NOTE: The below cartoon is merely a saterical illustration regarding some dangerous narrow roads constructed in the Lake Don Pedro Subdivison 12 years after 1991 SRA (State Responsibility Area) Fire Safe Minimum Roadway Standards were established.   The cartoon in no way refers to any actual fire.

1991 SRA Fire Safe Minimum Roadway Standards Do What?

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

[PERSONAL OPINION/COMMENT IN ITALICIZED FONT WITHIN BRACKETS]

Well back to the salt mine…….

[Believe it or not we are approaching the end of this report on the infamous October 21^st, 2011 LDPCSD Board Meeting but there are a lot of points to still cover.

The SO GOSIP (Same Old Group Of Special Interest People) will likely have a difficult time topping their performances at that meeting, but who knows?   Perhaps someone will show up masquerading as an FBI agent, or Senator, maybe even the Governor of The State himself in the attempt to hi-jack another meeting?  I don’t think so after the last one where VP Kinsella had a Deputy Sheriff stand by to ensure the SO GOSIP didn’t turn a few minutes of their pleading and whining into a much lengthier barrage of personal attacks, accusations, and discussions about nonrelated CSD matters.

OH.  NOW WE ARE OFF TOPIC?

You will “recall” from the previous blog, Harry Alfier (owner of Lake Don Pedro Realty) felt “we were” getting off the subject when I attempted to explain my opinion that the substantial modifications made to a 1970s pathway or trail should have been compliant with 1991 SRA Fire Safe Minimum Roadway Standards.  I realize this is a sensitive subject for Harry because after all, he has received quite a special benefit in the form of an asphalt paved road that turns right at the entrance to his property.

OR DID HE?

Sure he jumps up and down and shouts that the road still exists.  Yup he can drive up to and access his lot much easier now without the dirt, mud, rocks, brush and grass to traverse, but other than driving out there across someone else’s property to visit his lot, what has he actually gained?  As I understand State fire code and County Building requirements that road is not a proper access for residential construction which begs the question:  Will that road ever be used to access multiple homes unless brought up to code?  Could it possibly be removed and the hill reseeded as suggested in the conclusion statement by a registered engineer who inspected the roadway?

<LEFT MOUSE CLICK TO ENLARGE – LEFT ARROW BACK>

Although it is not surprising Harry is at the heart of yet another controversy in Don Pedro it is still a bit disturbing just how obvious the personal benefit is this time.   The best interests of residents, out of area owners, the community, and the very organizations entrusted to represent those interests have always taken a backseat in the political vehicle driven by Harry and fueled with disinformation.]

Director Richardson:  Well that’s what I said earlier none of this is, has to do with the business of the district.

Harry Alfier:  You just sat there as a board member and told Coralane that her father was breaking all these rules and you forget

Director Richardson:  No she got up and attacked me and called me a liar

Harry Alfier:  (inaudible) heard it

Director Richardson:  and I am not a liar

Harry Alfier:  (inaudible) set the record straight, you are

Director Richardson:  I am not

Harry Alfier:  Well you’re playing fast and loose with the truth

Director Richardson:  No I am not

Harry Alfier: You’ve heard the court decision; you’ve seen the judge’s decision

Director Richardson:  Then why won’t the county

Multiple voices, inaudible

[There we go again with the emotional and erroneous accusation that I am a liar – which Harry quickly reduced to “playing fast and loose with the truth” when denied.   Yes I am familiar with the court decision.  SO what?  There are many, many examples of decisions and rulings made during a particular time that are eventually corrected when negative consequences result.  Understand too, especially in these precarious financial times for our entire country, law suits against governmental entities are not appreciated and usually disposed of in the most expedient and desirable manner to that entity.  Perhaps a judgment in favor of the plaintiffs would have subjected the government to even more difficulties?

Should the County of Mariposa have enforced grading and code requirements which would have triggered and allowed CDF/CALFIRE to prevent the construction of those substandard roads?  I most certainly think so – shouldn’t taxpayers have had the expectation laws and regulations designed to protect them would be followed by their elected and appointed officials?

Is it fair that ordinary citizens were placed in the horrible position of having to expend their “golden years” retirement funds in an attempt to force the government to do what probably should have been done in the first place?   I don’t think so, but hey, I’m just a tax paying citizen, not a judge with years of experience in such legal matters.

I KNOW – IF MY AUNT HAD BALLS SHE’D BE MY UNCLE—but let’s play “what if” anyway

What IF Deerwood had graded the road through a lot owned by a family struggling to survive without the funds to support extended litigation?

What IF no one ever heard about these roads and such construction continued?

What IF Deerwood Custom Homes were quickly built to obtain the enhanced view of the Sierras without conforming driveways?

What IF the homes were actually purchased and occupied by families?

What IF a home caught fire and spread to others but fire equipment could not reach the conflagration and people were severely injured or killed?

That older couple who has experienced years of suffering, frustration and reduction in their “golden years savings” may very well be UNKNOWN HEROES who prevented serious accidents from happening.

Even without homes being constructed there, I wonder if Harry would care to swear on the life of his daughter that no one will ever be injured or killed on his private little driveway?   Not as easy as believing a pathway was a road – huh?

HARRY WON IN COURT – WHAT DOES THAT MEAN?

Harry Alfier runs around shouting “I won in court – I won in court” evidently believing this success (actually more a result of the Deerwood Corporation’s professional legal expertise and experience in such matters) is some kind of a rubber stamp condoning the activities which produced a number of extremely dangerous roadways in this community.   He is purposefully confusing different issues.

THINK OF IT IN HARSHER TERMS

If a defendant in a criminal case, facing overwhelming conclusive evidence of guilt, was released due to some kind of procedural legal error, would it be reasonable to equate that release with moral innocence?

If that defendant proclaimed “I won in court”  – would a murder, rape, robbery (or whatever)  be dismissed as acceptable social conduct only because he was not actually convicted and sentenced to prison?   Could he then claim the results of his activity were morally or ethically proper?   I do not believe so.  Claiming “I won in court” is a pathetic defense for what has been done in jeopardizing the safety and lives of others.

HOW MUCH $$$ TO CORRECT SITUATION?

This reminds me of the old bumper sticker:  “My Lawyer Can Beat Up Your Lawyer”.  Unfortunately, I think most of us realize justice, sometimes like anything else, can essentially be purchased by the one with a deeper financial pocket than his adversary.  I seriously doubt the same result would have been achieved if Deerwood did the same thing to someone who had as much money and influence.   Though you may not be able to un-ring a bell, there are procedures to remove or correct those extremely dangerous roads and CDF/CALFIRE possesses that legal mechanism – but will that process be utilized during a time when most every organization is experiencing budget problems?

When I first learned of the new $150/year STATE FIRE FEE for homes in SRAs I wondered if any of that money would be used to correct situations like in Don Pedro or will we as a community simply wait for the inevitable accident that often prompts change?   Sure doesn’t seem fair that those of us who constructed and/or maintained our homes to be compliant with fire and building codes must pay another $150/year in fees while corporations like Deerwood who have constructed roadways that are clearly noncompliant with 12 year old Fire Safe regulations, pay nothing.

You know, it has been humorously suggested that these developer convenience roads may have been simply unintentional mistakes because Deerwood was just so accustomed to constructing cart paths at the golf course.

“EXPERIENCE YOU CAN TRUST”

This phrase is used to advertise Harry Alfier’s Lake Don Pedro Realty office located in in La Grange, Stanislaus County only a few miles west of the subdivision and LDPCSD water service.  OK, I understand the “experience” part since Lake Don Pedro Realty has been in existence and doing business since 1968, but it’s the “trust” part that is a bit disconcerting.

I have always wondered:  How in the world does Harry rationalize within his heart (recognizing his mind is already focused on making money through real estate deals), any form of advocacy or excuse for the construction of noncompliant and extremely dangerous roadways?  I guess one could be cynical and suggest because he is some sort of a modern day “carpet bagger” only exploiting the resources of the Don Pedro area since he is not a resident.

http://en.wikipedia.org/wiki/Carpetbagger

Gosh he’s had so many years of opportunity and is very familiar with the area.  He runs a real estate business focused on this area yet couldn’t find a suitable residence in Lake Don Pedro for decades?  Did he really want to live here?

LET’S TAKE A RIDE

Prior to going any further with Harry Alfier’s statements I think it is long overdue for you folks who have never seen the Deerwood-Alfier Roadway – have the opportunity to take a gander.   What sort of person trurly believes such roads are adequate to serve multiple homes in our rugged and designated high fire severity zone?

Don’t worry — seatbelts will not be required.

CLICK THE FOLLOWING LINK TO SEE THE DEERWOOD-ALFIER ROAD: http://youtu.be/AVGLVrU245c

My Best to You and Yours, Lew