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BOARD MEETING MINUTES

REGULAR MEETING
SATURDAY, FEBRUARY 20, 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, February 20, 2010 at 9:30 a.m., at the Stinson Beach County Water District office, located at 3785 Shoreline Highway, Stinson Beach, CA 94970.

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 Assistant

B.    PUBLIC EXPRESSION

None.

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 Variance Request for the on-site septic system located at #85 Buena Vista Avenue, APN# 195-193-19, Acct# 3570, property owner, Barbara Fedun.
    Rich Souza, District Engineer explained that this application was reviewed by the Wastewater Committee, and comments were received from the Regional Water Quality Control Board. Notifications to adjacent property owners were sent out on February 1st. We received one comment letter back from a neighbor. He was questioning the ability to treat wastewater and threats to public health with regard to the size of the property. Mr. Souza stated that the old system had a redwood tank which was leaking and that the original leach field was on an adjacent property.
    Rich Souza stated that the applicant is proposing a septic system design which includes a 1500 gallon fiberglass septic tank, Advantex recirculating filter, UV disinfection unit, 30-inch diameter pump chamber, and a single drip dispersal field. The maximum daily wastewater discharge is 75-gallons. A variance is required to Section 4.19.010 - Use of Alternative Wastewater System Design, Section 4.15.121 - Soil Depth, and Section 4.15.100 - Site Criteria.
    Director Sapanai requested the Resolution state that this new system will not justify any increase in square footage.
    President Baskin requested adding the following language to the Resolution; "Approval hereof may not be used to justify, or be the basis for a future request to allow expansion of the habitable space of the residence on which this variance is based".
    Director Zell made the motion to approve the Variance Request with the addendum for the on- site septic system located at #85 Buena Vista. Director Boucke 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 this was the 5th meeting regarding this matter since 2008. Since the Board meeting last month, the District has received correspondence from only Mary Belle O'Brien.
    At last month's Board meeting, Director Sapanai made the proposal to continue the item to this Board meeting and asked Verizon to consider four points for further consideration. These points were; 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 the Lessee, 3) If tests show greater emissions than the FCC standard the District would give Verizon 30 days to cure the problem within 30 days, or the District could terminate the lease, 4) the tower is not to exceed 90 feet. The District also wanted to see equipment pictures and specifications. Verizon agreed to the changes except the equipment list. It was difficult for them to get a full equipment list and specifications. They agreed to limited the EMF's to 10% of the FCC standards. Verizon proposed limiting the EMF's in lieu of providing an equipment and facilities list.
    The General Manager explained the recommended changes from District legal counsel. 1) The definition of "Standards" should be linked to the not to exceed 10% standard. 2) Verizon should have to pay for a retest to make sure it has corrected the violation and to confirm that Verizon is operating in compliance with the "Standards". 3) Had to do with the timing of the signing of the lease. Verizon has agreed to 1 & 2, but not 3.
    The General Manager asked the Board to review the redline version of the Lease. President Baskin asked the Board for comments on this topic.
    Director Boucke asked if there were any other changes in the draft Lease. President Baskin stated there were some changes to pg. 2, indemnity clause, permits, officers, employees, agents, pg. 3, reimbursements for litigation expenses, the term, and the tower would not exceed 90 feet.
    Director Sapanai stated that she appreciated the fact that the District has had so much community input regarding this matter. Director Sapanai stated that there was erroneous correspondence sent out to the community by Mary Belle O'Brien. Director Sapanai said that there were two issues that were misleading and incorrect in the correspondence. First, District legal counsel is NOT accepting payment from Verizon for legal fees connected to the lease. The District is paying and has paid the legal fees connected with the lease. Director Sapanai said, that the lease states that Verizon will be reimbursing the District for the legal fees caused by Mary Belle O'Brien's lawsuit against the District. Secondly, Director Sapanai stated that the following sentence in the correspondence from Ms. O'Brien was clearly incorrect, "Verizon expects the District to be satisfied with a statement that their equipment will exceed FCC emission standards by only 10%". Director Sapanai stated this was not a statement; it is part of the agreement, and the emission standards will be 10% OF the legal standards. Not 10% more.
    Director Sapanai again thanked the community for all of the help provided.
    Having no other Board members with questions or statements, President Baskin opened the topic for the members of the audience.
    Sandy Cross stated that she was delighted with the agreement and thanked the Board for their patience, hard work, and for being bold enough to require the limitations and changes from Verizon.
    Marion Weber asked about the provisions of testing the EMF standards of subsequent users.
    Mary Belle O'Brien had concerns regarding the reimbursement that Verizon would pay for the case brought against the District.
    Bruce Wachtell stated that it was commendable of the District to pursue this matter with openness, transparency, and a thorough investigation. He stated the District has done an excellent job with respect to the contract with Verizon. The District has maximized the benefits and protected the interests of the community.
    Director Tye made the motion to approve the proposed communications site lease agreement with GTE Mobilenet of California, dba, Verizon Wireless, # 9155254.7. Director Sapanai seconded the motion. The motion was approved by unanimous vote.
  2. Discussion and possible direction to staff regarding: a Water Use Charge Reduction Request from Mr. Lawrence A. Baskin for property located at 33 Calle Del Sierra, Acct # 0290.
    President Baskin introduced himself as the trustee to the above property. President Baskin recused himself from the Board and sat in the audience. Vice President Tye took over the meeting. The General Manager reviewed the matter with the Board. He stated that Mr. Baskin is the trustee of the property located at 33 Calle Del Sierra and is requesting a 50% Water Use Charge Reduction. The high bill was caused by someone leaving a hose running. The General Manager stated that he was unable to approve this water use reduction because the request was not submitted to the District within the required 90 days, and because there was no supporting documentation of a water leak repair.
    Director Zell stated after review of the Resolution to grant reductions, there was nothing provided that would allow a reduction be granted in this case. Director Sapanai stated that the Resolution states; "failure to turn off water supplies there shall be no reduction", making it clear that the Board cannot grant a reduction in this case.
    Director Zell made the motion to deny the request because it is outside the regulations set forth in the resolution. Director Sapanai seconded the motion. The motion was denied by unanimous vote.
  3. Discussion and possible direction to staff regarding; a Water Use Charge Reduction Request from Ms. Marion Weber for her property located at 7250 Panoramic Hwy., Acct# 4040.
    The General Manager stated Ms. Weber had submitted the appropriate documentation, including repair receipts, and she was offered a 50% reduction. Ms Weber declined the 50% reduction; she wanted 100% and asked that the matter come before the Board.
    Ms. Weber asked the Board to refund 100% of her water bill due to the fact that the leak was a broken main line, and she had no idea it was leaking. In addition she acted promptly in getting the repairs done and they were quite costly. Ms. Weber stated that a broken main line underground is different than leaving a hose running; a broken line cannot be detected until the water bill arrives.
    President Baskin told Ms. Weber that in fact she does qualify for relief; however, the Board is limited by the rule of the Resolution, not to exceed a 50% reduction.
    Director Boucke made the motion to grant a 50% reduction of the combined prior two bills. Director Sapanai seconded the motion. The motion was approved unanimously.
  4. Discussion and possible direction to staff regarding a revised proposal from Todd Engineers for a Stinson Beach Hydrologic Survey Phase 2.
    The General Manager explained that this topic is carried over from the October 17, 2009 Board meeting. Per the Boards' direction at that meeting, Todd Engineers was asked to reduce the cost for their previous proposal of 347K, by reducing the number of monitoring wells, down to 5. The goal was to reduce the cost significantly, as long as the projects integrity would not be compromised. He stated their recent proposal does not accomplish that goal. They have divided the work into 2 phases. The cost for Phase II A is $126,277. The General Manager asked the Board to refer this proposal to the Water Operations Committee. The General Manager stated that there are several ongoing Capital Improvement projects underway, including the Treatment Plant construction. The General Manager asked the Board if the Hydrologic Survey could wait until the Treatment Plant project was completed approximately 8- 10 months.
    Director Tye stated that this project was brought back to the Board to get a cost analysis for 2010. Director Tye stated that this survey could be put off until later but it should be made ready in the event the costs can be shared by others interested, or it could become a stimulus project, if it were shovel ready.
    Director Sapanai stated that this was a seriously important project, but agreed with Director Tye that the project should be ready to go whenever the moment arises, especially if the opportunity should arise that we could partner with another entity, or when some grant money becomes available. Director Sapanai stated this project should be ready and kept as a priority. But do not implement it yet.
    The Direction of the Board by consensus was that this matter should be referred back to the Water Operations Committee to be kept on the priority list.
  5. Discussion and possible direction to staff, to clarify and revamp the Districts Lifeline Water Rate Program.
    The General Manager explained that the present program has been going on since the late 70's. On Oct 17, 2009 the Board expressed a desire to consider income criteria, rather than the existing criteria. Director Sapanai stated that there were several meetings regarding this matter because it was obvious that the Lifeline Program needed to be updated. Director Sapanai requested that this item go back to the Lifeline Water Rate Committee for more review. The Board concurred.

F.    APPROVAL OF MINUTES

Director Sapanai made the motion to approve the minutes. Director Boucke seconded the motion. The minutes were approved by unanimous vote.

G.    APPROVAL OF DISBURSEMENTS

Director Sapanai made the motion to approve the disbursements for January 13, January 27, and February 10, 2010. Director Zell seconded the motion. The disbursements were approved by unanimous vote.

H.    APPROVAL OF QUARTERLY FINANCIAL REPORTS

The General Manager stated that the Finance Committee reviewed these reports at their recent meeting. Revenues are slightly above budget and expenses are at budget.

I.    MANAGER'S REPORT

The General Manager gave a brief explanation of the Educational Revenue Augmentation Fund (ERAF). He stated that all tasks on the task list have been completed.
The General Manager pointed out that he had attached a copy of a Draft of the "Initial Study" for the Steep Ravine Well Site. Once we get the response from the Federated Indians of Graton Rancheria (Miwok Tribe) we will have Ray McDevitt review the Initial Study.
Kenny Stevens will be presenting the "Town Sign" to the Board in March.
The General Manager requested direction from the Board to hire Dennis Daugherty, from the Nicolay Consulting Group, to complete the "GASBY 45 Statement." The Board approved the request to hire Dennis Daugherty.

J.    COMMITTEE REPORTS

None.

K.    CORRESPONDENCE

None.

L.    ADJOURNMENT

President Baskin called for a motion to adjourn the meeting. Director Sapanai made the motion to adjourn the meeting. Director Zell seconded the motion. The motion was approved by unanimous vote. The meeting was adjourned at 11:25 a.m.
The next meeting will be held on Saturday, March 20, 2010 at 9:30 a.m.

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