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BOARD MEETING MINUTES

REGULAR MEETING
SATURDAY, APRIL 18, 2009

A.    CALL TO ORDER/ROLL CALL

President Boucke called the Regular meeting of the Board of Directors of the Stinson Beach County Water District to order on Saturday, March 21, 2009 at 9:37 a.m., at the District Office located at 3785 Shoreline Highway in Stinson Beach, California.

Directors present:
Barbara Boucke, President
Lawrence Baskin, Vice President
Elizabeth Sapanai, Director
Scott Tye, Director
Jim Zell, Director

District Legal Counsel present:
Patrick Miyaki

General Manager present:
Ed Schmidt

Staff present:
Administrative Assistant - Denise Badstubner
District Engineer - Rich Souza
District Waste Water Inspector - Chris Kelley

B.    PUBLIC EXPRESSION

Marion Weber asked if the Board had voted for a final resolution regarding the Cell Tower lease. Director Baskin stated that the Board will notice the meeting when the Cell Tower is on the Agenda. The General Manager stated that Verizon may be submitting a new draft agreement to the District by the first of May.
Pamela Lichtenwalner asked about the status of the Cell Tower Contract with the District. The General Manager responded that the draft agreement from Verizon will be presented to the District about the first of May. The Board requested that a letter of notice be sent to members who spoke at the last Public Hearing. Pamela Lichtenwalner told the Board that there was a list serve being developed and she will provide that to the District. The Board clarified that before an agreement goes before the full Board, letters will be sent out to all of those who spoke at the 2nd Public Hearing (about 15 people), not 200 people.

C.    SETTING OF AGENDA

Director Sapanai made the motion to adopt the Agenda as presented. Director Baskin seconded the motion. The motion was approved by unanimous vote.

D.    APPROVAL OF MINUTES

Director Tye moved to approve the minutes of March 21, 2009. Director Baskin seconded the motion. Director Tye stated that Denise Badstubner should add herself to the regular roll call of the Board. The motion was approved by unanimous vote.

E.    APPROVAL OF DISBURSEMENTS

Director Baskin moved to approve the Disbursements of March 18, and April 2, 2009. Director Sapanai seconded the motion. The motion was approved by unanimous vote.

F.    PUBLIC HEARING

  1. Consideration of appeal of Revocation of Discharge Permit by Tim Peterson, 12 Marine Way. Continued from the Saturday, March 21, 2009 Board meeting. President Boucke continued the Public Hearing. The General Manager referred the Board to his staff report. The General Manager stated that at the conclusion of the Board meeting last month the Board suggested that Mr. Hurd and Mr. Peterson present a proposal with mitigation measures to ease the concerns of the District. The General Manager presented a letter from Mr. Hurd regarding suggested mitigation measures.
    Mr. Hurd stated that he and Mr. Peterson were there to present some mitigation measures that they hoped would address the concerns of the Board. The first part of the proposal would be the installation of an MDU at 12 Marine Way and asking the District to monitor it on a weekly basis. Mr. Hurd stated that the Board would have to determine the ramifications if the monthly water usage and discharge exceeded the allotted daily average. Mr. Hurd stated that 12 Marine has a permitted discharge of 200 gallons per day. Mr. Hurd stated if a monthly average of the MDU's reading demonstrated over 266 gallons in average daily usage, then they could assume that the second unit is new construction, thereby triggering septic analysis if this were to occur. In addition, Mr. Peterson has agreed to a deed restriction prohibiting overnight stays at any time anywhere in the workshop. Mr. Hurd requested that the Discharge Permit be reinstated with the condition that the deed restriction is recorded and an agreement regarding the MDU as proposed be entered into within 30 days of today April 18, 2009.
    Director Sapanai stated she disagreed with the comment by Mr. Peterson that he had no notice of the District rules and regulations. Title IV, the District Code is easily available to anyone wishing to build in Stinson Beach. Director Sapanai stated that somehow this matter has become about someone sleeping in the workshop. Director Sapanai reviewed what would be considered the definition of habitable space and stated that by Mr. Peterson's own comments, this is a family room. Director Sapanai stated that an MDU would not be of any help at all and would require District staff involvement at a greater expense to Mr. Peterson. Director Sapanai also stated that a deed restriction should include language that the structure will not be a second unit. Director Sapanai explained that anytime there is new construction, it is a trigger to review and consider code regulations on older septic systems.
    Director Zell asked District Engineer, Rich Souza about the 200 gpd as being average or maximum. Rich Souza responded that this would be a maximum, although there is no historical data telling the District where that number came from. The system seems to be 20- 30 years old and based on the size of the building at the time, how it would function today with a maximum discharge of 200 gpd would have to be evaluated. Director Zell stated due to the unknown factors, especially the unidentified location of the leach field, he would be reluctant to approve any increase to the gallons per day discharge rate.
    Director Baskin asked questions of Mr. Hurd regarding water use. Director Baskin introduced a concept to the Board suggesting a possible resolution with the homeowner. He suggested setting a maximum number of gallons per day for water usage, develop deed restrictions, and set a trigger point which if exceeded would have consequence to the homeowner. When and if the trigger point is exceeded that will be the time when the water is turned off and the homeowner will be responsible to upgrade the system, no matter what the regulations in effect are at the time.
    Director Tye asked if District legal counsel had any comments regarding this matter. Patrick Miyaki asked the appellant if this motion is something they could live with. If not, the Board needs to go in a different direction. President Boucke asked Mr. Peterson if the motion was acceptable to him, Mr. Peterson said, yes. Patrick Miyaki advised the Board to continue the Public Hearing process until the agreement comes back to the Board. If the Board is unable to reach a written agreement based on the principals that are laid out, then there is no need to start the process over and the Board can take action on the appeal.
    Director Zell asked the Board if they were locked into 200 gallons per day. Director Baskin and President Boucke would support the 200 gpd; Director Sapanai may support 200 gpd, but would rather go to historical use which was 187 gallons. Mr. Peterson asked the Board for 200 gallons per day.
    Rich Souza reminded the Board that they were basing their analysis on a system that was developed 20-30 years ago.
    Patrick Miyaki suggested to the Board that they make a motion to direct staff to work on an agreement with the appellant that includes the principles laid out and to bring the agreement back to the Board for approval at the June, 2009 Board meeting.
    Director Baskin made the motion to direct staff and counsel to work on an agreement with the appellant to suspend the revocation process with the following elements being agreed to: 1) there will be a recorded deed with the following restrictions, a) no second unit, b) the garage workshop shall not be used as living space for overnight sleeping purposes , 2) limit the total water usage to the property to 200 gals per day on average, 3) in the event the usage is more than 200 gallons per day in any 2 of 3 months, the Discharge permit will be revoked on 15 days notice. Restoration of water service shall be conditioned upon an engineered approved septic system, based on the regulations in effect at the time it occurs, 4) the District shall be reimbursed for Attorney's fees in an amount not to exceed $2000.00, Director Tye seconded the motion. Director Boucke amended the motion to state, 5) add a monthly wastewater fee to the property in the amount of $25.00 per month to defray costs to the District, 6) if the trigger point is ever reached the owner waives his right to appeal and it is conclusively presumed that the workshop is living space. President Boucke called for the question. The motion passed with Director's Baskin, Tye, Boucke and Sapanai voting in favor and Director Zell opposed. 4-1
    This item will be reviewed again at the June 20, 2009 meeting of the Board.
  2. Discussion and possible direction to staff Re: Proposal to implement an excess use charge, in the form of a revised tiered rate structure in the case of a DROUGHT RESPONSE, "Trigger Point". The General Manager explained that the "Drought Response", was not a rate increase but a tightening of the tiers for water rationing during an emergency. Director Boucke stated that some customers were misunderstanding the purpose, seeing this as a rate increase instead of a "Drought Response". Director Baskin made the motion to approve the "Water Rationing Ordinance" for future implementation. Director Sapanai seconded the motion. The motion was approved by unanimous vote.

G.    GENERAL BUSINESS

  1. Discussion and possible direction to staff re: removal of the public's encroachments on the Districts water laterals and water meters. The General Manager explained the number of public encroachments and the results of the meetings he and Toby Bisson are having with property owners. Director Zell made a motion that the Board by consensus, direct staff to continue with the removal of private encroachments in the District's easements. The homeowners will need to reimburse the district field staff time if the meters are relocated.
  2. Discussion and possible direction to staff re: 2009/2010 District Operation and Maintenance Budget (Draft). The General Manager reviewed and explained the Draft 2009/2010 O&M Budget. Director Tye reviewed the Draft budget with the Board. He explained that this is the first cut for the Finance Committee. The Board had questions regarding; pension funds, insurance, and property tax. The Board agreed to continue the budgeting process. Director Sapanai requested a spelling correction legar to legal item #5195. The Board requested that the Finance Committee review the Tuition Reimbursement Program for District employees. The budget discussion will be continued at the May Board meeting.
  3. Discussion and possible direction to staff re: establishment of a Tuition Reimbursement Program for District employees. The General Manager explained that some employees were interested in furthering their education. Director Sapanai stated that this was useful for employees who wished to improve skills on the job. Director Baskin recommended a provision which states, "If the employee voluntarily terminates their employment within 12 months of the completion of the education for which they were given a tuition reimbursement payment, the employee must return all tuition reimbursement payments received, to the District". Director Tye stated that advanced education does benefit the individual and the individual then benefits the District.
  4. Discussion and possible adoption of an Identity Theft Prevention Program, a requirement of the Federal Trade Commission (FTC). The General Manager explained the Red Flag Rule to the Board. Director Tye made the motion to adopt the Identity Theft Prevention Program. Director Sapanai seconded the motion. The motion was approved by unanimous vote.
  5. Discussion and possible direction to staff re: direction to file a notice of intent to adopt a Mitigated Negative Declaration for the District's Steep Ravine Groundwater Well Project. Preauthorization of solicitation of bids from contractors to drill the Steep Ravine Groundwater Well. The General Manager explained the project to the Board. Director Baskin made the motion to direct the General Manager to file a "Notice of Intent to Adopt a Mitigated Negative Declaration" for the Steep Ravine Groundwater Well Project. Director Sapanai seconded the motion. The motion was approved by unanimous vote. Director Baskin made the motion to preauthorize the General Manager to solicit Bids from groundwater well drillers, when he determines the time is necessary and appropriate. Director Zell seconded the motion. The motion was approved by unanimous vote.

H.    MANAGER'S REPORT

The General Manager requested the Board approve his attendance at the ACWA 2009 Spring Conference. The request was approved by the Board.

I.    COMMITTEE REPORTS

Director Zell reported that the Personnel Committee met with the General Manager to discuss employee benefits for the FY 2009/10 Budget. Director Zell requested that the Board hold a closed session in May to discuss the General Manager's 2009/10 contract. The Board reviewed schedules for upcoming committee meetings.

J.    CORRESPONDENCE

None.

K.    ADJOURNMENT

President Boucke called for a motion to adjourn the meeting. Director Baskin made the motion. Director Zell seconded the motion. The motion was approved by unanimous vote. The meeting was adjourned at 11:52 a.m.

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