CSD board nominees down to two
by Ruth Roberts
Nov 09, 2009 | 999 views | 77 77 comments | 39 39 recommendations | email to a friend | print
Discovery Bay resident Michael McCleery has withdrawn his name as a candidate for one of the two CSD seats left vacant last month by the resignations of Treasurer Dave Dove and Director Shannon Murphy-Teixiera.

In an e-mail sent to the town on Nov. 5, McCleery cited his lack of experience and short-term residency for his decision to bow out of the race.

“After being conflicted all night, I have come to the conclusion that I am too new to Discovery Bay and lack the experience to be an effective director,” said McCleery. “There were nuances in last night’s meeting that literally went over my head … I would like to apologize profusely for dropping out at this late moment. I feel I was naïve and really didn’t do my homework. I believe I need several years of working in the community before I would consider myself eligible for the position. I feel the other two candidates you have nominated to fill the vacancies understand the community better than I do. I would like to thank the directors for the honor of being nominated for the position.”

McCleery’s withdrawal came just one day after a heated and at times contentious CSD meeting on Nov. 4 in which he, along with residents Brian Dawson and Kevin Graves, was nominated for the board seats from among seven applicants. Nine residents had originally applied for the positions, but Roger DiFate withdrew his application at the last minute and Rose Solberg was a no-show at the meeting.

The board, comprised of President Ray Tetreault, Vice President Mark Simon and Director David Piepho, deadlocked following Piepho’s announcement that he would not agree to vote for candidates individually, only in pairs. Piepho explained that by voting in pairs, the board would eliminate the risk of appointing just one candidate, which could then force the new appointee to cast a vote for or against the final appointee.

A review of the tapes from the meeting reveals that the first round of nominations began with a motion by Simon for the appointment of Graves, followed by Piepho nominating Dawson, and Tetreault calling for McCleery.

The board first considered the pairing of Graves and McCleery, proposed by Tetreault and seconded by Simon, but rejected by Piepho. Piepho then nominated Graves and Dawson, which Tetreault accepted but Simon rejected. Rather than declare a deadlock, the board then agreed to try again to reach a decision and called for a special meeting on Nov. 11.

McCleery’s withdrawal leaves Graves and Dawson as the only board-nominated candidates. When the CSD reconvenes this week, the board can either agree to appoint the two remaining candidates to the two positions, reopen the nominating process, or call for a special election. Any of the three options would require a unanimous vote.

If the board does not agree on a course of action, the decision will go to the county Board of Supervisors, which will have 30 days to appoint or call for a special election. In the event that the supervisors take no action, the town will be required to hold a special election.

The special CSD meeting will be held on Wednesday, Nov. 11 at 7 p.m. in the town offices, 1800 Willow Lake Road.

Comments
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putdownthebong
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November 13, 2009
MacVittie? Have you actually seen him in action on one of the committees he brags about? Ever talked to some of his fellow board members on those committees for a comment on his competance level?

I've done both. He'd be hard pressed to come up with a letter of recommendation from anyone but a personal friend.

The whining 2 meetings in a row isn't helping him in the "I'm wearing big pants now" vote either.
Unless
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November 13, 2009
Unless you've actually watched Walter MacVittie at a meeting. Of course, anger, rudeness and belligerence seem to be par for the course with the Simon/Tetrault slate. Of course you'd want to continue that...
unbiased?
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November 13, 2009
I'll buy that for a dollar.

I would like to see Kevin Graves and Mr. Dawson.
anonymous
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November 13, 2009
Kevin Graves & Walter MacVittie

Seem to have the most unbias common sense knowledge and experience
AstuteObservations
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November 13, 2009
an observation on Jen Mixon's Blog...

But what disturbs me most is the obvious, but unspoken reasons for Simon and Tetreault not wanting to vote for the 2 remaining nominees and it’s rooted in elitism. Both Graves and Dawson have done much for the community and in Dawson’s case, the CSD directly. But Brian was singled out as being the sticking point in a concurrent vote effort. For what reason? Because he’s not a property owner? Let’s flash back to last Fall’s election when the Simon-Tetreault slate was running.

What the hell?? A slate??? How can anyone promote running on a slate last Fall, but say it’s not appropriate to vote a slate here? How can anyone use a renter living in Lakeshore in their campaign effort to smear the sitting board last Fall over the spill issue, then look down their nose at one today?

That is exactly the sort of hypocrisy and elitism that I thought these two Board members had grown out of. It was nothing short of a kick in the gut for me on Wednesday. I had warmed to this Board, in spite of the reservations I had post election. They were chugging along and getting the business of the District done. But at a critical moment, they now go back to the old Ray and Mark who look down their noses at those who don’t fit the cocktail crowd or the yacht club mold. As far as I’m concerned we’re back to the days where they pretend that Discovery Bay extends no further west than Newport and the old “us versus them” atmosphere is right back in my face. I’ll have to dig up the old letter from crazy Bill where he says that divisiveness is just a figment of our imagination.
it not about that
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November 13, 2009
It isn't about who they WANT, it's only about who they DON'T want.

It's a shame.
sillysilly
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November 13, 2009
Yes, please let the community know which of the candidates you would prefer along with Kevin Graves?

Bud Kyle

Don Flint

Walter MacVittie

Dominic Carano

Please enlighten us.

More than one side
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November 13, 2009
To every story. You people keep forgetting that as you go after this young man.

I too am curious who is better and why. That doesn't seem to matter. Let's just keep attacking this guy. Sounds like a great plan. I don't see people who care about their community, I see people who care about their vendetta.
it is very clear
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November 13, 2009
you don't want Dawson.

Who do you mean, ugly, tactless people want?
Scooter with a flat
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November 13, 2009
There isn't likely to be a special election.

Outside of this ridiculous power tripping bunch are level headed people who will now have the opportunity to make the appointments(the BoS). You can't let a Board sit here for 5 months with only 3 Directors. It means that all votes have to be unanimous. It's suicide for conducting the town's business. There is a development project coming before the town for comment, if the GM's comments from last week are correct. That means you have only 3 weighing in on an important issue or you tell the Developer to take a hike for 5 months.

Business is simply not done that way. The County isn't going to sit by and let this mess fester.

Thanks again to Two and a Half Men(Richardson/Flint/Barber) for creating this mess and completely neutering the CSD in the process.

anonymous
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November 13, 2009
The deadline is Tuesday for replacing Murphy-Teixeira and Nov. 25 for Dove.

SAVE 50K AND KEEP IT LOCAL,

Emergency meeting Monday or Tuesday, Post agenda today, Re-open nominations,

Make both seats contingent on swearing in at the same time.

agree on one person by Tuesday

follow up with the second seat nomination by the 25th

or let Supervisor Piepho recomend both seat appointments to the BOS.
Say Who?
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November 13, 2009
okay, so you don't want Brian Dawson. Who DO you want?
picky
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November 13, 2009
You'd prefer a guy who hasn't kept himself busy calling people names on blogs? Well there goes Flint and MacVittie. Which leaves us with Mr. Skipped-my-first-day-on-the-job-to-interview-for-another-job, and Bud Kyle as other options. Oh RIGHT... they already closed nominations and didn't see fit to nominate any of those people.
Just The Facts
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November 13, 2009
The town GM was asked about the cost for a special election several meetings ago. He said he thought "about $30k". All of the board members disagreed thinking it was much higher and asked for a firm figure which, to my knowledge, was never given. So unless Ray/Tetrault researched it (I am dubious), they made a motion for a special election that the taxpayers will foot the bill for WITH NO IDEA AS TO THE COST. That's better?

I wonder, if everyone's jobs, resignations and firings were public record, what sort of information would come out about the other candidates, and frankly, the current board members?
TTRJP
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November 13, 2009
Ok, so we just saved more than $10K by calling on the gal with the ironic name (Fact Checker) to provide some facts. From $50K to as much as $40K is a drop of >$10K. That was pretty easy. A few more direct questions and we may get that down to $30K.

Still haven't heard of one regulation from RRO that Piepho cited. Fact Check says there were more than one such example...still waiting for one.

For all those people who think Mr. Dawson would make a good director and Piepho's intentions are virtuous, fine. Keep the faith.

Some of us would prefer a director who didn't chase down someone in a dark parking lot to confront them over comments made in the back of a meeting room. I would prefer a guy tha hasn't kept himself busy calling people names on local blogs over the past year, and I would prefer someone with some experience that would help him with the duties of director.

I took the time to read that article in the Orlando Press and while it has been a year since this episode, I don't think there's any indication that Mr. Dawson has grown up.

http://blogs.orlandosentinel.com/news_politics/2008/08/armitage-campai.html

He apparently used the Armitage campaign's email list to blast email her supporters that he was leaving the campaign because he had huge differences with their candidate. That's classless.

The Piephos should be concerned about similar actions by Mr. Dawson on their watch....
Pathetic!
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November 13, 2009
Funny how "what facts" here wants to torpedo the approved procedure when it's not in their favor. Coming from the misfit camp who has sued the District over a disagreement in procedure, I find it particularly hypocritical. Nominations were closed at the previous meeting. The vote was the item continued to the Nov 11 meeting, not the whole process. Having just listened to the audiotape of the previous meeting, I'm certain on this. Where are you getting your information "what facts"?

The GM stated a special election could cost as much as $40k. He was asked to check with the elections office a couple of meetings back.

If this were to go to special election it runs in April. The new members would take their seats in May. The seats expire in November, for all intents and purposes, because of the holidays. So the critics, and now apparently Simon and Tetreault want to hold a special election so 2 new members can sit through about 12 meetings............for $40,000????

The same people complaining about how money is spent are now chomping at the bit to spend that FOURTY GRAND for 12 meetings of the Board? Does the hypocrisy know no bounds here?

But backing away from what the critics want, there is no way the 5 on the Board of Supervisors would ever let it go to a special election. Fiscally it's irresponsible and because a couple of local officials couldn't get over their pettiness, now it will be left to the adults in Martinez to pick the replacements.
what facts?
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November 12, 2009
Fact Checker wrote: "Once again, only Director Piepho came prepared, and was able to cite regulations from the Roberts Rules of Order that were actually relevant to the proceedings..."

Don't think so...Name one regulation from RRO that Piepho cited. You say more than one so if you can name more do that.



Fact Checker: "... and demonstrated that concurrent voting on the nominees was the recommended procedure."

Don't think so...He said it, but he didn't demonstrate it.

I also like the way Mankin (didn't Mary just appoint him to a committee?) and the Piepho crowd now cite $50K as the cost for an election. Not a single source outside the Piepho camp has put the cost that high. It's more Piepho BS, but if Piepho really cared about it he would have not stood in the way of reopening this nominations.

David: Sometimes just because you can do something doesn't mean you should do it. I don't expect you and Mary to be linked too closely to Mr. Dawson for too long. I hope he handles that transition with you better than he did with Armitage in Florida!
fact-checker
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November 12, 2009
Here is an article that does a pretty good job of characterizing the events of last night. Anyone surprised that it was in the CC Times and not the Press?? I think not:

Disco Bay officials fail to fill vacated positions

By Jonathan Lockett

Contra Costa Times

Posted: 11/11/2009 10:08:21 PM PST

Updated: 11/12/2009 05:48:59 PM PST

DISCOVERY BAY — The decision of who will fill the two vacant seats on Discovery's Bay governing board will likely rest with county supervisors after members this week failed for the second time to agree on the appointments.

One of the supervisors who would make the decision is Mary Piepho, the wife of board member David Piepho.

During a special meeting Wednesday night, Community Services District board President Ray Tetreault and directors Piepho and Mark Simon could not agree on the appointments, even though there were only two nominees for the seats after one candidate withdrew.

"There were two candidates, but we didn't want one of the candidates," Tetreault said. "I tried to reopen nominations so we can try to get two guys in there we could agree on. I'm very disappointed, but not all of us were willing to comprise."

All of the directors said they wanted the appointments made by the board and not the supervisors.

The board has 60 days from the resignations of Dave Dove and Shannon Murphy-Teixeira to make an appointment before the matter goes to the county. The deadline is Tuesday for replacing Murphy-Teixeira and Nov. 25 for Dove.

The board nominated Kevin Graves, Brian Dawson and Mike McKleary for the openings. McKleary later withdrew. If the matter goes to the supervisors, they will have 30 days to fill the seats or place the matter on an April ballot. They can appoint any registered voter from Discovery Bay.

"I think we're all pretty much in limbo now," Dawson said. "I thought it was a sham and an embarrassment to the community."

Tetreault tried to make one appointment at a time, but Piepho, who favored voting for nominees simultaneously, voted no for both candidates.

"I'm not voting no for a candidate," Piepho said before voting, "I'm voting no for the process."

By appointing one nominee at a time, the new appointee could vote on the second vacancy, which Piepho opposed, saying the first appointee would have an advantage over the second. The Robert's Rules of Order guide to governing bodies also advocates voting simultaneously when filling multiple vacancies, he said.

Piepho made a motion to vote for both spots simultaneously, but neither Tetreault nor Simon supported it. Tetreault's motion to have a special election failed as well.

Dawson, 29, lived in Discovery Bay for two years before moving away and returning a year ago. He said he wants to be a board member to give young people in the community a voice.

Neither Tetreault nor Simon, however, are comfortable with Dawson, who was nominated by Piepho.

"I'm not willingly putting someone on the board that's not right," Tetreault said.

Said Dawson: "I would love to know what is so bad about me "... but I think that they're going to do what they're going to do."

Some residents believe Mary Piepho should not play a role in filling the openings because of her relationship to David Piepho.

"I think that Supervisor Piepho cares about the community," Simon said. "I believe that she's going to get a barrage of e-mails asking her not to put Mr. Dawson on the board. I'm hoping that they do the right thing."

There is a slim chance the board can resolve the matter before the Thanksgiving holiday, but Tetreault isn't optimistic.

"It's done," he said. "Unless someone changes their mind."
wrongprocess
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November 12, 2009
I agree with Director Piepho. The process was flawed. Did anyone notice that Director Piepho was the only director on the board who asked the same questions to each applicant for the positions? And did anyone notice that he was the only one who prepared thoughtful questions in advance? And did anyone notice that Director Simon asked questions that weren't quite so fair and appropriate? He practically told Bud Kyle that he was too old to serve. Ridiculous given the guy was a 3-time mayor and had dealt with very difficult challenges during his tenure. And asking Brian Dawson about his ties to the community and making the assumption he might move out of town in the near future was also inappropriate and prejudicial. Just because Dawson isn't a homeowner and isn't completely underwater like so many of us doesn't mean he will leave any sooner than the rest of us. But it might mean he's a smart enough guy to not buy a home during the worst economy since the Great Depression.

And what about last night? Once again, only Director Piepho came prepared, and was able to cite regulations from the Roberts Rules of Order that were actually relevant to the proceedings, and demonstrated that concurrent voting on the nominees was the recommended procedure. What did President Tetreault and Director Simon have to say? Nothing. Because what could they say? They didn't know the law and hadn't researched in advance to have evidence representing their perspective on the issue. And last night, only Director Piepho seemed motivated to have the CSD make the appointments. Tetreault and Simon were quite willing to stick our ratepayers with a $50,000 bill for a special election, and when Piepho didn't vote for that, Tetreault and Simon sat back and were ready to have the Board of Supervisors make the decision, even when Director Piepho offered to meet again and also when he offered to hear more from the candidates. Tetreault and Simon weren't interested in either option.

The situation we are in is due to Tetreault and Simon not being prepared, and due to their prejudice against a person who has already contributed to our community and who has attended nearly every CSD meeting since he moved to Discovery Bay. A person who grew up in the Bay Area and whose parents and siblings have lived here in Discovery Bay for many years. A person who happens to not be a homeowner or a boat owner. A person who represents thousands of residents who live in Discovery Bay West. A person who Director Piepho recognizes would be an asset to the board.

It is extremely clear why Simon and Tetreault voted against Dawson. And it is also extremely clear why the Board of Supervisors should appoint Kevin Graves and Brian Dawson to the CSD Board.
me too!
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November 12, 2009
I haven't seen or heard that Mark Simon has an anti-renter agenda. I don't have one, but I don't think a 29 YO man with no skin in the game and no experience in his pocket is the right choice. that's all it is. Is that wrong?

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