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BOARD MEETING MINUTES

REGULAR MEETING
SATURDAY, DECEMBER 19, 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, December 19, 2009 at 9:42 a.m., at the Stinson Beach Community Center located at 30 Belvedere Avenue, in Stinson Beach, California.

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

General Manager present:
Ed Schmidt

Staff present:
Denise Badstubner - Administrative Asst.

B.    PUBLIC EXPRESSION

None.

C.    SETTING OF AGENDA

The Agenda was adopted as presented.

D.    PUBLIC HEARING

  1. Discussion and possible direction to staff to execute a communications site lease agreement with GTE Mobilenet of California Limited Partnership at the districts Steep Ravine Tank site on Panoramic Highway. (APN# 199-040-41). President Boucke introduced Peter Hilliard, and Aaron Salars of On Air LLC. President Boucke asked the General Manager to give a brief report. The General Manager stated that this was the third meeting regarding the Cell Tower discussion. The previous meetings were held on November 8, 2008 and January 19, 2009. Numerous letters and emails were presented at those meetings and since then as well. Since the distribution of the draft lease agreement, on November 23, 2009, we have received several additional emails, all of which are contained within the packet. The basis of the agreement is as follows: the location is the Steep Ravine Tank site on Panoramic Highway, the tower would be up to 100 feet tall. Verizon would like to lease 800 sq. feet for their ground equipment and 400 sq. feet for the tower base. The rent would be $2500 per month. The initial term is for five years with four, five year extensions. The annual rent increase would be 3% per year. Verizon would control the tower, and be responsible for getting appropriate permits, a Coastal Development Permit, and a Use Permit from the County. The General Manager announced the phone number of the Marin County Planning Department. The General Manager stated that the rental income could be used for operation and maintenance expenses or to complete capital improvement projects. The General Manager addressed the concern of asbestos pipe from some customers. He said there is no asbestos pipe in the area. There are three types of pipe in the area; iron, plastic and galvanized pipe. The General Manager reviewed the question of storage at the Steep Ravine site, saying, that there is one storage tank on the site, the District has a total of 1.26 million gallons of total storage available, which would allow 4 days of storage in the peak summer season and in the winter 7-9 days storage. No additional short term storage is needed. In addition, the District has applied for a Coastal Development Permit for a new well at the Steep Ravine site.
    The General Manager asked Mr. Hilliard how other carriers get onto the tower. Mr. Hilliard stated that to get on the tower it takes approval by Verizon; to get equipment on the ground it takes approval of the District. Therefore, for another company to use the tower, that company would have to have approval from both the District and Verizon.
    Director Zell asked if On Air LLC represented any other carriers and if there were any other site locations explored between here and Muir Beach. Mr. Hilliard said no. Director Zell then asked if all carriers have to have ground equipment. Mr. Hilliard said yes.
    The General Manager read the summary from the registered professional engineering firm, Hammett & Edison, Inc. who conducted an EMF estimate. " Based on the information and analysis above, it is the undersigned's professional opinion that the base station proposed by Verizon Wireless near Panoramic Highway in Stinson Beach, will comply with the prevailing standards for limiting public exposure to radio frequency energy and therefore, will not for this reason cause a significant impact on the environment. The highest calculated level in publicly accessible areas is much less than the prevailing standards allow for exposures of unlimited duration. This finding is consistent with measurements of actual exposure conditions taken at other operating base stations". 2.0% of the Federal Guidelines, 2.7% of the European Guidelines.
    President Boucke introduced members of the audience to speak to the Board.

    Pamela Lichtenwalner spoke regarding the zone of protection near cell towers.

    Mary Belle O'Brien spoke regarding the time frame in which the Verizon Draft Lease had been circulated. She felt it should have been circulated for a longer period of time. She had concerns regarding the water supply at the Steep Ravine site and the effect of constant exposure to electrical fields and the biological effects of physically conditioned water. She voiced her concerns regarding the property, room for storage, and Verizon's control over the property at the Steep Ravine site. She asked that the Board to take more time to listen to the community before signing the lease agreement.

    Judith Elliott discussed biomarkers of exposure to environments with high EMFs, setting limitations for exposure, people developing EMF sensitivities, electromagnetism and the affect to water, and the exposure to the mountain and habitat.

    Sandy Cross voiced concerns regarding the physical and biological effects of EMF's. She asked the Board to apply the precautionary principle and consider alternatives due to the significant health issues that have been discussed. She asked that the Board review the agreement with Verizon regarding limitations of frequency, monitoring of frequency levels, and the terms of the agreement with regard to the right of termination of the agreement.

    Judy Numerez from Mount Shasta region spoke regarding the creation of an infrastructure that encourages development, FCC Standards, concerns about the micro climate, affects on the animal species, and safety.

    Martin Cline asked the Board if they were going to submit a referendum to the entire community.

    Marion Weber had concerns regarding other antennas being added to the tower. She suggested that solar operated call stations would be a less toxic solution if they were installed along Highway One.

    Bruce Wachtell discussed the levels of EMF's under the antenna and their effect on buildings.

    Kenny Stevens thanked the Board for taking the time to listen to everyone's concerns. He stated his concerns were encumbrances and problems the Fire Department has with telecommunications when an emergency arises on Highway One south of Stinson Beach.

    Arno Penzias discussed the science of magnetic fields and electromagnetic waves. He discussed the intensity of the EMF's and the effect it has on water molecules. He stated that these EMF's would not adversely affect the water in the tank or a person walking in the area of the Cell Tower. Mr. Penzias stated he had 12 grandchildren, all who are precious to him, and he would have no problem hiking with them near the area of the Cell Tower.

    Director Sapanai made the motion to continue the Hearing until the next Regular meeting of the Board, and in this period of time the Board would review contract suggestions with Verizon. Director Tye seconded the motion. President Boucke called for the question. President Boucke took the vote by roll call. Director Tye - no, Director Zell - no, Director Baskin - no, Director Sapanai - yes, President Boucke - yes. The motion failed 3-2.

    Director Baskin made the motion to enter into an agreement with Verizon for the Cell Tower installation at the Districts Steep Ravine Tank site subject to a final review by the Board of the terms of the Lease agreement, and in particular, 1) having access on the tower for KWMR (Community Radio Station), 2) a periodic review by the Board of emissions and standards information, 3) the semiannual monitoring by the Board regarding frequency limitations. 4) Verizon to consider inserting in the Lease that they would agree that tower emissions would not exceed 20% of the federal standard. Director Tye seconded the motion. Director Tye called the question. President Boucke took the vote by roll call. Director Tye - yes, Director Zell - yes, Director Sapanai - yes, Director Baskin - yes, Director Boucke - yes. The motion was approved by unanimous vote.
  2. Election of District Board President and Vice President for 2010. The Board, by unanimous vote elected Larry Baskin, President of the Board and Scott Tye, as Vice President of the Board for the 2010 term.

E.    APPROVAL OF MINUTES

President Boucke made the motion to approve the Minutes for Saturday, November, 28, 2009. Director Baskin seconded the motion. The motion was approved by unanimous vote.

F.    APPROVAL OF DISBURSEMENTS

Director Sapanai made the motion to approve the disbursements for December 2, 2009. Director Tye seconded the motion. The motion was approved by unanimous vote.

G.    MANAGER'S REPORT

The General Manager asked the Board if there were any questions regarding his report. Having none, the Board moved on to the Committee Report.

H.    COMMITTEE REPORTS

President Boucke appointed Director Sapanai and Director Zell to the Ad Hoc Water Reliability and Water Efficiency Committee.

I.    CORRESPONDENCE

None.

J.    ADJOURNMENT

President Boucke called for a motion to adjourn the meeting. Director Baskin made the motion to adjourn the meeting. Director Sapanai seconded the motion. The motion was approved by unanimous vote. The meeting was adjourned at 12:20 p.m.

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