20160608Comment.pdf

Jean Jewell
From:Art Serig <[e-mail]>
Sent:Tuesday,June 07,2016 9:58 PM
To:Jean Jewell
Subject:Idaho Public Utilities Commission via Jean Jewell re Case No.PKS-W-15-01.Unable to
post online!Please acknowledge receipt of my request!
Idaho PLiblic Utilities Commission ,The undersigned,Arthur L.Serig.agrees with all the objections raised by
my neighbors with respect to this request brought to the Idaho Public Utilities Commission regarding Case No.
PKS-W-15-0 1.
Arthur L.Serig
Owner
3383 Aspen Drive
Tetonia,Idaho $3452
Marine359O@ gmaii.com
RE:Request from Packsaddle Water Systems,Inc.
Packsaddle Creek Estates,Teton County.Idaho
Case No.PKS-W-15-Ol
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 also requests:
1.The Commission’s legal department review the recorded real property documents of Teton County,located
at Teton County Courthouse,150 CoLirthouse 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 alt 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
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landowners of the homeo\vners associations activities and votin procedures.This does not exist in
Packsaddle Creek Estates.
The second paragraph of said ptess 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 incolporators
until after this business entity was formed on May 29.2015.
The Commissions 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 of the current water company’.There were I 1 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 hut 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
ofilcial 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 he 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—15—01.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 corpotate documents flIed 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 cListomers”individually agree to he 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 oted to remove idaho PVC from the oversight of Packsacldie
Creek Estate’s water provider.
Article VII states in relevant part only.“Each customer of Pucksacld]e Water Systems.Incorporated shall he 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 full paragraph is wholly inaccurate,as an individual
homeowner solely’communicated with the prior water company’s administrator.At no time could a
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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 pt-opel-ties 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 throLigh an
independent review by the Cornmissions legal department;stay any further action by the Commission until all
Parties affected by this transfer have had tegal 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 contincte 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,
Arthur L.Serig
Owner
3383 Aspen Drive
Tetonia,Idaho 83452
Marine359O@ gmaiLcom
Sent from my iPhone
Captain Art Serig
USCG Master
305.542.3661
Marine359O@ gmail.com
www.tactrainingusa.com
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