20160606Comment.pdf

RECEIVED
Idaho Public Utilities Commission
P0 Box 83720 U 6 I1 8:
Boise,Idaho 83720-0074 fr)t
i::,‘‘MMISSJONRE:Request from Packsaddle Water Systems,Inc.
Packsaddle Creek Estates,Teton County,Idaho
Case No.PKS-W-15-01
This communication to the Idaho Public Utilities Commission (hereinafter “Commission”)is in
response to the recent press release of this Commission dated May 20,2016.The information
provided to the Commission and then disseminated by this press release is not accurate.
The undersigned requests:
1.The Commission’s legal department review the recorded real property documents
of Teton County,located at Teton County Courthouse,150 Courthouse Drive,
Driggs,Idaho,83422,[phone] and additionally review the Idaho Secretary
of State’s records as it relates to Packsaddle Water Systems,Incorporated;
2.Stay these proceedings until such time that all homeowners and landowners in
Packsaddle Creek Estates have actual legal notice of the consequences of the
request being made to this Commission;
3.and deny the request being made to the Commission as it refers to self regulation
and/or “opting out”of the Commission’s oversight.
The Commission should continue regulatory authority over the new entity water
provider.
The following and the particulars described here are the basis for this request:
The title of the Commission’s May 20,2016,press release,indicates there is a homeowner’s
association at Packsaddle Creek Estates,Teton County,Idaho and by its’consensus it is seeking
to operate a water company.When the Commission’s legal department reviews the public
records they will discover there is no homeowner’s association.There is no organization “like”a
homeowner’s association existing in this section.A homeowner’s association must be recorded
in the public records to give legal “notice”to all potential and current landowners of its
existence,operating protocol,financial consequences and procedures for noticing all landowners
of the homeowner’s association’s activities and voting procedures.This does not exist in
Packsaddle Creek Estates.
The second paragraph of said press release states:
“The 35 residential customers of Packsaddle Estates Water Corporation have
formed Packsaddle Water Systems,Inc.and seek to operate the water company as a
publicly operated utility which would remove it from the Idaho PUC jurisdiction.”
A review of the Idaho Secretary of State’s official records reveals the names of the incorporators.
The 35 residential customers of Packsaddle Creek Estates did not form the entity nor were they
included or noticed of the formation of said entity.The majority of the residents were unaware
of the actions of the incorporators until after this business entity was formed on May 29,2015.
The Commission’s legal department will further discover the existence of the recorded Protective
Covenants for Packsaddle Creek Estates.Said document makes no provisions for a homeowner’s
association or “like”association.
On July 1,2015 an informal gathering was held at the request of homeowners as rumors had
started of the formation of an acquiring entity and/or acquisition ofthe current water company.
There were 11 attending of which several were from the same household.During said gathering
there was strong opposition to the manner in which the original incorporators were proceeding,
including but not limited to,the removal of the Idaho PUC oversight of this communities water
system.The Parties at said meeting agreed not to seek the removal of official oversight and leave
it in the jurisdiction of the Idaho PUC.
This is in direct opposition to the second half of the second paragraph,reproduced above from
the Commission’s press release.
The July 1,2015 gathering had present a de minimis fraction of actual homeowners and there
were no owners who have not developed their parcels present.The comments found online at the
Commission’s website would indicate landowners also wish to be heard and want continued
oversight.There have been numerous reasons provided for their concerns and their intent.It is
reiterated that the press release dated May 20,2016,Case No.PKS-W-l5-Ol,Order No.33525
attributes the application to the Commission to a vote of a homeowner’s association and that is
patently incorrect.It has been the intent of the participants that oversight continue.
The original corporate documents filed with the Idaho Secretary of State were amended after the
informal gathering.The “35 residential customers”were inserted in Article VII of the Amended
&Restated Articles of Incorporation of Packsaddle Water Systems,Incorporated,filed and
recorded on September 3,2015,as a result of the discontent voiced at the July 1,2015 gathering.
There were never discussions of forming a homeowner’s association nor did the “35 residential
customers”individually agree to be included in said corporation.No democratic vote of the 35
residential customers has ever occurred.The undersigned requests strict proof from anyone
claiming that the 35 residents in fact voted to remove Idaho PUC from the oversight of
Packsaddle Creek Estate’s water provider.
Article VU states in relevant part only,“Each customer of Packsaddle Water Systems,
Incorporated shall be a member of the same.”The word “shall”clearly does not leave freedom
of choice nor a democratic process.
In the press release,the second sentence of the third frill paragraph is wholly inaccurate,as an
individual homeowner solely communicated with the prior water company’s administrator.At no
time could a homeowner’s association be attributed with existence,knowledge and/or
membership by the actual homeowners,as erroneously stated.
This writer reviewed the public records of this Commission.The concerns of Tory Whitehead,
3283 Aspen Drive,Teton County,Idaho (Packsaddle Creek Estates)were discovered.He posted
his written concerns to the Commission in two separate letters.His issues echo a portion of the
concerns outlined hereinabove.
The undersigned homeowner purchased the real property in Packsaddle Creek Estates based on
the recorded documents found in the proper and legally required location in the County Records
Department.The expectations and understanding of such records were the basis of such
purchase.All land and homeowners relied on the legally binding documents recorded with their
properties at purchase.These documents gave them notice that they lawfully should be able to
rely upon.
It is requested that this Commission review all aspects of the requested water company transfer
through an independent review by the Commission’s legal department;stay any further action by
the Commission until all Parties affected by this transfer have had legal and actual notice of such
request and its consequences;and deny the request being made to the Commission for self
regulation and/or “opting out”of the Commission’s oversight.
It is the wishes of this writer and those voicing their concerns that the Commission continue
regulatory authority over any water provider in Packsaddle Creek Estates.
Should there be any questions or if you would like to discuss further,feel free to contact me.
Respectfully,
Peter Z.Kamenesh
2310 Grandview Drive
Packsaddle Creek Estates
Tetonia,Idaho 83422
[phone]
[e-mail]