms. Porter’s statements quite enlightening.   I find it curious that the SO GOSIP object to honest personal commentary on serious issues within this community by a director.  They complain that my opinion should not be allowed because I am an elected official, but what they clearly fail to realize or do not understand is that because of that position I have been rather mild in reporting what I believe about these folks.  I look forward to the day when I will be able to write more freely about their duplicitous and special interest advocacy.  

BEAT THEM WHILE THEY’RE DOWN

The meeting contained a number of negative comments about an employee who was not even present which in itself is very illustrative of the SO GOSIP’s sense of “fair play”.  Especially interesting is the fact these are the very same people who vigorously backed a director who was forced to resign in order to obtain a plea bargain with the District Attorney’s Office in a criminal case.  And related to that case was the allegation that this former director had encouraged the Interim General Manager to terminate this same employee who was “rat packed” at the last meeting.   Please “recall” that two sitting directors went out of their way to conceal the entire mess and not address misconduct of their “third vote” director.  Notice a pattern of behavior?  An enemy of my enemy is a friend?  Given enough time this group will tear themselves apart because they are unethical, pursuing third party business and personal agendas, and there is no honor among thieves. 

SPIN ON A DIME

Another amazing and commonplace characteristic of the SO GOSIP is their ability to abruptly change positions – at one meeting they criticized and berated a particular employee implying all sorts of unethical and unprofessional conduct, then at the next meeting, spin 180 degrees around and clearly supported that same employee in an adversarial proceeding against another employee.   I guess it’s fortunate for me there is absolutely no ambiguity in their united opposition to any source of information they cannot control.  It’s always preferable to know where you stand – whether good, bad or indifferent and I know exactly where I stand, and have remained standing while the SO GOSIP desperately scamper about attempting to gain credibility.  But alas, their actions speak louder than their insults.  These folks have tried to shut this website down from the moment it began over 6 years ago because they do not want truth and facts to escape the dominating control they have always exercised in this area.   Consider the motivation – follow the money.  

THE MORE TUMULTUOUS THE BETTER

The SO GOSIP thrive on turmoil and exploit every opportunity to facilitate the creation and continuation of such regardless of the contradictory nature of their previous actions.    They flip back and forth, refuse to support their position with fact, and will toss a wrench into the business machinery just to see what happens.  Doesn’t matter, right or wrong, just or unjust, logical or illogical – the primary mission is to perpetuate turmoil so they have something to complain about which simultaneously provides the opportunity to proclaim they have solutions – to the very problems they create.   Kind of like protection rackets where victim parties pay someone not to damage their property or an arsonist firefighter who is first on the scene.  These people are disingenuous.        

CREATIVE NEW TWIST

I usually arrive at the CSD early so as to prepare paperwork and stomach for the next “demonstration” by the SO GOSIP but on October 21st noticed a couple of peculiar things.  Driving to the office I observed TUMMOTA walking North along Merced Falls Road between the Deerwood Corporation sales office and the new fire station on the west side of the road.   I correctly assumed this well dressed individual was in route to the CSD meeting but as I parked my truck I noticed there were other vehicles in the parking lot which was also unusual.  Took a few final sips of my Mountain Dew, got out of the vehicle and started towards the board room and that’s when I almost made a “Spot” in the parking lot.

SPOT IS A FITTING NAME FOR MANY OF OUR TARANTULAS

Because that is what a lot of them become on highways, roads, and parking lots.  (Technically they are Trap Door Spiders but when the Europeans settled here they were reminded of the true Tarantulas back home so the name stuck.)   Anyway walking around the rear of my truck I almost turned one of those timid little creatures into a spot with my boot.  I walked over to the board room entrance where Mr. Wes Barton was waiting and we proceeded to talk about the critters being so abundant during this season – always perfect for Halloween.   From that position I observed our future “TUMMOTA” playing around with the “future SPOT” with something dark in his hand.   (Actually it’s not very nice to screw with the little guys especially if they are forced to release the small hairs on their backside by thrashing and rubbing with their rear legs.  This defensive action works.   One of my dogs once made the mistake of “nosing around” an irritated “Tarantula” and got a snoot full of those hairs which work like mace by getting up into, and irritating, the nasal passages.  That poor dog was sneezing and drooling for quite a while before it wore off.  No doubt effective because she didn’t mess around with Tarantulas anymore.)

I didn’t think much of TUMMOTA playing around with “SPOT” but later learned the “tool” he was using to harass the critter was his wallet and while doing so a passing Staff Member on the way to the board room observed some sort of a gold badge in the wallet.  (Remember the tune to Dragnet?)  Why was the wallet open?  Was TUMMOTA making an arachnid arrest?  Or was it just one piece of an elaborate scheme to misrepresent that he was some type of authority?  Oh, but it gets better.

Later during a break from a Closed Session, I was sitting on the tailgate of my pickup when TUMMOTA walked by and stopped a few yards away.  Without any introduction or small talk he curtly asked when I came on the board.  I advised I was elected in November to a four year term and took the oath of office on December 3rd.  TUMMOTA then asked a couple of peculiar questions:   “Are you sure it was December 3rd?   Yes – pretty sure.  “Could it have been December 2nd?”  Don’t think so, pretty sure it was the 3rd.   TUMMOTA scribbled down some notes and walked away to join a couple of other members of the SO GOSIP in the parking lot.  Hum, strange.

RUMORS WERE FLYING ABOUT TUMMOTA

Members of the SO GOSIP advised others that TUMMOTA was from the State Attorney General’s Office and there was AG interest in our special district.   I later learned a member of the SO GOSIP had allegedly relayed that TUMMOTA advised her that my website was illegal!  (Sure wish I knew about that little mistaken assertion before resuming the meeting, I would have had a lot more to say to our officious intermeddling self-appointed acting president of the board.  lol)  

A COLD RAIN =  NO TIME RESTRICTIONS

There is so much to report about this incident but it will go much easier for both of us if it is done incrementally.  Besides, I’ve got other work to do.  Earlier this week I was pleased to learn burning was permitted between the hours of 7pm-8am with a permit.  [1-888-440-2876 for burn information]  Unbelievable how quickly Pine needles, cones, Oak leaves, etc., continue to accumulate – but hey, it’s that time of the year.  Such ground coverage on a steep slope is extremely dangerous because it’s slick and losing your footing and busting your tailbone is something to be avoided.  Such an injury is not only quite painful but takes a while to heal. 

I’ll spend hours getting all the stuff raked into piles – wait for a permissive burn day – and finally get rid of it just in time for the next wind to re-deposit the debris everywhere but it still makes sense to do it a piece at a time and give sore muscles a chance to heal.   This morning I noticed the strong odor of vegetative smoke and wondered….. was this recent rain enough to drop the time restrictions?  YUP.  Just found out – daytime burning is now allowed.   (Naturally other restrictions still apply).        

 

The other day out raking and piling in preparation for the next burn I was thinking about seeing TUMMOTA just walking down the road towards the CSD before the October 21st meeting.   Just walking down the street…..   Next thing you know that tune was in my head and I was putting together some new lyrics to the old Manfred Mann “Do Wah Diddy Diddy” song from 1964.  I think this might be a good place to stop for now.

(Previous youtube video removed)

There’s TUMMOTA just a walking down the street

Singing – Do wah diddy diddy DUMB diddy do

Interrupts a meeting tells directors what to do

Singing – Do wah diddy diddy DUMB diddy do

Officious look (Commands the scene) – Officious look (Commands the scene)

Officious look, commands the scene is he dressed for Halloween?

 

Now who’s that speaker who pretends to be A.G.?

Singing – Do wah diddy diddy DUMB diddy dee

Anony-mous and his name he will not tell

Singing do wah diddy diddy DUMB – What the hell?

A-nony-mous – (He won’t tell)   A-nony-mous – (He won’t tell)

A-nony-mous – he won’t tell – could be head’n off to jail?

 

Wah Ooooooo

 I knew he was wrong and way – way out

Yes I did but he kept going on

Just like he knew what he was talking about

 

Asked him twice but his name he can’t pronounce

Singing – Do wah diddy diddy DUMB diddy do

Seems to me just another ANY MOUSE

Singing – Do wah diddy diddy DUMB ditty do

Wants to hide – (No guts), Wants to hide – (No guts)

Wants to hide – no guts could this guy be frigg’n nuts?

Wah Ooooooo

 I knew he was wrong and way – way out

Yes I did but he kept going on

Just like he knew what he was talking about

 

Every meeting the SO GOSIP make a mess

Singing – do wah diddy diddy DUMB – can you guess?

They make a lot of statements but the truth they cannot tell

Singing – do wah diddy diddy DUMB – What’s the bail?

A power need – (Support greed) – A power need – (Support greed)

A power need – support greed, use your brain and you might see.

 

Singing – Do wah diddy diddy DUMB diddy DUMB

Yes you guessed it – this little song is done.  

 

Have a great weekend!

My best to you and yours, Lew

Categories: Uncategorized.

FINAL PORTION OF OCT 17th, 2011 Meeting

Reading Time: 4 minutes

“LEW’S VIEW”

Regarding the “final installment” of the

REGULAR MONTHLY MEETING OF THE

LAKE DON PEDRO COMMUNITY SERVICES DISTRICT

Monday, October 17th, 2011 1300hrs

 

NOTE: Verbatim transcriptions based on analog and digital recordings.

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

XXXXX

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

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

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

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

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

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

DIRECTORS COMMENTS

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

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

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

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

Board Secretary Charise Reeves:  Ah please adjourn.

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

XXXXX     END OF OCTOBER 17th, 2011 MEETING     XXXXX

My best to you and yours, Lew

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

Categories: Uncategorized.

“I’LL GET BACK TO YOU SOMEDAY”

Reading Time: 41 minutes
 
 
 
 
 
 

BAIT COMES IN MANY FORMS

 

POE MATTER INSTALLMENT OF “LEW’S VIEW”

Regarding the

REGULAR MONTHLY MEETING OF THE

LAKE DON PEDRO COMMUNITY SERVICES DISTRICT

Monday, October 17th, 2011 1300hrs

 

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

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

XXXXX

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

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

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

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

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

Mrs. Poe:  Ready?

Secretary Reeves:  Yeah

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

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

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

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

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

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

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

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

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

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

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

[The approval was obviously conditional.]

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

(Director Emery Ross talking in background about the matter)

Mrs. Poe:  He wasn’t involved. 

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

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

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

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

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

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

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

Director Richardson:  Right.

Mrs. Poe:  That’s her property.

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

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

(Director Ross talking in background)

Director Richardson:  Right, south of you.

Mrs. Poe:  Yeah

(Director Emery Ross still talking in background)

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

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

(Ross talking in background)

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

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

(Director Ross still talking in background)

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

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

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

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

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

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

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

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

Director Richardson:  But it was on the billing too.

Mrs. Poe:  No it was not, no sir.

Director Richardson:  Alright, I believe it was.

Mrs. Poe:  No sir, you show me.

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

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

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

Mrs. Poe:  What letters?

[What letters?  How many are there?]

(Soft speaking in background)

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

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

Director Richardson:  No I did not.

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

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

Mrs. Poe:  Show me where

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

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

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

Director Richardson:  Hum.

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

Mrs. Poe:  She, he

Unknown:  Directly south (inaudible)

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

Director Richardson:  Was, was

Mrs. Poe: Way down

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

Mrs. Poe: No.

Director Richardson:  OK

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

Director Richardson:  OK.

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

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

Director Richardson:  You’ve never seen…

Mrs. Poe: Never seen her

Director Richardson:  …Mrs. Morasci in person?

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

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

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

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

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

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

Director Richardson:  Well of course, yeah.

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

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

Director Richardson:  Sure

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

Director Richardson:  Yeah

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

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

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

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

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

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

Mrs. Poe:  No, her’s is way down

Director Skoien:  Not Shaw

Director Richardson:  Not Shaw?

Director Skoien:  Not Shaw

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

Mrs. Poe:  Three partners where?

Director Richardson: With you Morasci and a third person?

Mrs. Poe:  No.  No.

[No third partner?]

Director Skoien:  It was her and her two sons.

Director Richardson:  Ahum

Director Skoien:  (inaudible)

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

Mrs. Poe:  No.

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

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

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

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

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

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

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

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

Director Richardson:  OK

Mrs. Poe:  How do I know?  I mean,

Director Richardson:  OK

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

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

Mrs.  Poe:  OK

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

Mrs. Poe:  No

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

Director Richardson:  was it Pattison was associated with

Mrs. Poe:  Pattison was my oldest

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

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

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

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

Mrs. Poe:  Show me

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

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

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

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

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

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

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

Mrs. Poe:  But not on her meter

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

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

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

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

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

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

Director Richardson:  OK

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

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

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

Mrs. Poe:  Why?

Director Richardson:   there was com – plicit ceny with

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

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

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

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

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

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

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

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

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

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

Mrs. Poe:  Ah-ha

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

Mrs. Poe:  What pipe?

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

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

Director Richardson:  Right

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

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

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

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

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

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

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

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

Director Richardson:  But no consumption

Director Skoien:  Yeah, OK

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

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

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

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

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

Mrs. Poe:  yeah

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

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

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

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

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

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

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

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

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

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

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

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

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

[Basic question: Who stood something to gain?]

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

Director Richardson:  Because there were three separate properties.

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

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

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

Mrs. Poe:  All I know is

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

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

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

Director Richardson:  Right

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

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

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

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

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

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

Mrs. Poe:  Yes it is, it is sad.

Director Richardson:  Yes it is

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

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

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

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

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

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

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

VP Kinsella:  OK times, OK, times up.

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

Director Richardson:  Is that from Mr. Nichols?

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

Director Richardson:  From Mr. Nichols?

Director Skoien:  Huh? 

Director Richardson:  Is it from Mr. Nichols?

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

VP Kinsella:  Thank you Mrs. Poe

Director Richardson:  Oh, oh OK

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

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

Director Richardson:  No, no I

Director Skoien:  That I had found this because

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

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

Director Richardson:  You know I did

Director Skoien:  No, I

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

Director Skoien:  Exactly

Director Richardson:  No I understand that

Director Skoien:  and when I said hookup, no meter

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

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

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

Director Skoien:  Ah, yeah you did

Director Richardson:  No I said you misrepresented it

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

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

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

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

VP Kinsella:  Get back to the issue

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

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

Director Richardson:  Right

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

Mrs. Poe:  (inaudible) who did that?

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

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

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

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

Secretary Reeves:  No

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

Director Richardson:  Well I appreciate that, thank you

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

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

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

Director Skoien:  About the tunneling?

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

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

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

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

Director Skoien:  But that’s all on Morasci

Director Richardson:  Morasci I believe is the way to

Director Skoien:  OK, Morasci

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

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

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

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

Secretary Reeves:  any, any of us being here

Director Skoien:  Right, right absolutely

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

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

Director Ross:  Or board members

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

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

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

Director Richardson:  Right

Mrs. Poe:  Just real quick

VP Kinsella:  OK, one last comment, go ahead

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

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

VP Kinsella:  OK

Mrs. Poe:  So,

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

Director Richardson:  Can we take a break or something?

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

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

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

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

Mrs. Poe:  OK (inaudible)

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

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

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

Mrs. Poe:  Amen

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

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

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

VP Kinsella:  OK, ten minute break.

Secretary Reeves:  OK, at 4:44.

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

Back on record 4:55

Item o. Information concerning Poe meter removal.

  Request by Director Richardson regarding statements by Directors about the existence of a meter on the Morasci property adjacent to Poe’s property.
 
 
 
 
 
 
 
 
 
 

 

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

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

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

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

Director Richardson:  OK, well

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

Director Richardson:  OK well then, then my statements

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

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

Secretary Reeves:  OK

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

Director Skoien:  M-A-D-D-E-N Lew?

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

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

Director Skoien:  Yeah I said I misspoke

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

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

Director Skoien:  OK

Director Richardson:  Ahum

Director Skoien:  I’m with ya

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

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

Director Ross:  That it?

Director Richardson:  That’s it.

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

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

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

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

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

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

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

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

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

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

WHAT’S MY COVERAGE DOC?

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

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

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

NOW BACK TO THE MAGICAL MYSTERY METER TOUR]

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

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

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

VP Kinsella:  Sure

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

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

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

Director Ross:  But it confirms the fact that I

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

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

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

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

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

Director Ross:  Yeah, well I don’t

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

Director Ross:  Yeah,

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

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

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

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

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

Director Ross:  She was

Director Skoien:  Well, back then, when they say

Director Richardson:  I haven’t found one example

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

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

Director Skoien:  Yeah but back then, back then,

Director Richardson:  There are three properties not one.

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

Secretary Reeves:  We don’t know

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

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

Director Ross:  Yeah, because of the tank

Director Skoien:  Yeah

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

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

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

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

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

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

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

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

 

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

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

 

My best to you and yours, Lew 

 
Categories: Uncategorized.

ACCUSATIONS FLY REGARDING FURTHER…… are you ready?

Reading Time: 15 minutes

BROWN “BAT” VIOLATIONS

 

 

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

 

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

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

  

“LEW’S VIEW” CONTINUED

Regarding the

REGULAR MONTHLY MEETING OF THE

LAKE DON PEDRO COMMUNITY SERVICES DISTRICT

Monday, October 17th, 2011 1300hrs

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

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

XXXXX

3.  DISCUSSION/ACTION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

VP Kinsella:  OK

Wes Barton:  Dan is your problem OK?

VP Kinsella:  Tell me about it

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

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

Wes Barton:  Yeah, yeah

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

Wes Barton:  Well, I, I..

Director Richardson:  I mean seriously.

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

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

Wes Barton:  I’m talking about right now

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

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

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

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

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

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

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

(inaudible) 

VP Kinsella:  No I don’t have a question

Wes Barton:  Oh I thought you did.

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

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

Director Ross:  I just said it was an email

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

VP Kinsella:  There are all kinds of issues

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

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

Multiple voices

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

Interim General Manager:  It came out of my pocket

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

Director Ross:  I never said that.

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

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

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

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

k. Meter Installation and Revenue Loss, by D Tynan to discuss Meter Installation CIP Project.  A 2004 report from our CSD engineers stated we could be losing $89,000 a year due to the inaccuracy of older meters. [Under-read between 10%-15%] CSD is losing revenue and an inequitable situation exists where new meter users are paying what they should and older meter users are paying less.  Approval by Board to hire two part time employees dedicated to installation of meters with progress reports made to the board.  Warranties on the meters have started although they are not in the ground working.  3-1 director vote (Director Ross voting no) to approve the hiring of two employees for this specific project with monthly progress reports to board. 

XXXXX

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

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

My best to you and yours, Lew

 

 
 
Categories: Uncategorized.

FRUIT LOOPS BELONG IN A BOWL WITH MILK!

Reading Time: 17 minutes
 

FRUIT LOOPS BREAKFAST

 

 “LEW’S VIEW” REGARDING THE

REGULAR MONTHLY MEETING OF THE

LAKE DON PEDRO COMMUNITY SERVICES DISTRICT

Monday, October 17th, 2011  1300hrs

 

NOTE: Verbatim transcriptions were based on analog and digital recordings of the meeting and prepared by Lew Richardson. 

YUP I agree wholeheartedly, that “blow by blow” verbatim transcription stuff is not only time consuming but at times quite difficult to read with the constant interruptions.  Often boring too. 

SPK1: “I did not!”

SPK2: “Yes you did!”

SPK1: “Did not!”

SPK2: “Did so”

SPK1:  “Not”

SPK2”  “Did”

SPK1”  “No”

SPK2”  “Yes”……….

Lol

 DOESN’T MATTER

You know, it really doesn’t matter how I present meeting information anyway because the SO GOSIP [Same Old Group Of Special Interest People] simply do not want YOU, the rate paying customer, to see, hear or read what happens at our LDPCSD meetings.  [Video sure would be interesting.] 

The SO GOSIP:

Manufacture spurious accusations and arguments in hopes of obstructing, distracting, and concealing facts and the truth.  

Complain that I am an evil wrongdoer for presenting on this website PUBLIC INFORMATION along with MY PERSONAL OPINION about matters affecting our public agency. 

Do not question evidence of intentional obstructionism to CSD progress or jeopardizing its future existence with patently illogical and childish behavior. 

Do not challenge highly suspicious activities and fabrications of the truth by Public Officials, but rather, only complain that I should be denied my rights in expressing legitimate personal concerns about such activities. 

Why?  Because their modus operandi (method of operation) in support of special interest activity is so FRACKING OBVIOUS!

Unfortunately our last CSD meeting qualifies for prominent position on the list of “peculiar business meetings”.  Think you sense a bit of frustration, maybe some anger?   YOU BET YOUR SWEET ASSETS LITTLE COW POKE!   

Why not grab a snack and/or beverage, get comfortable, read the following transcript regarding item 3. B:  Filling Board Vacancy, and judge for yourself?  Does it make sense to deny appointment to the only  applicant (highly qualified as well) for a single vacancy?   

XXXXX     XXXXX     XXXXX

Meeting opens at 1300hrs, Present: Vice President Bill Kinsella, Directors Emery Ross, Mark Skoien, and Lew Richardson; Board Secretary/Financial Administrator Charise Reeves, and LDPCSD Attorney Raymond Carlson.  (Interim General Manager Dan Tynan was absent due to a major pipe leak.)

Pledge of Allegiance.   

VICE PRESIDENT’S REPORT:  None

PUBLIC COMMENT:

Jesse Figueroa commented he was aware of the fact the Ranchito Well testing had not been completed which directly related to his later agenda item so he agreed to have it rescheduled for the November regular meeting.  [Incidentally the Board Packet was 155 pages.]

FILLING BOARD VACANCY (Begin transcript)

Vice President Bill Kinsella:  We have ah, the next item is filling the board vacancy.  As you’re aware Vicki resigned, we have had one letter of interest and that was from Victor Afanasiev and nobody else has expressed an interest so I would like to suggest to the board that we vote up or down on Mr. Afanasiev.  Board comments?

Director Emery Ross:  I’ll wait do you have one Mark or anything? 

VP Kinsella:  What?

Director Ross:  I said, did Mark have one or not? 

Director Mark Skoien:  Nope.

Director Ross:  What about Public Comment?  You gonna have public comment about it?

VP Kinsella:  Well, I want to find out what the board wants to do first and then we’ll kick it open to the public.

Director Ross:  Ah OK, well, making me first I guess, well is there anybody else up here that’s going to comment because I’d rather wait

VP Kinsella:  Lew?

Director Lew Richardson:  Maybe I want to wait too (laughing)

Director Ross:  maybe you will (inaudible)

VP Kinsella:  Somebody do something (laughing)

Director Ross:  OK well I guess I can say something, ahum, you know I’ve had a lot of calls about this (inaudible-mumbling) this, this vacancy, and ah, you know, I,  I’ve known Victor for a long time How long have I known you Victor? 

Victor Afanasiev:  Oh I don’t know

Director Ross: (Laughing)  I mean Carly’s probably ten years old, the cow we got as a calf, so, at least that long if not longer, and you know, the way I look at it there’s two Victors.  There’s a Victor that says, you know, excuse me ah counselor I disagree, you know, and a Victor that says the ah, the telephone records were, were illegal and when the DA and Raymond says they weren’t and staff gave it to him and then there’s this other guy, this guy that ah, on a Christmas Day, probably 10 years ago maybe not that long, ah we we found some kids that didn’t have, weren’t going to have a Christmas and ah you and your wife put together food and wrapped presents and did all kinds of things you know, and Christmas Day I take those down there.  The Victor that, that that ah does these baskets over here every Christmas.  And so I I’m,  I’m somewhat torn between the two Victors because I know you’re a very compassionate caring person.   I have a problem when you openly criticize Raymond, you know, ah and I think it’s OK in Closed Session, you know to criticize that critic, you know, real bad, but you know you can make comments and that’s, that’s what I’m, you know, torn on that, and of course I’ve had a lot of calls please, please, please give us ah, you know more time to decide, and, I don’t know if that’s fair or not, ah we could go until Friday but you’re the only candidate and ah, so I got to make up my mind today and that’s about all I can say for now.

VP Kinsella:  Lew?

Director Richardson:  I, I don’t know really, understand anyone else’s personal conflict with the applicant, we have one vacancy we have one applicant who’s more than, apparently reading from his resume, qualified.   I don’t see where there’s an issue and as far as disagreeing with counsel, well you know, people disagree all the time

VP Kinsella:  Me too. (laughing)

Attorney Ray Carlson:  I understand (laughing)

Director Richardson: You know, and, but still we have a duty to listen to counsel.  I don’t think there’s anything done inappropriate there, we have people disagree with things all the time here and actually that’s even encouraged to flush out what the situation is so I don’t really understand what that preamble was

(Inaudible back ground female voice in audience)

VP Kinsella:  Mark?  Oh, are you done?

Director Richardson:  Yeah, yeah.

VP Kinsella:  Mark, no comment?

Director Ross: Well, you know, what the preamble was because you wouldn’t speak first so I had to speak first

Director Richardson:  You started speaking first

Director Ross:  No, you didn’t want to, ah, there’s people that that said that they would like to have some more time, you know, I don’t know if that’s appropriate or not that’s up to this board and for Raymond to decide if it’s legal or not, we could go until this Friday but I don’t know if that would make any difference because we really haven’t got anybody, but, other than that find out from public maybe there’s somebody out there who’s gonna,  wants to that was late I don’t know, that wants to apply for it.

(Multiple voices)

Director Mark Skoien: (inaudible) the next meeting?

VP Kinsella:  Say again?

Director Skoien:  Can we go to the, until the next meeting?

VP Kinsella:  No

Director Ross:  No time

VP Kinsella:  No, we’ve, we’ve posted

Director Ross:  hold it to the next one yeah

VP Kinsella:  You want to finish?

Director Ross:  Yeah, I was going to say the meeting on Friday (inaudible) we’re having a meeting Friday right?

VP Kinsella: Yeah but that’s not that’s not going to do anything    

Director Ross:  Ah, OK

VP Kinsella:  The notice was adequately posted throughout the subdivision, ah, there was a meeting held by other people and a candidate was supposed to come forth from that group the candidate never submitted any information never expressed a request for us.  I don’t believe that Victor should win by default I think that Victor should be voted on the board.  Just that simple.  So unless somebody has a, has a question I’m going to ask for a motion from the board to install Victor as the next director. 

Director Richardson:  I’ll make the motion

VP Kinsella: Do I have a second? (No response)  I will second.  (Door opens and closes)  Just in time 

Public:  Shouldn’t you wait until (inaudible) record all this stuff?

VP Kinsella:  Say again?

Public:  Shouldn’t you wait until Charise gets back so you’ve got someone to record all this?

VP Kinsella:  I can’t hear you

Director Richardson:  He’s asking about the recording.  The recording is going

VP Kinsella:  Yeah, so?

Public:  Oh OK, it’s on.

Director Richardson:  Yeah, it’s working for now.

IGM Dan Tynan:  If it’s OK I was going to see if ah  

VP Kinsella: No, we just, we’re not to you yet.

IGM Dan Tynan:  (Laughs) OK, we’ll I just want to let everybody know there’s a very bad leak on Arbolada and Justin is the only one out there right now

VP Kinsella:  Charise filled me in on that, any comments from the ah floor?  Sir?   

Wes Barton:  Victor is nuts,  (Laughter), but he wants the job and I tell you, I’ve been up here 8 years and there’s not a better person than Victor.  Like everybody’s referred to him I mean he’s out there helping people whether there’s a fire, or it’s kids, or if it’s the Lions or if it’s whatever.  He and I disagree all the time but I’m always right and he’s always wrong (audience laughter) but he’s still a damn good guy and I, I would highly recommend him.

VP Kinsella:  Any other comments from the floor?  OK, back to the board, I’m going to call for the vote.  All in favor of Victor?    Aye

Director Richardson:  Aye

(No other response)

Director Richardson:  So we now go to the Board of Supervisors

VP Kinsella:  Right

Director Richardson: and here’s another embarrassment and another (clears throat) 

VP Kinsella:  Oh boy

Director Ross:  You haven’t finished saying no or abstain

VP Kinsella:  Well, all those against vote no….all those in opposition

(Director Skoien indicates NO)

VP Kinsella:  And you, you abstained?

Director Ross:  Yeah

VP Kinsella:  Well, why?

Director Ross:  Because I can’t decide between the two people

Director Richardson: Oh my Lord

Director Ross:  Which one are we talking about,  the one that got recalled from the owners or this (inaudible-multiple voices)

VP Kinsella:  I don’t

Director Richardson:  Oh boy

VP Kinsella:  I don’t think I want to go there any farther

Director Ross:  You asked

VP Kinsella: OK, that’s fine, then tomorrow morning I will get my little pudgy body down to the Board of Supervisors in Mariposa County with 13 copies and have the Board of Supervisors ah

(Back ground voice asking if we were out of copies [packet])

Director Ross:  You can

VP Kinsella:  make the appointment and

Director Ross: You can also re-advertise

VP Kinsella:  What?

Director Ross:  You can also advertise for other opening

VP Kinsella:  We only have two weeks Emery

Director Ross:  I know but (inaudible)

VP Kinsella:  I’m not, I’m not going to do that I want to fill the vacancy as quickly as possible.  Now you want to be an obstructionist that’s perfectly well within your right.

Director Ross:  Don’t say I’ve been an obstructionist

VP Kinsella:  I think you are

Director Mark Skoien:  He has a right to vote the way he wants just move on do what the next process is.

VP Kinsella:  That’s exactly what I’m going to do, he knows where it’s going

Director Ross:  Well Victor will probably apply there and get it there

VP Kinsella:  OK, well that’s fine

Victor Afanasiev:  I do not have to apply, the board’s (inaudible)

VP Kinsella:  Victor, as far, as far as I am concerned you’re a qualified candidate and ah, you are, you just didn’t get off the Banana Boat

Victor Afanasiev:  Well that’s fine.

VP Kinsella:  So

Board Secretary Charise Reeves:  Mark, what was your vote?

VP Kinsella:  Say again?

Secretary Reeves:   Mark?  No? No

VP Kinsella:   Mark voted no and Emery

Director Ross:  Abstained

VP Kinsella:  the usual.  OK

Secretary Reeves:  I’ll listen, I’ll listen to the tape to get the motion and everything

VP Kinsella:  Say again?

Secretary Reeves:  I’ll listen to the tape and catch up

VP Kinsella:  OK.  OK so much for that. 

Director Richardson:  What an embarrassment.

VP Kinsella:  We ah, we, the next item is Closed Session

Director Ross:  That’s an embarrassment

VP Kinsella:  What?

Director Ross: That’s an embarrassment, putting that early on a topic it should be at the end. 

VP Kinsella:  What?

Director Ross:  That should have been at the end all these people came now they’ve got to go for two hours in a Closed Session

VP Kinsella:  Hey listen

Unknown voice:  Stop it

Director Richardson:  Just let it go

VP Kinsella:  I’m not ah, I’m not

Director Richardson:  Just let it go

VP Kinsella:  I’m not going to get into that again

Public:  Bill can I ask a question?

VP Kinsella:  Yes sir.

Public: OK, when you, when you go before the supervisors to ask them to appoint somebody, is Victor’s the only name going to be on the list or what?

VP Kinsella:  That’s it

Director Ross:  That’s it

Public:  OK so

VP Kinsella:  I also have to ah, contact Tuolumne County Board of Supervisors, I don’t know the process for them, I, I do know that Mariposa County requires 13 copies, I think the same thing would be applicable in Tuolumne County.

Public:  Probably

VP Kinsella:  But since we only have one candidate

Public:  Is it too late

VP Kinsella:  who is, who is, who is qualified nobody else expressed an interest and do you think I blame them?  (Laughter)  No I don’t.

Public:  He asked a question Bill

VP Kinsella:  Yeah

Public:  He asked a question

Public: Yeah, will there be, can other people put their name in before you talk to the board?

VP Kinsella:  No it’s already been closed

Public:  Oh OK, so Victor is going to be the next board member (inaudible)

VP Kinsella:  I don’t know whether Victor is going to be the next board member.  The Board of Supervisors, the Board of Supervisors can also appoint somebody.  Victor is the candidate that applied here, the Board of Supervisors wants to put in Mickey Mouse they’ll appoint him.

Public:  OK, so it’s open then?

VP Kinsella:  It’s, as far as the Board of Supervisors is concerned, is open.

Public:  I just wanted to clarify that.  You may have 15 people this week put in their names (laughing)

VP Kinsella:  Well, there was, it was adequately posted, it was amply posted, people knew about it, ah, Vicki’s resignation was not a surprise to anybody, everybody in there knew befo, knew before I did that she was going to resign.  So I’m not going to get into that either.  The next item is the Closed Session.

Interim Manager Dan Tynan:  Bill?

VP Kinsella:  Yes

IGM Tynan:  I want to see if I can be excused so I can help on this leak, it’s tearing up the road

VP Kinsella:  Say again?

IGM Tynan:  I want to see if I can be excused to get on this leak ‘cuz I’ve got a young guy out there and it’s tearing up the road, it’s a very, very bad leak.

VP Kinsella:  OK

Secretary Reeves: So we’re going Closed Session at 1:18?

VP Kinsella:  Once, yeah 1:18.  Raymond?  We’re going  …. [End Transcript- Board goes into Closed Session]

XXXXX

 

NEXT BUS STOP COULD BE ANYONE

WHOA!  Talk about complimenting someone for their many years of honest and dedicated community service while simultaneously throwing them under another Porter Political Bus!  Ross is unsure about Victor because he (Victor) questioned the attorney?  Don’t buy that hogwash for a nanosecond, besides, what’s wrong with questioning opinions due to legitimate concern?  The true reason lies in another one of Ross’s traditional mumbling comments: 

“…the one [Victor] that got recalled from the owners…”.

 SURE BRING IT UP AGAIN – DOESN’T BOTHER ME

IN FACT, LET’S TAKE ANOTHER LOOK AT THE ILLUSTRATION THAT GAVE BIRTH TO THE “PORTER CARTOON RECALL” OF AN HONEST HARD WORKING BOARD

 

THE INFAMOUS CARTOON

Please “recall” that the submitted cartoon juxaposed two well known community facts regarding activities of Thomas Porter and his Deerwood Corporation:

 

1) A donated a sign with wording suggesting the entire high school had been donated by Tom and Peggy Porter; and

2) A very large golf course water bill was outstanding with multiple refusals to pay.

The Lake Don Pedro Owners’ Association Board of Directors at that time seriously considered possible ramifications of publishing the cartoon but decided the artist’s First Amendment Right to Free Speech was the paramount issue especially after the many years of censorship to Deerwood’s favor by another local publication.  Consider this, had a member submitted a Letter to the Editor expressing those same concerns it would have been published without question, so why should a simple satirical cartoon receive different treatment? 

The cartoon was published in the former “NEW DISCOVERER” and after only four days that unpaid Deerwood Corporation water bill, which had been gradually reduced from $80,000, to $60,000, to $40,000 and finally $20,000, with only a mere $5,000 offered settlement by Thomas Porter, was paid off to the tune of $20,407.08 on May 4th, 2009.  Of course that is when Porter’s Cartoon Recall started complete with free lunches at the golf course for those who attended petition signings.  Heck even a community volunteer Deputy Sheriff was used to collect signatures despite being unaware of the real reason for the recall.  

The directors that didn’t immediately cave to threats of recall and demands for an apology to Thomas Porter to this day still believe their actions were correct but naturally that didn’t stop the Porter Political Machine from recalling those directors.  Recalled for standing up for the Right to Free Speech and dissemination of truthful information?  I am proud to have been a member of a board that courageously stood up against the self-serving negative influence of a multi-million dollar land development/mortgage corporation that had been allowed to do whatever it wanted within this subdivision.  

I find it amusing that those who constantly bring that recall up evidently believe it is something of which to be ashamed or embarrassed when in actuality, it is the SO GOSIP who should be ashamed and embarrassed for supporting such domination, control, and suppression of the truth.   They were the traitors to this community and its rural foothill environment.  Golly Gee Professor…..what did that uncontrolled Deerwood development actually do for this area?  Corruption of governing boards, numerous short-sales that negatively affect existing homes, a huge inventory of vacant deteriorating homes, and dangerous developer convenience roads that do not conform to State mandated Fire Safe roadway standards to name only a few.  [Wonder if this relates to the new FIRE FEE for homes in SRA – State Responsibility Areas?]  

Anyway, back to the GOOD VICTOR-BAD VICTOR bedtime story for idiots.       

TWO VICTORS?

Emery Ross apparently has some serious comprehension issues in recognizing and appreciating a single individual’s existence. (You’ll understand more about this comment when considering the POE METER REMOVAL MATTER where Mr. Ross represented to the Board and public that one individual was two separate people owning different parcels when in actuality she was a former real estate agent (evidently known by three different last names) and who ultimately received a cease and desist order from the State Department of Real Estate for conducting activities without the proper license.   Mr. Ross’s May 3rd, 2011 email to other directors is also intriguing reading since it was an alleged “Investigative” report of fact containing clearly incorrect information.)

DOCTOR JECKLE AND MR. AFANASIEV?

Why would Ross abstain from a yes appointment vote?

Emery Ross:  “Because I can’t decide between the two people”

What is this nonsense, some kind of Lake Don Pedro Dr. Jeckle and Mr. Hyde analogy of Mr. Afanasiev’s more than adequate qualifications (but more importantly his integrity) to be appointed to the LDPCSD Board of Directors?  This is absolutely absurd!  Good Heavens, even when attempting to diminish Afanasiev’s qualifications for appointment (without success) when Ross mentioned the association recall he himself suggested the possible origin of the strings that manipulate his “mumbling cowboy” persona.

(When I first met Emery I felt as though I was talking with one of the actors on the movie set of “Lonesome Dove”, you know, a down to Earth no-nonsense cowboy perspective, but that manufactured illusion quickly disappeared in light of his continuing special interest activities.)

Here is the “application” submitted by Mr. Victor Afanasiev on October 3, 2011 for the Board position:

TO THE BOARD OF DIRECTORS OF THE LDPCSD:

 My name is Victor Afanasiev and I am requesting an appointment to fill a vacancy on the Board of Directors of the LDPCSD.

I retired as a supervisor of the Centrifuge Department of Beckman Instruments in Palo Alto, California, after working for 28 years with the same company.  After moving to Lake Don Pedro, I became involved in various community organizations:  LDPOA, LDPCSD and the Lions Club.  I attended the majority of the meetings of both LDPOA and LDPCSD.  I was a member of the citizens’ committee that was involved in the formation of UC Merced and took an active role in the committee.  I was appointed by the School Board of Big Oak Flat Groveland to the oversight committee for Measure M and a $7 million bond to build gyms in Tioga and Don Pedro High Schools.  I had to resign from the committee when I was appointed to the 2009-2010 Tuolumne County Grand Jury where I was elected to be one of the three committee chairs.

During my time in Palo Alto, I attended an evening law school and continue to this day to be interested in law cases.  Presently I am involved with AWRA (American Water Resources Association), Cal Fed (the State Water Resources Board), DWR (Department of Water Resources) and Water Education Foundation.

I respectfully request to be considered for an appointment to the board of LDPCSD and I believe I will be a good addition to the board.  Thank you.  (Signed) Victor Afanasiev. 

SOME THINK THIS IS FUNNY

I have heard some people consider such activity by Ross to be entertaining, however, when it concerns the reputation, and perhaps even the survival of this CSD, I am not the least bit amused.  Granted, if it were another community I would likely shake my head in disbelief, laugh at the ridiculous antics and be thankful I didn’t live there.  But there’s the rub, Lake Don Pedro is my home.  I live here and such activity is counterproductive and must stop.

MOST WOULD CALL THESE CLUES

The previous Mariposa County Grand Jury suggested Emery Ross resign as president of the board and is a BIG CLUE to the origin of many CSD difficulties.  That 3rd resignation by Ross may have slowed some of the nonsense down but it continues and is specifically intended to keep this organization in a dysfunctional holding pattern while another Thomas Porter/Deerwood Corporation Recall quietly proceeds in the background to pack this board with “Porter Supporters”.  The fact Emery Ross was directly involved with the formation of this recall movement is ANOTHER BIG CLUE to what is going on.   Naturally Mr. Ross could not effectuate such obstructionism by himself and a quick glance at some of the more confusing decisions reveals the co-operation of Director Mark Skoien.  The fact that both Ross and Skoien refused to investigate alleged misconduct of a former director (ultimately removed due to action by the District Attorney on information furnished by the Grand Jury) is yet ANOTHER BIG CLUE.  And now, the POE METER REMOVAL MATTER I believe will clearly document the collusion by sitting directors to obscure the truth in that case. 

I have studied massive amounts of material, worked very hard at understanding water related issues and some of the specific difficulties within this district but it all means absolutely nothing when intentional obstructionism by these two directors is allowed to flourish unchallenged.   I am tired of being called names in open session by these individuals and will no longer tolerate such childish, ignorant and counterproductive behavior.  I am sick of the untruthful information spread by Emery Ross, such as his statements that I was going to run for a Mariposa County Supervisor position which manufactured a political environment for Ross to solicit the “Porter Supporter” votes to counter his  fabricated interest on my part.  I’ve had it with the two-faced ignorant and uninformed comments by Skoien such as, I was a poor investigator when employed in law enforcement 20 years ago, yet when I leave the board room during a break, Skoien advocates that I would be a great investigator for Kalvin Giles “snipe hunt” investigation of boxes and boxes of phone records and his unfounded accusations that office staff was misusing telephones.   I can honestly say I have been in more organized and honest Boy Scout troops.      

“Mumbles the cowboy” needs to either speak up clearly at meetings (his mumbling interrupting comments are common place at meetings) and stand by a position or shut the hell up and allow others to perform the serious work he dismisses as unimportant.   The same applies to his sidekick, good friend, and neighbor Mark Skoien. 

Apparently, Emery’s quest for election to the SDRMA Board in Sacramento has failed (the Peter Principle….advancing to the next position of incompetency?) so he should have more than adequate time to focus on what he was elected to do here, but of course there is still his continuing interest in obtaining a County Supervisor’s seat which should be of great concern to EVERY SINGLE RESIDENT OF MARIPOSA COUNTY because the dysfunction that thrives at the LDPCSD will only be transplanted there!     

LAUNDRY LIST OF LUDRICOUS BEHAVIOR

This is so frustrating.   Remember how this board started in January?  Emery Ross, without any legal authority, confiscated and destroyed my personal notes in some sort of demonstration of his supreme authority?  Then we had the infamous boycott by Ross and Keefe of an educational class designed to make CSD directors and employees better prepared to serve this community.  Ross even challenged a Brown Act training course as being a Brown Act violation!  Recall how Ross, Keefe and their handful of followers walked out on meetings where I presented short educational videos of CSD operations?   Seriously, does that make any sense to you? 

Ross stated the videos were in violation of the Brown Act [WRONG!] and a violation of a Federal Bio-Terrorism Act [WRONG!], but what sort of confused thinking would cause two directors to walk out of a meeting in protest?   If I truly believed for a second that a director was going to violate the law you could not pry me out of my board seat because I would be watching them like a Hawk!  But Ross and Keefe ducked into the parking lot and again demonstrated their true commitment to this district.  What about the $30,000+ “rebated” to a handful of chronic “Porter Supporter” complainers immediately after we avoided bankruptcy with the Proposition 218 rate increase?  Does that make any sense? 

THOUGH FOR DIFFERENT REASONS, BOTH LEWS THINK THIS IS WRONG

Perhaps I too am one of Emery’s “multiple people” who cannot be appreciated as an individual with personal opinions regarding topics of local public concern?  The “Compassionate-empathetic Lew” encourages acceptance, tolerance and understanding of such “board performances”, yet the “Oath Sworn Public Official Lew” does not have that luxury, but rather, a clear fiduciary duty to honestly represent this district and its customers to the best of his ability. 

WHICH LEW DO I LISTEN TO?

OH NO!  This situation gave birth to the “Conflicted Lew” who, like Emery, was required to choose between different perspectives of the same person.  Who to follow?  The “Compassionate-empathetic Lew” who  would attempt to ignore such habitual obstructionism and attribute it to something other than stupidity and/or corruption; or the “Oath Sworn Public Official Lew” who will continue to honor his Oath and serve this district honestly despite being witness to 10 months of absolute foolishness and needless wastes of time, energy, and district resources?

Succinctly as possible, I will fight such an abandonment of an elected official’s responsibility with every legal method at my disposal.   

My best to you and yours, Lew

PS: This includes, but is not limited to, the “Compassionate-empathetic Lew”, the “Oath Sworn Public Official Lew”, and the Lew formerly known as “Conflicted Lew” because there is no conflict or room for compassionate understanding —  these two obstructionists need to hit the trail!

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