TUOLUMNE PARK AND RECREATION DISTRICTSPECIAL MEETING OF THE BOARD OF DIRECTORS

WEDNESDAY, MARCH 22, 2017, SPECIAL MEETING 6:00 P.M.18603 PINE STREET, TUOLUMNE, CA 95379 209-928-1214

The Board of Directors of the Tuolumne Park and Recreation District met in special session on Wednesday, March 22, 2017. Directors Donnie Wright, Steve Artzer, Jake Feriani, and Michelle Hightower were present. Also present were employees Cindy Wano, James Wood. Board Member David Keller was absent

Open Special Meeting: Wright opened the meeting at 6:00pm

1. Pledge of Allegiance: Led by Hightower

2. Opportunity for members of the public to address the Board on any item under the subject matter jurisdiction of the District, that is not on the agenda:

Male: I’d like to ask a question. I’m John LaTorre. During the discussion that’s on the agenda – will the public be invited to speak then?

Wright: Yes, depending on how many people we have, we will be able to maybe put a time limit on it – let everybody speak at that point.

John LaTorre: Thank you.

Wright: Anybody else? Okay, so we go to Discussion Items.

3. DISCUSSION/ACTION ITEMS

3.1 CSD Letter: This is the CSD letter that was composed . . .

Hightower: Don’t we have to approve the Agenda?

Wright: Oh, yeah, that’s true. Can’t approve the Agenda if it’s not on there. (laughter)

Wano: I thought it was on there.

Wright: It’s not.

Wano: OMG.

Wright: It’s on the old one, not the new one. No, it’s not on either one.

NOTED: Not on Agenda:

Approval of the Minutes:

Wright: So do I have a motion to approve the Agenda?

Feriani: I’ve got a couple of things – Darren on the next page, it says Darren, not Jake.

Wright: Oh, yeah, with the address and stuff. We’ve got to get that changed.

(multiple voices inaudible)

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Feriani: Part of my Brown Act training was if the District had a website it could be posted and I didn’t see it on there.

Wano: Tony has a new spot where he puts it – down underneath all the things that say “Easter Rabbits” and all that stuff.

Feriani: So it’s all the Board meeting minutes?

Wano: The minutes are in there. The agendas are on the front page down underneath the advertising.

Wright: It’s down on the bottom there.

Feriani: That one and as well the Discussion and Action Items, I think we need to give a little more description when somebody from the public CSD letter or library they aren’t going to necessarily know what it means. The Brown Act says 20 words or less.

Wright: We could expand that.

Feriani: That’s it.

Wright: Okay. So with those changes – we’re not going to change 3.1 at this point – with the change of the address and the name being incorrect, do I have a Motion to approve the Minutes or the Agenda?

Feriani: I’ll make a Motion to approve as is with the amendment.

Wright: Second?

Artzer: I’ll second.

Wright: Steve. All in favor? Any opposed? Approved 4-0. Sorry, make a note there. Okay.

Wright: So 3.1 CSD Letter. This is something that we talked about forming as far as coming to trying to come with an understanding because there’s been a lot of confusion of where we’re at and what’s going on. Comprising a letter talking to some people, James mainly, of how we would stand as a Board on a CSD and our reasons for it at this point. So, I’ll go ahead and read the letter (**copy attached for reference ** ) and then I’ll open it up to the public again for 5 minutes for people to talk. That way it’s not taking an hour to get through this.

Wright: That’s the length of the letter to this point. So like I said, I’ll go ahead and open it up. Try to keep your conversations to about 5 minutes and then we’ll go from there.

Kenny Mitchell: Clarification Donnie. Now is this letter – is the Board in agreement with this?

Wright: That’s what we’re voting on tonight.

Kenny Mitchell: So this is being presented to the Board.

Wright: Yes. This is where – if the public wants to comment, this is the time and place.

Kenny Mitchell: Can I ask another question? Why is this a Special Meeting versus just the regular?

Wright: Well we were going to provide this last meeting under the CSD – what was in here - unfortunately I had to leave on an emergency so we decided it would be better to wait and then try to just do it in a Special Meeting after people had time to reorganize and make sure it was complete.

Kenny Mitchell: How was this letter written? Was there just one person or who did the research on that?

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Wright: James did a lot of the research with Tony and myself adding some direction.

John LaTorre: Are you all in agreement as far as what to do in regards to a CSD?

Male: That’s what this letter is about. I mean you’ve obviously had discussions about that?

Wright: The Board has been a part of this discussion and meetings for a few years now. And so we know we have a couple of the new Board members here, one that couldn’t be here. I have letters from him with his feelings being knowing what he wants. He’s not voting, but I could read those to you as well. But we could go around and share with you if everybody’s in agreement at this point. But we wanted public input before we voted.

Kenny Mitchell: I’d love to hear what all the Board members have to say about the letter. Will the public be able to speak again after the Board members have spoken?

Wright: Well, at the point it’s going to be – basically the reason why we’re going to do this ahead of time is so you guys have an opportunity to say something so that way no one’s going to change their vote. In other words, we don’t want to vote, have someone change their mind after the vote, and then we have a problem with something the public has to say. I mean we can’t go back and change that vote.

Kenny Mitchell: That makes sense. What I’m asking is if it’s possible to have a discussion among the Board that the public can listen to.

Wright: Oh, we’ll be able to talk and we’ll let you know. We’re going to go around.

John LaTorre: And then have the public offer input after that discussion?

Wright: I don’t see why not.

Kenny Mitchell: Before a vote is taken in other words.

Wright: I don’t see why not. Does anybody have anything else at this point?

Kenny Mitchell: I wanna to say the same thing I said (inaudible) the Sewer Department (inaudible). My concern would be this (inaudible) the Sewer Department (inaudible). Regardless, the point would be the same. You guys make sure you’re in the public interest.

Wright: Yes.

Kenny Mitchell: So in reality you are working on behalf of the public.

Wright: Correct.

Kenny Mitchell: And it’s not what you personally would believe. Part of that would be what you desire – I guess that comes with part of the territory – (inaudible) your constituents. So, my concern is this, the same thing that I shared at the Sewer Department, I would ask every Board - Fire Department, Sanitary District, not really the (Lighting?) District, Park and Rec, Sewer Board – I think that it is your obligation to research and determine whether or not a CSD is best for the community. It may be, it may not be. I don’t know the answer to that question. But what I am hearing, you know, the scuttlebutt from the community, is that some people like it, some people don’t, I’m going to vote no, we’re going to do this . . . . My answer would be that the obligation is to - if this is for the betterment of the community then by golly we should seriously consider that. I know a lot of things in regard to whatever the final outcome would be, is that wherever we wind up it should be for the community as the most benefit. I would just like to know that we’ve done that. I’ve talked to a few individual Board members on other Boards and they have – some of them were for, some were against - and I’ve listened to the reasons why.

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I get that and I just challenge them to say hey guys, your obligation as an elected official is to do what’s in our best interest.

Wright: Correct.

Kenny Mitchell: That forgoes potentially my personal opinion. I may not like the idea personally, but if it’s best, then sometimes what’s best goes against my own brain. So that’s what I would ask you to consider.

Wright: I appreciate that Kenny and to respond to that a little bit is that every Board member here was elected except for – you were elected last time (inaudible). So everyone’s been elected and no one’s been appointed. So, it does come with community support that everybody’s here and not by appointed. The other thing is is some have not had the opportunity to go through this. This has been on the agenda for years and we’ve had multiple meetings with the county – (Craig Pedro?) and the rest of them involved and trying to communicate why would it be better for us to be a CSD and is it possible for us to have a CSD that’s not going to impact the community in a harsh way. And for this Board it would definitely hurt our budget, lose employees, and for the community interest for our Park and Rec Department, by losing money and losing where we’re headed with it without any other input of any other budget, it’s going to hurt this Board. I would the think the community would want us not to do something that’s going to take away from the community. But that’s my personal opinion. So that’s why we’re writing the letter.

John Feriani: I can respond to that. We heard the letter being read, those are unknowns. You can’t say that we’re going to lose employees – we/I don’t know that. You might – you might lose 2, you might lose 1. I don’t know the answer to the question, but you don’t know the answer yet.

Wright: Looking at the budgets, the way they stand now, that there is one Board that has a deficit, which is the Sewer District.

John Feriani: What’s a deficit?

Wright: You owe something – by the ones you provided, there is a bill that you owe it, a debt that you owe. No other Board has that debt. By joining, the amount that we have can be used to cover that debt.

Male: Boy.

Wright: I don’t have the papers in front of me but I can get them. They are the ones that you provided.

Male: (inaudible) My fresh thought on that would be that as far as the debt that they have, how is that tendered against the potential income – or not the potential income but the revenues that would be generated for however many years. I’m assuming that when that loan was made, just like anybody else, it would be against the future income and revenue generated by the Sewer Department.

Wright: Right, but by our budgets being combined to one Board, it’s one budget.

Male: Correct, but that doesn’t change the revenue stream that they’re going to be getting from tax revenue because they combine into one budget.

Wright: But what is the deficit that we have at this point? That’s what we were looking at. It’s a $247,000 deficit.

John Feriani: Just to clarify a few things, the Sanitary District debt is a USDA loan, a 40-year loan, it’s at 2%. I think the payments run about $190,000 a year. When we first started the Sanitary District we with $750,000 in debt because of mismanagement by this Board and we got a $5M loan to complete the repairs and additions to the Sanitary District. They did a rate study – TUD wanted to come in and take us over with $85 to $94 a month service charge if they would have taken us over. We did an analysis and

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we could do it at $53 and some change or whatever it is. Since that time, in the last 6 years, the District has made all its payments on the loan, completed the plan. We have over $3.5M in reserve in the last 6 years. We’ve acquired a $500,000 planning grant, and we’re in line for a $6M grant to replace the majority of the sewer lines in town. So to look at those numbers and see – and we now have the Tribe who is going to expand - we’re now going to pick up sewer from the Rancheria because their septics are failing. That’s going to increase our income. (inaudible) We are very, very financially stable and frankly I don’t know how you’re saying that we would be incurring more debt. The debt is something that’s been planned for at that rate. The USDA had the study . . . .

Wright: I understand that. All I’m saying is this, we’re looking at our budget. I’m not looking at Sewer’s budget, I’m not looking at Fire’s budget, because my responsibility is here. But when I see that there is a Board that has a deficit . . . .

John Feriani: A loan.

Wright: A debt that needs to be paid and it’s more than what we bring in in our budget, what is going to happen with the budget in the future? And we’ve seen this in history with Twain Harte, we’ve seen this history in Groveland. The first thing that gets cut is the Park and Rec Department.

John Feriani: Well, I just want to correct a few things. One thing is we have a $60,000 tax – like you said an unrestricted fund that comes in our taxes – and like I said, in the last 5 years we’ve increased our reserves up to $3.5M. The $60,000 - you’re making statements here that aren’t true . . . .

Wright: How. What’s not true?

John Feriani: You’re making statements that has not been decided. You guys have not let the process go through.

Wright: What have I not said? No, I’m not going to let you get away with saying, you didn’t, because I’m not in your meeting.

John Feriani: You have not been at our meetings

Wright: I won’t be at your meeting.

John Feriani: The fact that you’re saying 4 employees are going to lose their jobs is incorrect.

Wright: Possible.

John Feriani: The one I really like is systematically remove the Board members?

Wright: That was put into place because of the way that - you were told that you would put members in of each Board – start with possible 9 and then go down to 5. That’s why systematically is in there.

John Feriani: The 5 Board members could be your Board. I mean if the public wants your Board to be there, you guys could be the Board.

Wright: Right, but we’re saying systematically being removed means you start with 9 and 4 of them will be systematically removed.

John Feriani: We could actually start 5 then it could be an election right off the bat. And if everybody thought you guys were the best members of the public to do it, it could actually be your Board. So for you to state here that the Park and Rec current Board would be systematically removed and eventually replaced, that’s incorrect. This Board could actually be the Board.

Wright: But it could be systematically removed. It’s not incorrect.

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John Feriani: Well, it could be a lot of things but . . . .

John Feriani: At that last meeting, it could start with 11 members.

John Feriani: If it was done by Resolution and all the Boards agreed. If not it could be voted in.

John Feriani: But those 11 members can vote someone off the Board. That was from LAFCO. So if you have a majority of your Board, say 7 of them, they don’t want Park and Rec. They don’t want these activities that we do. They can vote it out.

(multiple voices inaudible)

Artzer: It’s our fear. We want to protect what’s ours.

Male: Do you think the public will allow that to happen?

Male: Can I make a comment? First of all I understand your fears, okay? Because you’ve done a fabulous job for years and years and years and no one is wanting that to diminish in any way. If anything to promote it to be even better than it is. I read the minutes from the last meeting Steve and I commend your comments. We have a special community here and the desire is to keep it special and not let either misunderstandings or lack of letting the exploration of a possibility be fully explored hinder it from seeing if it can be better than what it is by exploring the possibility of a Community Service District. Or not. My concern is – and I didn’t know you guys had been in this discussion for 2 years.

Wright: Longer.

Male: And the possibility to do that. But now that I’ve seen what possibilities could come to benefit the Town of Tuolumne. . . .

Artzer: What are the benefits? I’ve asked that question for – how long have we been at this John? You give the answer.

John Feriani: Where do you want to start?

Artzer: Thirty years you’ve been dealing with this?

John Feriani: Yeah. Where do you want to start?

Artzer: How does it benefit us?

TY Atkins: Let me finish my comment. So to me fear is the expectation that something bad is going to happen. That if we make this move it’s going to be worse. That’s what I’m hearing. Our fear is that it’s going to be worse because there’s going to be these unknown people all of a sudden coming in who don’t have a feeling for our community and all of a sudden they’re going to make decisions that are going to harm what you guys have done well for so many years. I don’t believe it. I think our hope and faith is that it’s going to be better just the quality of people that are in this room and being vigilant to make sure that the Board is governed in a way that’s in the best interest of all the Districts – Tuolumne Park, the Cemetery District, and the Sewer District and all the rest of them. I’m just a little disappointed that I sense there’s a rush into it before we even get a chance to explore it.

Wright: Can I respond to that real quick? And that is, I’ll give you one example, and this is one of many. And it’s nothing – I think I’ve been asking John now for a while to (force?) a plan, something to put in place. And this time he’s coming through with a plan the last few meetings we’ve had. But I’m also hearing from other Boards, including Board member of Tuolumne Fire District that says, yeah, I want a CSD because I wanna take whatever’s left in the budget and I can start putting more fire engines out here. Where is that coming from? Where are the funds? He said, I would clean your budget out so

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we could protect (further up high?). I’m just saying that it’s a Board member. See what I’m saying? That is a Board member who is plying to try to get more revenue and stuff to his Board. The fear is we don’t have that much and we do with what we have and try to keep it in a positive. That’s where the fear is coming from – things like that.

Male: But explore it first. Then make your decision.

Male: That Board member that you spoke to may not have understood that when the Community Services District is formed the Board takes a look at the current income and budgets of each District and make sure that it remains the same going forward. And that Board makes sure that, for example, the Fire District can’t take money that belongs to Park and Rec.

Wright: That’s not the case though. They can. Unrestricted funds from any Board can be used in a General Fund of that Board.

Male: But the public wants Park and Rec to continue doing what it’s doing.

Wright: Correct.

Male: The public won’t allow Park and Rec activities to be diminished to the benefit of some other District.

Wright: At that point the community would have to fight the Board. If the Board’s interest says for safety or for this, we need to take the money for that. You’re not going to fight just to keep a ball park open. I think that’s the concern.

Jan Wood: Isn’t it also true, Donnie, that with unrestricted funds properties were purchased, like (Reed) Park right across the street from your house. That could be sold.

Wright: Yes, those are unrestricted funds.

Jan Wood: To put something else there. That could be sold. Wait a minute, now I’m talking. There’s a fear of the unknown. Exactly, you’re right – there’s a fear. But when the Board is running this and everything is beautiful. The park is great! Everybody loves the music in the park. Everybody loves everything. Sure, it’s great to join something. Yeah, it could better us. Really, there is a fear. Because what could be better. And gee, if you do join and they all of a sudden they sell (Reed) Park or if they decide to take the Tiny Tot Lot or the little Depot Trail – that nice little trail over there - it’s a wet land - and put sewer stuff over there or whatever. Can you back out? Can you say, gee, we don’t want this anymore? No, I think we’re kind of in it now. That’s how I feel about it.

Male: It depends on who “they” is I guess.

Male: Would you get the answer that Steve asked a question of? I didn’t hear that answer.

Male: You asked about what is the benefit?

Male: To finish that question you were asking John.

Wright: I was just saying that John and I have been dealing with this for a long time and I’ve always asked this question: How will it benefit the Park and Rec? Tell me that. Will we be able to do more things in the park? Will we be able to do more Little League activities? Will our budget be sound? And you know what? We never got the answer. And I’ve gone to these meetings for a long time. My fear is we’re going to be absorbed. Everything that we’ve done is going to be gone.

Male: Steve is right here.

Wright: I mean, I’ve asked him these many, many times. I asked him at the meeting at the sewer plant.7 | P a g e

Male: Are you asking him right now?

Wright: Well, I don’t think it’s at that point now.

Male: I don’t know the answer. That’s why we want someone to . . . .

Wright: How will we benefit, John?

John Feriani: I think it’s multiple benefits. I agree with everyone here that what Park and Rec has been doing is fantastic and if anything we will have much more money to do . . . . We have a $60,000 unrestricted tax fund that we get at the Sanitary District. That could easily be diverted to additional Park and Rec events and funds. As a Community Service District you can apply for grants much more easily. My biggest concern and the whole thing I started out with is that we talked about a General Manager. The main thing that’s really lacking in all our Boards - we finally have hired one –for years, for the past so many years that has caused a lot of issues which we’re not bringing up. But a lot of issues happen because we didn’t have a professional General Manager in place to protect the community. And our community has suffered greatly by what’s happened in the past. And I won’t go into detail but it has. Things are still happening that aren’t really the way they should be. They are putting the community at risk in the fact that we have – I know Park and Rec has just hired a new General Manager – they promoted somebody from within – but a General Manager position is a very complicated position and I think that like the guy we hired has just came in – we were already in the process of trying to get the grant for the repair in town and the new lines and the $5M loan when we were broke. We did all that but with the General Manager it would have been much easier. A Board is supposed to set Policies and Procedures, not tell employees what to do. So the General Manager in place, a professional General Manager who does it for a living and who has experience, it will reduce risk and loss that the community could face. That’s one benefit. One point of contact, one meeting where you could come and take care of all your business. As Tom Trott said in the meeting that he had that none of you attended, his Twain Harte Community Service has a sense of community and he brought up a lot of good points about having subcommittees and that was a real interesting thing to me. We could have a subcommittee for Recreation and the people who are interested in Recreation would take care of that. It’s a money saver. We have a lot of staff repeating the same thing and nobody’s doing it really well.

Wright: So you agree that there could be a reduction.

John Feriani: There could be, over time. But it’s usually as people retire. We’re not saying – the numbers aren’t completed yet. We were trying to do it at our last meeting to put out for Request for Proposals for a company to come in and do the analysis on it. And one of my Board members knew that we didn’t have enough Board members so he got up and left. So he didn’t vote. So that kind of crap happens in Board meetings in small town stuff. I don’t know. I think he’s actually in favor of his District so he just got up and left so we couldn’t vote to do it. So that puts it off another month. So there are a tremendous amount of benefits. There’s other services we can provide. And I’ll tell you the last thing ever is to reduce anything to do with Park and Rec and the history that’s been built here. I don’t know where that’s come up. The only thing I can see . . . .

Wright: Do the math. You’ve already said a General Manager.

John Feriani: You do the math.

Wright: I’m speaking now John. On the paper that your General Manager gave us, that last one said that our 15% would go to a General Manager. Where’s that 15% going to come from? It comes from activities that we do.

John Feriani: No, I disagree.8 | P a g e

Wright: It doesn’t.

John Feriani: I disagree 100%.

Wright: Then you should sit on this Board.

John Feriani: The fact is . . . .

Wright: It’s going to come from our activities, period.

John Feriani: No, I disagree. That’s fear-mongering – is all you guys are doing.

Wright: The question is, where would it come from then?

John Feriani: Like I said, we have $60,000 . . . .

Wright: No, from our budget. That was coming out of our budget.

John Feriani: Correct.

Wright: Not yours but ours.

John Feriani: But there’s unrestricted money that if you guys – you guys really could be the Board. You guys don’t get that.

Wright: John, answer the question.

John Feriani: Well let me explain . . . .

Wright: No, just answer the question.

Male: He’s trying to, Donnie. And you aren’t letting him.

Wright: No, he’s going on about how we could become the Board.

Male: Please let him speak.

John Feriani: We have $60,000 unrestricted in ours. That money could easily be done for the 15% that it costs you guys, the $60,000 we have could easily be diverted over to make up for any costs that would be lost. Now the other thing is, our General Manager right now – we don’t need – there was some real ridiculous numbers put in the Tuolumne Township Newsletter or whatever they call it, of $125 to $175. Once the District is already going I’m thinking that we probably are only going to need a part-time General Manager.

Jan Wood: Excuse me. Tom Trott said that – I was at that first meeting . . . .

John Feriani: I agree with you but he doesn’t know everything either.

Jan Wood: Okay well, he’s the General Manager . . . .

Wright: Okay. Let him finish.

Jan Wood: There’s no way you’re going to get someone to do this job part-time.

Wright: Let him finish.

John Feriani: We happen to have one right now and that happens to be the one who took over TUD after Tom (Shayza?). His budget was $60,000 a year. Last year we were able to, through grant money, reimburse him for his wages when we got the grant study money to do the new lines in town. They’re actually going to pay for about $20,000 of his wages last year. And they’re paying for all the

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engineering. So there’s a lot – there’s so many opportunities that are out there. You just don’t seem willing to look at them. It’s a community. We’re all going to still be here. The biggest thing is for everybody in the community to still participate and come and be on these committees and subcommittees. And if the community wants more Park and Rec we will have money to do more Park and Rec and it’s going to run more efficiently.

Wright: You’ve been saying we – who said you’re going to be on it?

John Feriani: I may not. That’s why I’m saying . . . .

Wright: You don’t know any of this.

Male: We the People . . . .

Female: We the People . . . .

Wright: We means, right now, the Sewer District. Because the Sewer District is funding this thing. $20,000 to (fight?) this.

Male: We the People are curious to explore what’s best for our community.

Wright: So to answer your question you’re saying it’s not coming out of our budget. You’re going to take the 15% out of your budget.

John Feriani: It could come out of the unrestricted tax fund . . . .

Wright: Correct. That’s what I’m saying. In all the paperwork you’ve sent us and all the studies, why would it say that it’s going to cost us 15% of our budget if that was the plan?

John Feriani: What do you pay your General Manager now?

Wright: We’re paying him hourly.

John Feriani: Where does that money come from? What do you pay your employees now?

Wright: A lot of it’s coming out of the county fund – the county contract.

John Feriani: That still can pay for the General Manager. And I really do believe once this is all lined out and smoothed out we’ll have a 2-3 day a week General Manager, not a $175,000 like was reported in that paper, which is ridiculous. That’s more than the Pedro makes (inaudible) at TUD makes.

Jake Feriani: And Merced Irrigation?

John Feriani: It’s getting these scare tactics that are really frustrating to me and putting out false information until we even have gone through the process. You guys are putting out a letter and you haven’t even gone through the completed process to analyze and the questions you’re asking.

Wright: We haven’t gotten the information from what you’re providing except for what the numbers were provided to us by saying how you would come up with those numbers. And just like this 15%. First you were saying it would come out of your budget. Now you’re saying it’s coming out of ours again.

Male: It’s up to the Board.

Wright: I understand that. This is what we were trying to do to protect this part of our community is make sure we don’t lose funds. That we’re able to either add funds or maintain. Until we can see that in black and white I don’t think you’re going to convince anybody to understand that we’re going into – yes, we’re going to go into something that is an unknown.

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Male: OMG.

Kenny Mitchell: I agree with you 100%, Donnie. As a community member and a citizen I’m asking each Board to do their due diligence – and I know you guys - I’ve been here the last 25 years and I’ve heard the same conversation about CSD for a long time. And it’s never gotten to this point where it’s been community interaction and the Board is talking about it. All that I see happening – again I’m going to say that I think you have a responsibility. I would love to see you take 2 of your members and 2 members from the Fire Department and 2 members from the Sewer Department and all the things that we’re hashing out right now – what John’s talking about, what you’re talking about, what TUD is talking about – that gets accomplished in that committee. You may come to the same conclusion. I would see that at the end of that committee that it may be 6 months or it may be a year. At the end of that time you’re 2 Board members may come back to your Board and say, you know what? We’ve gone through the process and the letter we wrote on this date we think is still applicable and we want to submit that letter because we don’t support this. That may happen, but that’s the point of doing it. That’s why I said to begin with, the obligation is to do the research. The Boards all get together, take your members and do your due diligence. You may very well come to the same conclusion.

Artzer: Kenny at the last meeting I went to at the Sewer District, one of the members on that committee – it’s a part of the Sewer District Board member – said that we’re going to do this with or without you. Simple as that.

Male: You know as well as I do that that would be inappropriate.

Artzer: You talk about fear tactics? They’re using the Districts money down there to do this. We wouldn’t be here today if it wasn’t for the $20,000 being spent out of taxpayers money. Or what they call it – a Service Fee, Hookup Fee, whatever they call it. We wouldn’t be here today.

Kenny Mitchell: Well my point would be this. . . .

Kenny Mitchell: (inaudible) But if they want to do that they do have discretionary money, as I’m guessing you might have discretionary money. I can come to the meeting and voice my displeasure and say I wish you wouldn’t spend the money that way. I wish you’d spend it over here on the ball field and put new grass in instead of doing whatever, that’s my choice as a citizen. All I’m saying is participate. You may come to the same conclusion. Pick your 2 members and do that. But as a community member and as my representative that you are – I’ve elected you. I don’t have one in a specific district in the town. I’m just saying participate. Be part of the research. But I do want to say one thing. There is one thing you will definitely save money on and that would be insurance.

Jan Wood: No, she just said who are you. (laughter and multiple voices – inaudible)

Kenny Mitchell: The law of large numbers, see when you combine the 5 Districts - because I’ve personally done it with policies and people for many, many years. You may be spending a combined $150,000 in insurance right now. I’m just picking a number. And at the end of the day you may only spend $75,000. That’s a reality. You can’t refute that. I know that for a fact. And that would be a $75,000 gain, whatever that number is – maybe it’s $25,000, maybe it’s $10,000. But at the end of the day, that’s something in the committee you should find out.

John Feriani: Can I just answer Steve’s – real quick? Steve was right. I said we’re going to do this with or without you because we asked for participation from all the Boards and we got none. That’s what I meant. If you guys don’t want to participate then I’m going to move forward with it because I feel it’s that important . . . .

Artzer: You also said at that meeting, John, that – I think the question was, is anybody opposed to this? Meaning the Boards, other Board members, and we opposed to it. And you said . . . .

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John Feriani: Well I don’t think all of your Board is opposed to it.

Artzer: No, no. The question was asked at that meeting, has anyone opposed – being like the Fire or us. And your answer was, you’ve not seen anything in writing.

John Feriani: Right. And that’s – the first thing we did 2 years ago . . . .

Artzer: We went to LAFCO and we asked them. This letter that we want to present, this is in writing now that we’re opposed to it. We can take this a present it to our Boards, to our Supervisors, to Fire and the Special District, that our District is now opposed to doing this. So now it’s in writing. This is LAFCO’s direction and they’re telling us to do this. So what happens then is we can still go to these meetings that you’re going to have as a committee and we sit in the audience and we listen and we report back.

TY Atkins: Oh, no.

Artzer: Excuse me?

TY Atkins: Nothing. I’m sorry. It came out of my mouth.

Artzer: So you’re saying I’m a liar?

TY Atkins: No, I was in disagreement and I’ll talk when it’s my time. I’m sorry.

Artzer: Talk.

TY Atkins: I’ve attending every Board meeting. I’m retired. I can go Tuesday afternoon, Monday night, Thursday night, Friday night – whenever the Board is meeting is I can show up and I have. And I’ve been to every CSD meeting and I heard Steve ask the question about what are the benefits. And I heard John give some explicit examples. We would have a more – and I heard Tom Trott speak and he said that the difference that it’s made in Twain Harte is that there is a much stronger sense of community in which the people that live in Twain Harte feel more a part of. We would have less redundancy in the different the Boards with a consequential reduction in expenses and costs possible. None of this is known. But when I hear these positive things, and I’ve only heard from Steve and from Donnie tonight. I don’t have any idea what Jake and Michelle, how they feel. But all I’ve heard is negativity. All I’ve heard is the focus has been entirely about well we’re going to lose our money. We’re going to lose our money. What about the good of the community? What about the good things that have been said about it. I haven’t heard any response to that. Is there no good that can come of it? All I hear is this negative – we don’t want to do it, we don’t want to do it.

Artzer: We asked if we could do it with the Cemetery. John said the reason is because it would have to be all 5 or none.

John Ferinai: I said that it doesn’t make any sense to go through the process.

Multiple voices.

Artzer: That was a positive thing. We would like to do that. We would like to start little with the Cemetery and work into Fire and work into the Sewer District and see if that works. That was proposed back when Larry (Houseberg?) was still doing it. And I brought that up the last time.

John Feriani: I think it’s ridiculous. It needs to be . . . .

John Feriani: I don’t understand the resistance. I don’t understand why there’s so much resistance to even exploring it.

Wright: Let me give you an example with Twain Harte. My own concern is this.12 | P a g e

Male: I’m talking. We need to come out in the process and say no, it’s done. The process has just begun.

Wright: Here’s the problem. I’ll give you Twain Harte as a great example. They have no Little League affiliation. None. They were in debt and had no equipment and nobody involved in it. Why? Because they had no field use, no prep, no one took care of it because the sports Park and Rec was gone. That money was gone. They couldn’t prep the field beforehand. So, when I was the President of West Side Little League we had to talk to them about combining leagues just so they had a league still. So we combined with that league. We had over 400 kids involved. The ones prepping those fields and lining those fields are the coaches. They don’t do it. You know who mows that grass? The golf course because the Park and Rec doesn’t have the money to do it because they took the money out. Their budget for Park and Rec at that Twain Harte District is less than $5,000 a year.

Male: Can that Board like to have taxes put in place to fund (services?).

Wright: Sure.

Male: So then why don’t they do that if . . . .

Wright: Because they feel like they’re paying enough.

Male: So they’re not concerned if they have a park or not.

Wright: So that’s just the concern.

Kenny Mitchell: May I – I appreciate you and Steve and Jake and Michelle wanting to fund the Park and Rec. All I’m asking is be a part of – and Steve I don’t want you to sit in the audience. I’d like you to be part of the committee. And you may come to the same conclusion, Steve. You may come at the end of the day and say, you know what? We still feel this way and we feel this way because we want to protect our turf. I’m okay with that. And as a community member I would hope and expect you to do that. I just want you to be part of the process. I know the (rumors) have been going on, but now it’s coming to a head, take 2 people and participate. Be on the committee, on the Board, convince the other Districts to do the same thing, and all of you guys get together, and as professionals, which I believe you are, do the process. And you may come back in 6 months and say, guys listen, we’ve gone through all this here. Here’s all the potential good and here’s the potential bad and we believe the potential bad overrules the potential for good and this is our decision. That’s respectable. But until I see that process happen, I can’t say as a community member that you’re doing what’s in my best interest or the community’s best interest until that happens. I understand, I really do, I get it. I don’t want the league - that was near and dear to my heart for many years. I don’t want that to go away in one dollar. I don’t want the grass not to be mowed. I don’t want to be mowing the grass myself. All I want is to have a due process. So I’m asking you to please get due process.

Jan Wood: I have something to say.

Dave Coffing: I’m still a little bit confused. The CSD is under way, am I right? I shouldn’t be asking other members.

John Feriani: Well, let me explain. We’re in the exploratory process. We could not get participation from any of the other Boards. Fire had a couple of people and now they’re gone. We are right now trying to get either Requests for Proposals to have an outside firm put together the numbers and make a proposal and/or if it’s too expensive we would probably do it with our General Manager that we have now who had tons of experience because it’s very important to not spend too much money on it. That would answer a lot of questions that come up. But we just have to reemphasize is the last thing - I’m doing this with the belief that it’s going to be better for the community and we are not going to lose one

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service, we are going to increase the amount of services we have. We’re going to have more opportunity for grants and we’re going to reduce the liability to the community. We are hopefully going to avoid things bad that have happened in the past. Hopefully - we won’t avoid everything cause things happen, but hopefully avoid things bad that have happened in the past.

Dave Coffing: Let me have a follow-up here. What percentage are you right now at towards completion? 50%? 60%? 20%? 80%?

John Feriani: Basically all we’ve done is gather information from the existing Boards, their budgets, and information which is public knowledge – we have to provide it if you ask in writing – and our General Manager who is very experienced has done a preliminary flow chart based on what Tony, who is our Committee Chairman asked – his first thing was, we don’t want to lose any employees so he did a flow chart showing how the employees would be structured and he’s done some preliminary work on cost and figures. So our next step is to review that and if we can either – if we can hire a firm cheap enough to take it down the road we would do that and/or we would just do it in-house. And then we could present that to the public for their . . . .

Dave Coffing: Why I ask this question is that several people have said take the time, get together, talk, see if it’s good for the community. You still haven’t given me a number on how close to completion are you?

John Feriani: Well it really depends on whether we hire a firm. If we hire a firm . . . .

Dave Coffing: Hire a firm. Then how close?

John Feriani: That could cost a lot of money and that would take a little longer because they’re going to spend more time. Or we could have our General Manager who I feel is as qualified as anybody. He wanted to stay out of it because he thought people would think they weren’t going to be impartial. But it’s just numbers, I mean he’s basically just putting out a structure in numbers.

Dave Coffing: The reason I keep asking you this is that I have heard around, and listening to other people that don’t know is that you’re really close to submitting it at LAFCO.

John Feriani: I’d say we’re at least 6 months away. We’ve got a lot more public input, larger public input before they would get it.

Dave Coffing: So you’re getting pretty close.

John Feriani: Six months would be ideal.

Dave Coffing: That’s to LAFCO.

John Feriani: Yes, that to LAFCO.

Dave Coffing: Then how long after LAFCO?

John Feriani: I’m not sure how long that takes. In fact I don’t even know the whole process yet. I know that Twain Harte did it – there’s 2 ways you can do it. By resolution (inaudible), which Twain Harte did. And I think Donnie might have left out the thing that their Fire District was kind of going broke and that their community wanted to keep their insurance rates reasonable. So they spent the money on their Fire District and that was that community’s decision. They do have other people who take care of the recreation in the area. There’s a business association – we have no businesses to do that. But anyway, so, 6 months would be ideal.

Dave Coffing: I think I could explain something to some people, maybe me. Because I was at this last meeting here. You weren’t here but the Fire Chief was here and he puts it out saying that we need the

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CSD because if we need repairs to fire engines, if we need – whatever it is – new fire suits he was talking about and he said we might need $500,000 for a fire truck.

John Feriani: And there’s grant money that’s available and if you had a General Manager who was versed in hiring people and researching that – and like I said, we just got based on our rate we charge and the income to the community we were able to hire – to get these grants very easily. And mainly because of the General Manager we hired – they had a really good relationship. They actually took our plans and walked right into Sacramento, sit it on the desk and the gal said, you’re in. Just get us some paperwork.

Male: And what was that for?

John Feriani: Where we got a $500,000 planning grant for the sewer in the downtown core and we’re in the process of hopefully getting a $6M to actually build those facilities and replace the sewer lines in downtown.

Male: I wish he would have said that - grants.

Male: You just said we might need that money.

John Feriani: Again with the Fire Department, that is all run by the county. And 2, I don’t know if you guys realize it but the county – the Fire Department is a volunteer Fire Department. It only has in taxes about $42,000 I think is what it is. The rest is from the Tribe who pays $460,000 or $480,000 to our Fire District to keep it active. They have just built themselves a whole brand new Fire Department. They may go in and renegotiate that and we may not have a Fire Department.

Male: They could pull that money?

John Feriani: Possibly, because they provide the same service and they’re paying for it – actually they have it at a much higher level. They have 3 staff members, we have one. We have 2 employees at the Fire Department - 3 on, 3 off. The Tribe has 3 full-time employees but they have like 10 or 20 employees and a Chief, and they have a – the county has accepted their - for being first responders. And so I don’t know, they could possibly – as a Community Service District if that is something we want to keep in our District, that could be important or maybe we could just say we have an employee like the Fire Chief here that does fire inspections, makes sure that the community is safe and maybe they are the first responders. Because what’s the difference if you have interns - they could be respond to one or 2 interns and one fire employee, where the Tribe has 3 fire employees. So it may be better for us to – and this is stuff that’s going to evolve over time and the community would decide through the Board that’s elected if that’s something. And the Tribe could pull their money. It’s all up in the air.

Artzer: And I can say this talking to Craig Pedro when they were talking about that they cannot pull the money because that was in the contract for opening the casino.

John Feriani: Correct.

Artzer: So they could not pull the funds even though they were having a Fire Department. And that’s through Craig Pedro. That was a concern I had.

TY Atkins: Yeah again, Steve, I want to apologize for what came out of my mouth. But what I need clarified is when you said you would sit in the audience and listen to the committee meetings. My understanding with the Exploratory Committee would be reps from each of the Districts with some community reps – and that wouldn’t be open, public meetings. Let’s get to the bottom of this. Let’s get the facts and find out . . . .

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Male: We do have to open it to the public. I feel it’s very important to be open to the public. Even if you could do it closed session is for certain things. I’d rather have everything done in view of the public. I think it’s really important.

Male: I guess my sense is that as our representatives and public representatives that you take ownership for your input into that committee by being on that committee and then let the conversation . . . .

Artzer: When John first started talking a few minutes ago and he said that they asked members of all these Boards to be on that committee and no one chose to be on it. As your elected officials, and you being the constituents, doesn’t that tell you something right then? That all these 20 people that you put into office have (thought/fought) dearly about this and all of them have said, we don’t want a part of this. It’s not just me. No one wanted to be a part of that committee. It was for a reason.

Jake Feriani: I don’t agree with that. In December’s meeting and I asked for clarification on this for somebody to go back and listen to what we proposed and what we voted on and what I understood it as that we elected and got 2 representatives to go and represent the Tuolumne Parks and Rec at that meeting.

Male: And Fire has from the beginning.

Male: Fire had 2. Cemetery I believe did not.

Male: We had 2 as of late December. One sits on the Board in January and one sat in February and March. Let me see if I got this right.

Hightower: Being a person that was there I was not able to attend due to an emergency. . . .

Male: That’s fine but I’m just saying that you still didn’t sit on the Board last time.

Hightower: I didn’t feel comfortable being/sitting on the Board not having any information provided to me especially since at the information provided during our pre-meeting during our briefing from Mr. Feriani that we hadn’t had information mailed to every resident in Tuolumne regarding this. And as a resident of Tuolumne I never received that information. I called the Sanitation Department and asked for another mailer, never got one. And I appreciate that. I’m not saying they never sent it – I don’t know if someone stole it – I just never got that information.

Male: We as a Board elected, we agreed and said 2 people from this Board, and you guys volunteered to be on that Board and participate.

Hightower: To gather information.

Male: Not just to sit in the public and gather information. So I think we are not doing what we said.

Jake Feriani: No, it was not in the minutes and I asked in February’s meeting that we go back and listen to the recording and see what happens (inaudible) and that was not done.

Female: So you were not able to do it.

Jake Feriani: I asked our staff to do it. That’s what I thought. But I guess I didn’t . . . .

Male: Thank you. Mr. (?) asked the question of us and I’d like to give my answer. The question was, when there was in invitation from the Sewer Board to come and attend the exploratory meetings to talk about the CSD and gather information. The various members of the Boards decided not to attend and your question was, doesn’t that tell you something. And what it tells me is that the various members of those Boards who decided not to attend were apparently willing to make a decision without first gathering information. And as a member of the public tonight I’m asking you, please, gather all the

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information before you make a decision. I came here to ask you not to approve this letter in which you say, no, we’re not going to participate. Because I don’t believe you’ve gotten the information you need to make a decision.

Artzer: I think what part of this is, when you guys are saying we are not part of, and we’ve had several meetings with the county with Mr. Pedro. We’ve had meetings with John. We’ve had meetings with other members of the Districts looking at what would be best for this community. And it’s not that we’re turning a blind eye to anything as far as information that might be out there that would help this community. Is there possible things that could help this Board? Sure. Is there possible things that could hurt this Board? Yes. And right now I can tell you over the last 4 years looking at information and I was trying to understand what was going on with all this information coming into this, the fear of something happening to this Park and Rec Board and budget outweighs the possible good it can do until there’s other questions that can be answered. And those aren’t getting answered. We’ve asked for a Business Plan 4 years ago with the county. And the county said, oh, we can work this up when we look at it - never happened. So until we have that I don’t feel confident that this budget’s going to stay in place, that going forward it’s going to be a positive thing knowing that information. So unless information has changed or there’s some other information that they can give us and show us to show us the positives, that this is not going to change for the worst. I’m not asking for 100% guarantee. I am asking for, in writing, black and white, dollars and cents, of how this is going to work with the General Manager and what’s there. We saw the Flow Chart that he provided. We saw the 15%. That’s what we’re talking about – 15% of our budget. And we’re looking at 15% of our budget and where it’s going to come from. Because at this point each Board would be responsible for this General Manager. It isn’t saying we’re going to give you $60,000 to cover that, it’s saying it’s out of your money you have now.

Male: So I agree that you have a well-founded fear.

Artzer: That’s the problem.

John LaTorre: All I’m saying tonight is that I would ask you to get the information that you were waiting for before you make a decision.

Wright: We’ve been waiting for 4 years. When are we going to get it?

John LaTorre: Being a part of that committee would enable you to get that information. That’s what I’m saying. That’s all I’m saying. You may make the Business Plan and the Business Plan may be a total turd – sorry Sewer Department. (laughter) That may be the case. But you have to be part of the committee to make that determination. That’s what John’s saying. I’m in agreement with John – that’s all we’re saying. And you may get the same conclusion, but you be a part of the process . . . .

Wright: That’s what I’m saying though. We have been for 4 years.

John LaTorre: But individually you have not come together and what you’re saying is you’re not willing to come together to collectively determine . . . .

Artzer: But we have come together. That’s what I’m saying – with the county. The county and each Board members. We’ve had – for multiple years we’ve had multiple meetings with each Board members coming with the county, with Craig Pedro. Right, John? Have we not had those meetings?

John Feriani: We have had meetings that you guys pretty much said you do not want to participate. And the number . . . .

Artzer: No. We had meetings where Craig Pedro and county staff came up here, with each Board members . . . .

John Feriani: Larry (Houseberg?) was going to do an analysis . . . .17 | P a g e

Artzer: And they presented everything.

John Feriani: And died.

Artzer: Yes. And they presented everything. And at that point with everything that was provided . . . .

John Feriani: There was no numbers or anything provided.

Artzer: There were numbers provided.

John Feriani: Larry (Houseberg?) was going to . . . .

Artzer: Yes. Larry (Houseberg) was going to do the whole analysis . . . .

John Feriani: Yes, but he never did. There were raw numbers provided.

Pat Atkins: Do you have copies of those anywhere? Anything on file?

Artzer: That was years ago we’ll have to look back several years. I just want to make sure you guys understand. This isn’t like we’re saying no without looking at numbers. We did look at numbers. We have looked at some of these before of where it would put us.

John Feriani: I just want to say – the last meeting, this flyer right here - we’ve provided 4 different steps the way our guy provided – if you haven’t got these I’d recommend trying to go online and Brenda will get them to you. But they really explain the process. They talk about – it’s actually 13%, not 15% - it’s not a big deal – and if you follow it it’s just a little bit more analysis each time and that’s where we’re at right now. It’s just to refine the analysis as time goes by.

Artzer: The other question I had for you John, are you beyond that? From what it sounds like you’re ready to move forward with LAFCO. You’re beyond . . . .

John Feriani: We’re putting this together so that everybody can review it and we can present it to the community.

Artzer: Correct. But are you beyond having more meetings?

John Feriani: At this point they were not being productive, just the same things being hashed over and over so that’s why we cancelled the last one.

Artzer: So at this point you’re saying there isn’t more meetings for everybody to get involved back together with.

John Feriani: So what’s this developing? We were planning to call another meeting once we move forward . . . .

Artzer: So we still have 2 Board members that were elected onto that committee.

John Feriani: So I think, well, that’s what I was going to say. And that’s what I meant when I said we’re going to move forward whether you guys participate or not - we will get a refined numbers – and again, you’ve got to remember these numbers are totally up to the Board to decide if they want to take the $60,000 from the Sanitary District and add it to the Park and Rec District budget that’s unrestricted. That’s what the community participation – I really hope that we have one point of contact, one meeting a month, the community can all show up there and that’s where they can voice their opinions and make sure that things keep steering in the right direction. There’s nothing to say that you guys, because it’s unrestricted, would like to pave the parking lot and sell your parking lot. I mean, you guys that that within your rights. I don’t have a fear because I know you guys are going to do what’s right. And I don’t think that I have any fear that a newly elected Board or appointed Board or whatever it’s going to

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be – eventually I think they will be elected because it will be an important part of the community. I think that that’s going to be up to the public to keep coming to meetings and make sure they steer the community the way we want to go. But this here does have a lot more information. If you can get those online from Brenda if you don’t have them. They talk about the agendas and all the information we’ve talked about the pros and cons and stuff like that. Anyway, I don’t know if that answers your questions.

Artzer: John, yesterday I talked to LAFCO, talked to Renee, and she said you had talked to her a few times and the comment that she said was, the comment you made to her was, you’re not going to get the cooperation from the Boards.

John Feriani: That’s what’s been apparent.

Artzer: And you were saying that you just want to go to election.

John Feriani: If we have to. I’d rather not. That’s never been my option. I’ve always wanted to do it the same way Twain Harte . . . .

Artzer: And at that time she also said that we can present our case.

John Feriani: Oh, yeah.

Artzer: As the Park and Rec saying this is why we don’t want to do it. And you can present your case along with . . . .

John Feriani: LAFCO’s going to make that decision, yes.

Artzer: And that’s why I’m saying I’ve heard all of your arguments. None of them is guaranteed that the Park and Rec won’t be absorbed. That’s my fear.

John Feriani: I’m not sure.

Artzer: I’ll give you a simple example. The firemen are going to need equipment and if something was to happen to budgets we don’t need to do our activities and that was my fear. We’re going to have to buy the best we can for our Fire Department. We don’t have to do the Easter Egg Hunt. And so this new Board will make that decision and they’re going to have to make it for the public. The safety comes over anything else. That’s what I’m saying. So if it has to go to an election I accept that. I would totally honor that. That’s what we’re here for. But I have to stand up and say that my fear is we’re going to lose what we’ve built.

John Feriani: That’s the last thing I want to do.

Artzer: I know you have heart for this town and so do I and we’re not ever going to agree on this. We never have. But I want to fight for what I believe is the Park and Rec. It’s a sad thing because our Supervisor actually said it the best. He said, with an election – with a vote - you’re going to tear your town in half. And I think that’s going to happen.

(multiple voices – inaudible)

Kenny Mitchell: And that’s what we want to avoid. And you’ve heard John say that he doesn’t want it to go there. So let me make sure I’m hearing it clear because it’s been asked multiple times I think. So what you guys in this letter what I hear is that you’re saying no to the Park and Rec District participating with the other 4 Districts to explore the pros and cons of a Community Service District. As a team looking at the worst that could happen and let’s look at the best that could happen and then let’s make a decision if we want to go forward or not.

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Wright: This isn’t preventing us from going forward and trying to get information. This is just presenting the fact now that we don’t see – we haven’t been presented with the ability to be able to move forward with the CSD. It doesn’t mean we won’t be involved with the CSD, we have 2 members on that Board. So if he’s going to re-open it up . . . . No, we have 2 elected members – from the information we received for 4 years. You’re making it sound like we’re not willing to listen to what’s being said. We’ve heard what we’ve been given and based on what we’ve been given, then . . . .

Male: But it’s not complete.

Wright: Okay then why are we going to listen to something that’s not complete?

Male: We want to get it completed so you can make the best decision.

Wright: How are we going to complete it?

Pat Atkins: They need your input.

Male: By exploring together . . . .

Wright: But they already . . . .

Male: The 4 Districts exploring for the best outcome.

Artzer: I think that’s what we’ve been trying to do is to find what’s going to be best for our Districts. There’s a lot of questions.

Male: (inaudible), not corporately.

Artzer: Even questions – John knows I’ve asked questions. And John is trying to get the answers to those questions. And he has answered some of those questions. The problem is the District boundary question is still out there. You’re going to have Ponderosa Hills be a part of a District that doesn’t have a Sewer Department.

Male: That happens all over.

Male: Did you hear about the Sphere of Inputs Tony?

Artzer: To still be a part of the Board to be voting for taxes on the sewer but not being applying to themselves.

Male: All right, those are all part of the what-ifs to be explored.

Artzer: Exactly. That’s what I’m saying. There’s a lot of questions that are out there that have got to be answered. And answering those, I can’t answer those.

Male: That’s like saying . . . .

Artzer: What I’m trying to do – John’s the one that wants this and sees the positive in it. And he’s trying to push us through this, which is fine. But give us the data we need to feel confident that this is the best for Park and Rec.

Kenny Mitchell: Let me take some of the pressure off of John. He’s a friend and I know he’s a friend to all of you. All I’m asking is that you go through the process. I think individually as a Board you have done a lot of work and research. I can speak specifically to Larry Houseberg and some questions about LAFCO. Many, many years ago when Park and Rec had questions about it and none of you were even on the Board – you may have been – but many, many years ago, and the question about boundaries came up for all those things which is an important issue. It’s not going to be just magically solved. All I’m again going to reiterate is hold off on your letter, hang onto it, and take your 2 members that you’ve

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nominated to be on the committee and go through the process for 6 months. Whatever it takes - maybe it’s a month, maybe it’s 2 meetings and all the information you need is there and you can come back and say, hey, guys, we’ve got what we need and we can make a decision on what we see. But the thing that I see is overall more important is to go in with an open mind and an open heart about it and not pre-determine yes or no. I’m not pre-determined. I may have a preference but I can honestly say right now that when you tell me that you want to protect our Park and Rec interests, thank you. And I darn well mean it because I want that too. And I don’t want the Fire Department or the Sewer Department or any other District to suck up all the money because we have - I know they need a new engine and I know they need equipment and I know all those things. But your 2 members should go in with an open mind, unfettered, and listen to the information, and participate very diligently in the process. That’s all. There’s no negativity at all. In fact that’s only positive and then they come back and can honestly say, hey, Donnie or Chairman, here’s what we have. And that letter is dead-on. Or that letter is not dead-on and here’s the thing that could potentially make it work. That’s it. And I think – there’s 7 or 8 members of the public here who are just asking you to participate. That’s all. We’re not saying to make a decision yes or no today. I’m just saying go to the meetings with the committee diligently, show up – don’t sit in the audience, sit on the committee, and go through the process. That’s all. I think it’s appropriate. I know you’re good men and women and you would do that.

Wright: Yes.

Male: As for (inaudible) I know you guys have put a lot of time in. I think all of you (inaudible). As for (inaudible), you guys have just got to go with what you believe in. And I know I’ve said this before, but regardless of what District needs the money – whether it’s a sewer system or a fire engine, those are tough calls and the problem I have with that when you guys say you don’t have to make that decision right now or whatever. I think it’s important that you look at that as the decision you need to make because that would be – regardless whether it be Park and Rec or whatever District, it’s about what’s best for the community. And I can guarantee you – I don’t care who you are and all of us say, well we need a fire engine, then we need a fire engine. And yeah, it sucks that we don’t have the Easter Egg Hunt but we are talking Easter Egg Hunt or someone’s life. It’s simple. It’s a simple choice. But it’s a tough one. All of us should be able to make that call including you, even though you’re on Parks and Rec. I don’t see that as an excuse because I don’t care what District you’re in you’re always going to choose a fire engine. Not that we don’t want all the other stuff. When I hear that thing about the fire engine, everyone’s going to choose a fire engine. It doesn’t matter. If you’re not choosing fire engine then I say you’re not being honest with yourself.

Male: It’s going to be the job of a Community Service District to figure out how to buy the new fire engine and have the Easter Egg Hunt.

Male: Yep.

Male: You would hope so.

Male: And you just have to trust in them just like we trust in you guys. Thanks.

Wright: Back to the Board. I know Steve’s said quite a bit. I’ve said quite a bit. Your turn Missy.

Hightower: I was listening to John when you were speaking and you said there are 2 ways that a Community Service District could be formed. And my understanding is 1. By Resolution, where you don’t feel as though there is buy-in at this point by the Boards; and the other is by election.

John Feriani: I think there’s actually a 3rd by LAFCO once things are presented they can just say, yes, you need a Community Service District.

Male: Which then goes to the Board of Supervisors.21 | P a g e

John Feriani: Again, I’m not sure about it. Then the Supervisors can decide. And if LAFCO felt – in the past they have recommended it (to the Grand Jury?). So just to correct I think it’s 3 ways it could happen.

Hightower: So in my – as a resident of Tuolumne and not receiving all the information when I asked for it twice. Well one time when it was voluntarily offered. And then a second time I still didn’t receive it. And the 3rd time when I got it it gave me some information that I could sink my teeth into. However, in talking to many constituents I feel there are lots of people who are just confused and there’s factual information out there that I think standing behind a Community Service District the saying yes, this is what I want for sure. I can remember 25 years ago and being probably your age – I don’t know, younger though – listening to all the bickering and stuff. It split the community at that point and I wasn’t even living here in town at that time. I don’t necessarily like the idea that it splits a community, but I think it’s important that the community gets to have a voice. So I like – I know it’s going to cost more money but I’d rather see a community have a voice and have an opinion to elect what they want to do. Because as a resident of Twain Harte who had a family business here, I saw the ramifications that may in 25 years things are always remembered as rosy, they weren’t nearly as rosy at that time for residents of Twain Harte going through that Resolution process. So I’d like to see people have an opinion. So I can’t stand behind something that I don’t feel everybody was able to have information on and not have a voice in. Especially in our last meeting we had lots of community members saying, well how do I find out information? What is the information? Where do I go? And we didn’t have a meeting to direct them to.

John Feriani: We gave them a website. They were supposed to leave their emails and Brenda would have sent it to anyone who requested it.

Hightower: At the CSD meeting. They were at our Park and Rec meeting.

John Feriani: Oh, just tell them to contact Brenda.

Hightower: We actually did. We tried to give them as much information possible. But I just heard a lot of confusion within community members. So I’d like to say that I’d like our community members to have a voice and a vote. And I’m sorry that that may cost more money – I wouldn’t like to see that – if we can do it cheaper, great, have an election. But I think everybody should have that voice.

John Feriani: Well that’s definitely an option.

Wright: Okay. Jake.

Jake Feriani: First everybody, thank you for coming and voicing your concerns. This is a big turnout for Tuolumne Parks and Rec. As it sits right now I am in favor of a CSD and I believe that presenting a letter to the CSD Board or whoever it gets sent to. The committee is not finished it’s investigation and has not hired anyone to do an analysis so I disagree and I am totally not in favor of sending this letter. So if we do vote it should be state majority is in favor of joining a CSD. I look at our District and yes, we are doing a great job. The park is green, everything is beautiful. But I remember times when I was a kid when it wasn’t that great. And James has done an absolutely wonderful job and this park has never looked better. But there’s still people that owe this District what, $6,000 from somebody when it was mismanaged before? There’s been times when there’s probably been deals we’ve made that haven’t been the best. And I believe the community input is one of the biggest issues - if you look at the members who attended the last Community Service District last month, how many people were there? There was I’d say over 50 at least. That’s a pretty good turnout for Tuolumne. Then this Board usually has 2-3. I know that last couple have been more majority. But that’s because of this issue, the CSD. And my other concern is with holding this Special Meeting tonight we’re worried about funds and spending money. This meeting is costing us upward probably $300-$400 when this could have been done

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in an open Regular Meeting. Donnie, you talked about boundaries. We hit on that last meeting and they talked about its Sphere of Influences. That’s basically yes, Ponderosa might be able to begin Tuolumne Sewer District in the future. What I understood is they wouldn’t be paying stand-by fees for sewer until they were incorporated into that District. Where I work we do have our boundaries and we have a Sphere of Influence for people that we can serve. But we don’t make them pay stand-by fees or hook-up fees or whatnot until they are in that District. Missy you said that you’ve never received anything regarding the CSD. I remember when John, my dad as you probably all know, actually came and presented to this Board about the CSD and gave that exact . . . .

Hightower: He handed it out and said he was mailing it so that my husband could – because I read it . . . .

John Feriani: And tossed it.

Hightower: No, I actually have it. That’s why it’s water stained (inaudible).

Male: So anyway so that this Board was presented with information on it and I did receive mine in the mail twice as well as – you know I do kind of agree with you, Missy, that if this doesn’t get passed by the Board – the vote is the best way because that going to give you the best presentation of what the people feel. So I do agree with you on that.

Artzer: Jake, you did say one thing – we were embezzled and that was during my watch. And it’s a painful thing to be on Board and have someone steal from you. It’s a tough thing to deal with because you are watching out for what’s best for your community. But do you honestly think that CSD could not be embezzled?

John Feriani: I believe it would be a lot harder because you have way more community involvement. Just looking at the sheer numbers of people that went to one meeting for the CSD that wasn’t very well advertised to a meeting that’s held each month at the same place, at the same time, the same day every month. And the amount of input those people had concerns good, bad, or the other, I think it would be very hard for an embezzlement or something of that nature to occur. And I don’t know any of the stories or whatever happened with that so I may have spoken a little out of turn, but I believe having a General Manager that’s experienced in it and having the big oversight of the community is what really helps.

Artzer: You’re right, it would help.

John Feriani: And I believe that the community would – they elect the officials, not just say, oh, this person’s going to elect him because he’s going to steal money from Park and Rec and put it to here. I don’t think anybody has that intention as a community member or a Board member because that would be a conflict of interest in general of being a Board member. I think that a Community Service District with Board – I think the potential for the community to grow and make the Tuolumne Park and Rec, it has a possibility of making it way better. Who knows what the funds from other Boards that could help us? Lighting District, Sanitary if they have extra, Fire which I doubt they would have, Cemetery – you never know what those funds could bring up. We’re looking at what they can take from us but we’re not looking at what they could give us.

Female: In grants.

John Feriani: In grants. And I think having someone dedicated to looking at grants, I think we could have a Community Center right now if we had a CSD. Due to the fact that you’d have more clout with the county, more voice, and people would know more about it.

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Wright: Real quick based on the CSD just so you know, there was embezzlement in Groveland’s CSD – misappropriation of funds.

John Feriani: Can I add one thing?

Wright: So it does happen in CSD’s as well. But if you have a bigger Board and a community that has an oversight of what’s going on your interests can be protected. But if you’re looking at going from 20 members to 5, are all interests being protected? That’s just something to think about.

John Feriani: I just want to give another example and it’s the Sanitary District in which you guys lost nothing. The Sanitary District. I was at a meeting once and there was a $54,000 bill to Harold (Woolburn?) & Associates for services rendered. And I go, what’s this for? And I don’t know, he did some work for us. There’s no explanation or nothing and you guys are going to pay $54,000 - you know what I mean? There was money, millions and millions legally embezzled from the Sanitary District and I felt that would have probably, hopefully would not have happened – we have a set of plans down there that the Sanitary District was supposed to have a building very similar to the TUD building that they paid 100’s of thousands of dollars for. And when I saw that that’s when I kind of got involved lot more and said, what the heck are you doing. It had 25 foot ceilings and would have looked just like the TUD building. So I think it happens when you don’t have enough participation and things aren’t done – there was good people on that Board and they didn’t mean it. They were trusting the people they hired. So we really do need community participation – people to come to the meetings. That’s really important

Wright: To be fair – I know David could not be here and he won’t have a vote in this. But I do know that he did leave his - he wanted to be heard so he wrote a letter and it says:

(**letter copy attached for reference**) And that’s David Keller. And I just wanted to read that so that he has a voice. That’s not a voting voice because he wasn’t here. So I think we heard everything from the public and I don’t know if any other of the Board members want to say anything else – some rebuttal or anymore discussion?

Male: I think we’re going to open it back up to public after to see if they want to say anything else after we talk.

Wright: But anyone else?

Male: Yeah, I think I heard you well. I think I heard just now that we won’t be voting on the letter tonight?

Wright: No, HE won’t be voting on the letter tonight. This doesn’t count as a vote for him because it has to be in a sealed envelope and postmarked.

Male: If we have a Motion, then a Second, and then do we have discussion?

Wright: Discussion will be now. So after we make a Motion and after we get a Second, we vote.

Kenny Mitchell: Okay then I’d like to make just one final comment if I may. If there’s a Motion and a Second, I don’t know how the 4 of you are going to vote – but I would hope that each of you would say, I was in favor of this or I was against this but what I heard the public say tonight is the public is asking us to wait. I sure hope you’ll wait. There’s no rush to make this decision.

Wright: Okay. Anyone else?

Male: Agreed.

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Hightower: So, John, because you were at the meeting and you were sitting on the Board there – I’m directing this kind of toward you – but my understanding was at the meeting I attended, you asked for the Boards to put into writing their feeling on being a part of a Resolution . . . .

John Feriani: Any concerns. Either pro or against having a CSD.

Hightower: Okay, so that’s what I see this letter as is saying these are our concerns – you’re asking for our concerns. And so I think that part of the problem is that the community is asking us to be a part of - that we’re putting in writing – these are our concerns to be a part of the discussion.

John Feriani: No, that’s not a list of concerns.

Wright: Sure it is.

Artzer: It’s saying that we DO NOT want to be a part of the CSD.

Wright: Right, we do not want to be part of a CSD – the CSD. And the reason being is based on the information that we have. That’s what we were asked about. What do we want to do? I doesn’t mean we’re not going to further our investigation on what can happen if things change or if more information – as he says becomes more complete. We’re not saying we can’t revisit the issue.

Jake Feriani: I think we need to restructure the letter then because the way that I read it it makes it seems like we do not want to be a part of any of it. We don’t want to be a part of the Exploratory Committee, . . . .

Wright: Where does it say that?

Jake Feriani: We DO NOT want to be part of the CSD – the last line.

Wright: Right. But that’s what he was asking about.

Jake Feriani: No, he’s asking about the pros and cons and the concerns you have. Not do you want to be a part of the CSD.

Wright: You could take that last line out and it would keep the same thing.

Male: Make it clear that the Tuolumne City Parks and Recreation District is absolutely not in favor of joining a CSD.

Male: Right.

Wright: So yeah, you can amend it and take that out. I think we read it differently.

Hightower: And so Jake, am I understanding – sorry John that I’m kind of talked over John there. But am I understanding you to say with an addendum of that line?

Jake Feriani: I would actually like some more time to sit down and read this letter some more and dive into it. I don’t know if all these things are presenting our facts. I guess if they are I’m relying on whoever wrote the letter.

Pat Atkins: Who did write the letter? Can I ask?

James Wood: I wrote the letter.

Pat Atkins: James wrote the letter.

Jake Feriani: So we’re putting our trust in James, which I do trust. If he’s saying that’s what was said I think that’s good. But I would like us to look at this some more and make sure that everything that

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we’re saying in here is true. Obviously a good point, we do not want to have any of our services diminished in any way. I agree with that 100%. Like I said earlier, having this brought up in a Special Meeting, I don’t think this was the right time to bring this letter up.

Wright: It should have been brought up last meeting.

Male: Yes, and I understand that you had an emergency, but it could have waited until the next meeting. This Special Meeting – people don’t necessarily know that they’re going on. It’s more of a word-of-mouth than anything. Not everybody stops in here, it wasn’t posted on our website.

Wano: It was.

Male: Oh, that’s right. I was looking on the wrong spot. My apologies.

Male: I looked right on the website and I can’t find it.

Wano: It’s underneath the little ads that Tony has on there – like Concerts in the Park and the Easter Egg Hunt.

Male: Can we make that so that it’s right after the Board Meeting Minutes?

Wano: It used to be in the Minutes, so I’m going to see if we can send it back over there.

Male: So that’s where I keep looking.

Wright: You’re too web-happy.

Female: I didn’t see the last Minutes for the last 2 months. Yeah, March isn’t on there. I didn’t see March 8th.

Wright: They’re not. They won’t be ready until the next meeting. So they get approved at the next meeting. When they get approved, then they get put on.

Male: One suggestion I would have is what we asked for is any reasons or concerns you have about a Community Service District so maybe instead of all the verbiage we could say, we are concerned about our budget, because we are concerned about that. That would be very helpful so we could address – we are concerned about losing employees and that would be things that I think could be addressed – either say yes, you could lose employees, or no, you won’t. If that’s the priority you could make sure that we don’t lose any employees. That’s originally what Tony asked Dave to come up with a Flow Chart so we did not lose any employees and kind of structure the money that way. I just think that that would be more of a response to what they’ve asked for and anything positive about it too, for or against.

Jake Feriani: I think that’s a good idea. I would like to take out the parts that say we are not in favor . . .

Artzer: I’d like to make a Motion on this.

Male: I just wanted to say one more thing about this. I like that we do talk about our District, how it was formed, some of our discussion, but I would like to see a bolded item list of where we do have concerns – this is one concern, this is 2 concern, 3 concern, 4 concern. That way when we present it to the CSD Committee they can respond formally and not try and guess where our concerns were. That’s my only thought.

Pat Atkins: Can I just ask how long the Board members have had the letter in your hands to go over?

Wright: One week.

Pat Atkins: One week to go over it. This is your first night to really talk about it . . . .

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Wright: We can’t get together. That’s a violation of the Brown Act.

Pat Atkins: Got it.

Wright: The only time we can do it is in an open meeting.

Artzer: Mr. Chairman I’d like to make a Motion.

Wright: Yes.

Artzer: In response to this letter my Motion would be that the first paragraph where it says, “This letter is being written” down to where it says, “taking this position,” I would suggest that that would be removed. And the second thing is at this time that the very last statement that we do not want to be a part of a CSD. Everything else in this letter is totally a fact and a concern and questions.

Wright: Okay.

Artzer: So what we’re saying tonight and what our constituents are saying – wait. It’s against my grain to say wait on this but I’m willing to. We have 2 members on that Committee. If we are going to send those to that meeting to be a fact finding, then we can discuss that at a later time. But as for tonight, what’s on the Agenda is this letter. So my Motion is to send this letter with those 2 lines excluded.

Wright: Two sections?

Artzer: Two sections.

Wright: Do I have a Second?

Jake Feriani: I will Second that Motion.

Wright: All in favor? 4-0 in favor. Second item on the Agenda is the Library. James?

James Wood: Well, it may be a non-issue at this point. What that was about is we were going to pursue trying to find a place to temporarily house the library or a portion of the library to keep it open in a limited way until the repairs are done to the building. We were under the impression that they were going to pack everything up.

(laughter and talking inaudible)

James Wood: Not interested in what’s happening in the library, huh?

Jan Wood: They’re gone.

(more laughter and talking inaudible)

James Wood: Well I just seriously wanted to point out the fact that we’re here as a Park and Rec District in an attempt to lease a space to house the library on an interim basis. Because of the problems they’re having with the building. And that has no interest to the majority of the people that were here. The issue is I contacted John (Eggar?) trying to find a place at the Tuolumne Square and he didn’t have anything for us. And I was able to get a hold of the Property Manager who has this building, the second one in, on the corner of Bay and Main next-door to the hair salon. It was in fact years ago the Youth Center. It’s been remodeled, it’s super-clean. It’s basically currently just an empty building that they have current, updated handicapped bathroom, and arranged a 6-month lease at $700 a month, so $4200 to, I mean we were able to go forward with that lease – that’s the point. In the meantime I’ve talked with, just today, Craig Pedro called me. I tried – I’ve called him a couple of times. When he called me he said that they really had no interest in moving any of that stuff. He said that they’re in the process right now actually – it’s kind of like a – they’re in the process now of cleaning all the books, all the

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shelves, and boxing them up. It isn’t true that they were going to box everything and move everything out completely. They’re going to move a portion of what was affected on the wall where they found mold and whatnot. And he’s saying that logistically – and he’s optimistic to say that the building will be done in 2-3 months. And so 2-3 months doesn’t justify the effort to move, even a small portion of the library. So we can let this issue drop or we could approve it – the idea that they may determine that it’s going to be a little more lengthy process and may want a space or we can wait and hopefully the building will still be available. It will probably still be available. I don’t know that they have anyone in line to rent it or to lease it. It’s been empty for a few months at this point. So again, we could let it drop, but that’s what it’s about. We were going to make an attempt to provide space for the library on a temporary basis.

Male: Was it expensive?

James Wood: Well, the Property Manager asked for a 6-month lease starting April 1st. That’s at $700 a month. That’s $4,200. But when Gail comes in here and says that they are serving 800-1,000 people a month – in 6 months that’s 6,000 people . . . .

Male: Would we be moving the books? Would that be our deal or should we try to get the county?

James Wood: You know I asked Craig to consider it. He was actually hearing this information for the 1st

time this afternoon when he got my message and called me back. Ed (Hogue?) who is the Facilities Manager who is probably directly more responsible for whatever they do over there, I spoke to earlier in the day and he didn’t want to have anything to do with it. He’s like, no, forget it. We’re not moving everything out. And that was pretty much all he had to say. Now whether we could make arrangements to convince them and we could perhaps even use – I don’t know if it would be legit or legal or appropriate or whatever, but whether we could use an inmate crew for example, one day, that’s 16 guys could carry every book over there across the street. And he mentioned that fact that they were categorized and catalogued, indexed, and all those kinds of things so I’m picturing that they would have a very specific protocol to follow to move.

Male: They said 2 months there – they’re going to be done?

James Wood: Yeah, I agree with that. I wasn’t going to say to Craig - No. I left it with him that it was just a gesture on our part to provide a space if they decided that it was feasible to move it temporarily. So there could be no action on this tonight. Maybe we have a Board meeting in just a few weeks . . . .

Wright: See if anything else comes up.

Male: Would they be interested in a month-to-month?

James Wood: I could see about that. But I think it’s more the county’s end. As of this afternoon my conversation with Craig was hey, we could sign tomorrow. I’m asking my Board to approve this tonight. We can sign the lease tomorrow. You can have a building if you want to move your books. He pretty much did not want to move the books. That was his first response. Whether it will change – I don’t know.

Male: Can we make a Motion to approve it if they say yes?

Wright: Well we can approve the amount pending their acceptance.

Male: It’s not a budget item.

Male: Do we have money?

Wright: Yeah, we have money there.

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Female: It’s like a donation to the library.

Male: Don’t call it a donation.

Wright: Our options are one of 2.

Male: It’s one of the many services we would provide our community.

Male: There you go.

Wright: So our options are either one or 2. We can either approve the budgeted amount in lieu of the county coming to an agreement or we can just put this on hold and put it on next month’s Agenda and see if there’s been any changes. Those are basically the 2. Yes.

Hightower: I would be concerned about, not that Gail doesn’t do a great job, but with that leak happening, I understand at one point I was in the library and she got a phone call and we had to escort ourselves out of the library because she said they want no one in the library including her at that time because of mold and mildew. They were concerned about it having gotten in the books. So I wonder if that’s the case. Even if you box them up do they have to go through specific cleaning or are we just transferring mold and mildew into a new building. It seems as though the property owners have . . . .

James Wood: Honestly I wasn’t clear on what he was trying to tell me but I got the distinct impression that they didn’t want to have to deal with it. He did mention that he wouldn’t want to go through the process twice.

Pat Atkins: James can I ask a question? Do they have fans and dehumidifiers running inside?

James Wood: They did and they have but it’s at a point now – well the last time I looked they did and they’re just waiting for – the repair has gone out to bid. They’re waiting for 14 days of clear weather once the contract’s awarded. It’s part of the condition of the work. Like anything else any kind of remodel once they begin to inspect it their problems got larger than just the (window?) work or whatever. So Jake, what you said is probably a reality in that they might hope to be done in 2 months to 3 months but the reality may very well be 4-6 months. In fact I think at one point Craig got a little bit – I kind of perceived that he was thinking that I was implying that they weren’t handling it properly and they weren’t going to handle it in a timely fashion or whatever. I think he got a little bit defensive. Here we are saying that hey, we’ve got a space and let’s get this library open. But I assured him that the idea was just genuine in the offer to help if they were willing to move the stuff that we could provide a space.

Wright: Okay. All in favor of that?

James Wood: And then also, too, if you would want to talk to the internet too, because they use a lot of computers down there. So that might be a good option (inaudible) as well.

Hightower: The most recent conversation I had – they would not hook up computers because you’re dealing with confidentiality.

Wright: The fun stuff.

Male: I think the initial discussion in moving the library was that they would move the books, they would move the shelves and furniture – they wouldn’t even consider moving the computers.

Wright: Okay, does the Board have a Motion or would you rather put it on the Agenda?

Hightower: I would prefer to put it on the Agenda seeing that hopefully Gail will be able to be here and maybe some more input.

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James Wood: Well, I think that I would be interested in contacting Craig Pedro in a few days, maybe after he’s had a little time to digest what we’re talking about.

Wright: Is your recommendation to put it on the next . . . .

Artzer: I think we could wait.

Wright: Okay so it’s good. Let’s put it on next month’s Agenda. Okay, meeting adjourned.

Wright: Usually before we get too far in our meetings and I forgot this. It’s a Special Meeting. Usually we waive our stipends so I would like that our stipends be waived. I know that was brought up a couple of times. The history of this, Jake, is that Special Meetings we don’t get paid.

(multiple voices inaudible)

Hightower: I can second the Motion.

Wright: Second. All in favor? Approved 4-0. So that was what you had too? So we’re all done? Okay meeting adjourned. At 7:55 p.m.

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