BOARD MEETING MINUTES

REGULAR MEETING
SATURDAY, JANUARY 16, 2010

A.    CALL TO ORDER/ROLL CALL

President Baskin called the Regular meeting of the Board of Directors of the Stinson Beach County Water District to order on Saturday, January 16, 2010 at 9:33 a.m., at the Stinson Beach Community Center located at 30 Belvedere Avenue, in Stinson Beach, California.

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

General Manager present:
Ed Schmidt

Staff present:
Denise Badstubner - Administrative Asst.

B.    PUBLIC EXPRESSION

Kenny Stevens, Fire Chief of Stinson Beach Fire Department, notified the Board of the upcoming storms, warning the District and residents that possible flooding could occur. In addition he announced that a West Marin Disaster Class will be held in Nicasio on Saturday and Sunday January 23rd & 24th. On behalf of the Stinson Beach Fire Department Chief Stevens asked the Board for permission to build a sign, "Welcome to Stinson Beach" at the corner of the Water District Property. President Baskin asked Chief Stevens to bring a design to the Board for review at the February 20th Board Meeting. President Baskin asked that this item be put on the February agenda.

C.    SETTING OF AGENDA

Director Sapanai moved to adopt the agenda as set. Director Zell seconded the motion. The agenda was adopted as set.

D.    PUBLIC HEARING

1. Discussion and possible direction to staff re: a Waiver Request. Applicant requests a waiver to Section 4.14.220 Use of Alternative Wastewater System Design for property located at 316 Seadrift Road, APN# 195-310-20, Acct# 6960, property owner, Arthur Patterson.
   The General Manager explained that the owners of 316 Seadrift Road have an 800 gallon redwood septic tank that appears to be leaking. Their discharge permit was revoked during October 2009. The owners are requesting a waiver to the Districts' requirements to utilize an alternative wastewater system design. If approved they would have certain conditions placed upon their septic system. A maximum daily waste water flow limited to 300 gallons, a Vericomm telemetry control panel, a maintenance contract with a District approved Service Provider, screening of all sewer roof vents, and following the permit, there will be quarterly inspections and testing for the 1st year.
   Troy Pierce explained to the Board that there is an existing house on the property. However this is a repair and replacement of the septic system.
   Director Sapanai made the motion to approve the Waiver. Director Boucke seconded the motion.
   Director Sapanai noted the Resolution should state the system is designed to accommodate a discharge limit of 300 gallons per day maximum, not 150 gallons.
   President Baskin called for the question. The motion was approved by unanimous vote.
2. Discussion and possible adoption of Ordinance 2010-01, Amending Ordinance 2007- 01 and revising and updating Regulations related to the protection of ground and surface water and the discharge of waste and wastewater within the District, and revisions to the standards of design, construction, replacement, and repair of individual sewage disposal systems, and the administration of said regulations and standards. (Title IV).
   President Baskin stated that for over 1 year, staff and members of the Board have been working diligently to update Title IV Regulations. The goal is to make amendments to meet current technology advances to allow for variations in how septic systems are designed and constructed. And also to clarify standards for the operation and installation of systems, and to clarify concepts such as habitable space, counting bedrooms, square feet etc.
   The General Manager reported to the Board that the process to revise Title IV has been ongoing since November 2008. On February 9, 2009, the draft of Title IV was sent to Mr. Blair Allen of the Regional Water Quality Control Board for his review. The District received a letter on December 31, 2009, from the RWQCB, approving the revisions to Title IV. The General Manager explained that if Title IV is adopted by the Board today, then the effective implementation date will be Tuesday, February 16, 2010. Notification ads were placed in the Marin I.J. and the West Marin Citizen.
   President Baskin thanked the Committee for all of their hard work.
   Director Sapanai moved to adopt Ordinance 2010-01. Director Tye seconded the motion. The motion was approved by unanimous vote.

E.    GENERAL BUSINESS

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).
   The General Manager stated that at the last meeting the Board voted to enter into the agreement in concept only. The General Manager reviewed the conditions from the December Board meeting. The 1st was to contact KWMR regarding access to the site. He contacted KWMR and they said they are not interested in the Steep Ravine Site. They are happy with the Bolinas location. The 2nd condition was semi-annual review of emissions and standards with testing to be paid for by Verizon. The 3rd condition was a limit of 20% of the FCC emissions regulations. The Board also wanted to see the photos and specifications of the Verizon equipment.
   Verizon's response was to agree to pay for the first three monitoring tests only. The following would be wording that could be used in the agreement drafted by Patrick Miyaki, this language could be added at the end of Section 2 USE, " Lessee agrees to reimburse the District for the costs to engage a consultant to conduct three tests to ensure that Lessee is complying with the FCC Standards. The maximum amount Lessee will pay to the District is Seven Hundred Fifty dollars ($750.00) per test (for a total of $2,250.00). Lessee must pay the District for the costs of conducting the tests within thirty (30) calendar days from the date the District provides Lessee with an invoice showing the costs incurred by the District for each test". Lastly, was the question to Verizon to limit the operation to less than the FCC Standards. Verizon stated they would never consider limiting their operation to less than the FCC Standards. They do not want to start a precedent. They are suggesting the following paragraph be added to the agreement, under Section 2 USE, "Lessee shall comply with all applicable radio frequency emission standards adopted by the federal government pertaining to radio frequency emissions ("Standards"). If Lessee receives notice from the federal government that Lessee is operating in violation of the Standards, Lessee shall bring its operations into compliance with the Standards within the cure period granted by the federal government. Should Lessee fail to do so, the District shall have the right to terminate this Lease on thirty (30) days notice to Lessee."
   Additionally, Mr. Miyaki is recommending that both paragraphs in Section 3 contain the phrase "indemnify the District, its officers, employees, and agents." President Baskin reviewed the comments of the last meeting, stating that in their presentation, Verizon had pointed out to the Board and to the members of the community that the Federal Standards were at a certain level and that Verizon emissions were low in comparison to the Federal Standards.
   Director Sapanai stated that since the last meeting the Board has received 3 letters from; Sandy Cross, Chris Herrington, and Mary Belle O'Brien. Director Sapanai stated that she appreciated their concerns with regard to the terms of the contract. However, she stated that she has faith and trust in the Districts attorneys who have a great deal of experience in public agency law, contract law, and dealing with telecommunication contracts. Director Sapanai stated she deferred to their expertise in this area and she did not have a problem with any of the terms and conditions as they are in the contract on a legal basis. Director Sapanai stated that she was sold on the notion by the Verizon Representatives that the emissions from the tower would be considerably less than the FCC standards. Director Sapanai stated that if Verizon is willing to say that the emissions will be less than the Federal Standards they should put it in writing.
   Director Zell wanted to clarify if the tree was 100 feet or 90 feet, the drawings clearly indicate 90 feet. Director Zell stated he disagreed with the Agreement stating that Verizon has the opportunity to leave at a moment's notice and the District would have no control. He felt Verizon had more control over the terms of the 25 year lease. Director Zell commented on the emissions limit. Director Zell disagreed with the length of the lease and frequency of testing. Director Tye stated he had no problem with the test options, the initial year and the renewal years if Verizon is held to the standards of the FCC.
   Director Baskin introduced Aaron Salars of Verizon. Mr. Salars reviewed comments from the Board at the last meeting. Mr. Salars stated that Verizon would pay for 3 tests only. The operation of their site will be well within the standard, and they will always operate well below the standards. Mr. Salars stated that the system used for the antenna is a low power system. Mr. Salars stated that Verizon would not enter into an agreement to allow a local jurisdiction to adjust FCC or other operating standards. He stated Verizon complies with the FCC standards. Mr. Salars stated that Verizon will commit to the FCC standards only, and will not accept lower standards. With regard to the Lease term, Verizon hopes to grow the market in this area and that takes time. Mr. Salars stated that if the Board does not vote for this agreement, Verizon will continue to look in the area for a site. He said that this site is an exceptional location, it is out of town, it serves the community and roadway well, and the money does not go to an individual it goes back into the community.
   President Baskin introduced members of the public.
   Sandra Cross commented regarding federal standards, emissions, and public safety standards.
   Chris Herrington stated his concerns were specific to sections of the draft Lease with regard to term, he felt it was longer than necessary. He felt that this agreement seems to be weighted heavily in favor of the lessee.
   Mary Belle O'Brien had concerns regarding the additional wording to the agreement being suggested by Verizon attorneys and not the Stinson Beach County Water District attorneys. She said that Verizon does not consider public exposure standards applicable at the Panoramic site. She felt the District was not securing a guarantee from Verizon regarding emission standards. She wanted the District to have Verizon guarantee the emission standards.
   Bruce Wachtell discussed EMF intensities using the Bolinas site as an example. He discussed the wattage comparison to the cell tower in Bolinas to that of TV channels from the San Bruno Mountain. He stated that the EMFs coming from your TV station are lower that those of a cell tower. Cell tower frequencies are very low compared to EMF from the TV antennas on San Bruno Mountain.
   Kenny Stevens stated his greatest concern is making communications a priority for Health and Safety. The cell tower will allow for a back up emergency system for this area.
   Pamela Lichtenwallner had concerns regarding the unsightliness of the tower. She said, "The tower is ugly as can be". She had concerns with regard to corporate vs. community in the decision making process, she did not want corporate or Verizon to take over the beautiful community of Stinson Beach.
   Director Sapanai made the proposal to continue the Public Hearing until the next meeting of the Board on Saturday February 20th. In the meantime the Board will propose to Verizon four points for further consideration. The items to be reviewed by Verizon in the meantime are as follows: 1) Limit the term of the agreement to 20 years, 2) Require inspections at the rate of 3 per 5 year term, paid for by Lessee, 3) If tests show greater emissions than the FCC standard the District will give Verizon 30 days to cure the problem with 30 days, or the District terminates the lease. 4) The tower is not to exceed 90 feet. The District also wants to see Verizon equipment pictures and specifications.
   By consensus of the Board, the Public Hearing regarding this matter will be continued at the regular Board meeting to be held on February 20th at 9:30 a.m.
2. Presentation of additional Stinson Beach groundwater information by Mr. Nick De Sieyes, Stanford University. Nick De Sieyes gave the Board a presentation regarding the study he is conducting on septic systems and submarine groundwater discharge at Stinson Beach.
3. Discussion and possible District Committee Membership changes by the Board President. President Baskin proposed that the Board keep the Committee assignments the same. The Board agreed.

F.    APPROVAL OF MINUTES

Director Tye made the motion to approve the minutes. Director Boucke seconded the motion. Director Sapanai asked that on page 3, line 37, add item #4, the Board requested Verizon consider inserting in the Lease that they would agree that tower emissions would not exceed 20% of the Federal Standard. President Baskin called for the question. The minutes were approved by unanimous vote.

G.    APPROVAL OF DISBURSEMENTS

Director Tye made the motion to approve disbursements for December 17, 2009. Director Boucke seconded the motion. Director Tye had a question regarding item # 17540 and asked if this item was a onetime cost or annual cost. The General Manager stated he would research the item and bring the answer back to the Board. Director Sapanai had a question regarding the Marin County Central Collections, Hazardous Waste Annual Permit. The General Manager stated he would research this item and bring the answer back to the Board. President Baskin called for the question. The disbursements were approved by unanimous vote.

H.    MANAGER'S REPORT

The General Manager informed the Board that the County has notified the District that it will receive $179,430 in excess ERAF funds this fiscal year. The first deposit of $98,687 (55% of total) has been deposited by the County this month. The remaining $81,257 will be deposited prior to the end of the fiscal year. The total received last fiscal year was $153,017. Budget for this year is $75,000.
The Board decided that dark green would be the color of the tanks replacing the 2 leaking redwood tanks at Black Rock.

I.    COMMITTEE REPORTS

None.

J.    CORRESPONDENCE

None.

K.    ADJOURNMENT

President Baskin called for a motion to adjourn the meeting. Director Tye made the motion to adjourn the meeting. Director Sapanai seconded the motion. The motion was approved by unanimous vote. The meeting was adjourned at 1:00 p.m.