SBCWD BOARD MEETING MINUTES


REGULAR MEETING
SATURDAY, MARCH 18, 2006

A.    CALL TO ORDER/ROLL CALL

President Scott Tye called a Regular meeting of the Board of Directors of the Stinson Beach County Water District to order at 9:30 a.m. on Saturday, March 18, 2006, at the District Office located at 3785 Shoreline Highway in Stinson Beach, California.

Directors present:
Scott Tye, President
Elizabeth Sapanai, Vice President
Joe Veit, Director
Jim Zell, Director

Directors absent:
John Gilbert, Director

Treasurer present:
Barbara Boucke

Staff present:
Richard Dinges, General Manager/Secretary to the Board
Raven Schauf, Recording Secretary
Richard Souza, District Engineer

B.    PUBLIC EXPRESSION

Mr. Scott Tye, as a member of the public, stated that the World Water Forum is currently being held in Mexico City, and informed the Board that a representative from Japan had stated that water is an endangered species, and that a person living in the third world uses an average of 4 gallons of water per day.

C.    MANAGER'S REPORT

Mr. Dinges stated that the District is still currently applying for a grant and would be receiving further application materials.

D.    SETTING OF AGENDA

Motion to adopt the agenda as presented made by Director Sapanai, seconded by Director Veit, agenda adopted by unanimous vote.

E.    APPROVAL OF MINUTES

Motion to approve the February 8, 2006 minutes with amendment made by Director Sapanai, seconded by Director Veit, approved by unanimous vote.
Motion to approve the February 25, 2006 minutes, made by Director Veit, seconded by Director Sapanai, approved by unanimous vote.

F.    APPROVAL OF DISBURSEMENTS

The Board requested that vehicle expenses be closely monitored for possible cost reductions and that comparison shopping be conducted to reduce those costs. Motion to approve the February, 2006 disbursements made by Director Veit, seconded by Director Sapanai, approved by unanimous vote.

G.    PUBLIC HEARING

  1. Adoption of Resolution WW-2006-01 Granting a Variance Request for Property Located at 18 Avenida Farralone, AP#1 195-111-05, Dennis Fitzpatrick, Owner: Mr. Dinges summarized the Manager's Report recommending adoption of the Variance Resolution. Director Sapanai stated that there is apparently a misconception regarding the District's role in restricting water use versus restricting square footage. Ms. Sapanai clarified that the District's role is to review variance applications if the applicant is requesting water use outside the Code limit. Director Sapanai stated that she did not feel the requirement to have the square footage verified by a licensed architect was necessary and suggested that less costly entities, such as a building designer or appraiser, could be used for verification purposes. Mr. Dennis Fitzpatrick stated that the application had been originally submitted under the previous Title IV Code. Mr. Paul Pospisil, engineer for the applicant, stated that the trench parameters had changed under the new Code. Mr. Souza stated that the plans would have to be redesigned under the new Code but that there was no significant difference in the application under the new or old Code. Mr. Fitzpatrick asked the Board if all applicants were required to limit square footage and to install low- flow plumbing fixtures. Director Tye replied that there were currently no septic system as-built plans on file for the existing dwelling and that was why the District was asking for verification of square footage and that all applicants were required to install low-flow plumbing fixtures. Motion to adopt Variance Resolution WW-2006-01, allowing a 400/600 gpd system and eliminating the General Manager's Report requirement #2, made by Director Sapanai, seconded by Director Veit, adopted by unanimous vote.
  2. Adoption of Resolution WW-2006-02 Granting a Variance Request for Property Located at 7105 Panoramic Highway, AP# 195-231-10, Michael Korchinsky and Linda Hanson, Owners: Director Sapanai recused herself due to the fact that her property is within 500 feet of the applicant's property. Mr. Dinges summarized the Manager's Report recommending adoption of the Variance Resolution and stated that a water main line extension agreement was also a proponent of this application. Mr. Veit stated that he took issue with the fact that the applicant was threatening legal action as indicated in his letter dated March 1, 2006. Director Zell agreed that if the applicant chose a litigious route, that the District would be willing to reciprocate. Mr. Dinges stated that the applicant had originally designed a system for a much larger house and that the current Title IV Code required a variance. Director Zell questioned if the applicant was willing to continue with the variance application at this time. Mr. Korchinsky, applicant, stated that the process had been frustrating because at one point the system had been approved, that construction had started, that the permit expired in March of 2005, and that he had not been notified when the new Code had been adopted in July of 2005. Mr. Korchinsky further stated that he did not appose the conditions set forth by the District and expressed concerns regarding the Black Rock fire-flow loop costs being charged to him. Mr. Dinges clarified that Mr. Korchinsky would only be paying fees for the waterline extension to his property. Director Tye clarified that no construction had begun at the property that no District construction permit was ever issued for that property, and that there had been some inappropriate ground preparation only. Mr. Korchinsky responded that a septic system intercept trench had been installed and that the V ditch had been badly done. Mr. Korchinsky suggested that the section of the Code regarding design flow be reworded for clarification. Mr. Dinges stated that the variance resolution conditions included installation of low-flow plumbing fixtures, a backflow prevention device, a monitoring well, a telemetry system, and a water line extension. Motion to adopt Variance Resolution WW-2006-02, made by Director Veit, seconded by Director Zell, adopted by unanimous vote.

H.    GENERAL BUSINESS

  1. Denial of a Water Use Reduction Request for Property Located at 232 Seadrift Road, AP# 195-331-14, Seadrift LLC, Lewis Finn, Owners: Mr. Dinges summarized the Manager's Report recommending that the request be denied. Director Tye stated that there was very little investigation on the part of the owner. Director Sapanai stated that the owner did inspect the lines and installed filters. Motion to deny the request made by Director Sapanai, seconded by Director Veit, denied by unanimous vote.
  2. Review of Resolution WW-2005-03 Item "i" and Portable Toilet Permit Request for Property Located at 15 Calle del Mar, AP# 195-192-07, George and Joanne Hasler, Owners, Jeffrey Trotter, Agent: Mr. Dinges stated that he requested that the designated agent for the property, Mr. Trotter, update the Board on item "i" of Resolution WW- 2005-03 stating "Owner/applicant must submit plans to bring the system to District Code standards to include conditional use prior to April 30, 2006". Mr. Jeffrey Trotter, designated agent, stated that he had attended the June, 2005 Board meeting and had asked if the current Code would allow for application for five or six portable toilets during a performance season. Mr. Trotter stated that at that meeting Mr. Dinges had said that the fee had not been set and that the Code section would probably apply to Shakespeare at Stinson. Mr. Trotter stated that he had reviewed the temporary toilet application and that he had received District correspondence stating that, after ten years, SAS would no longer be considered temporary use. Mr. Trotter stated that SAS is not allowed to put any permanent structures within 100 feet of the riparian habitat, although that is where the permanent toilets are located. Mr. Trotter stated that he assumed that the SBCWD was aware that the County and the environmentalists had agreed that SAS should utilize temporary toilets. Mr. Trotter stated that he had paid various County permit fees.
    Director Sapanai clarified that the temporary toilet fees paid in October of 2005 were for last seasons permitting and not for future permitting. Director Sapanai further stated that there had been several un-permitted uses at the SAS facility within the last year. Director Sapanai clarified that temporary toilets are not a good solution for what has become a permanent business. Director Sapanai also stated that technology currently existed which would allow for changes to the septic system. Director Sapanai stated that it was disingenuous for Mr. Trotter to state that this was "new" information considering that the Board had been discussing the septic system issues and time limits for a very long time.
    Director Tye stated that Mr. Trotter had also requested that this issue be reviewed at this meeting. Director Tye stated that a letter had been received from SAS dated February 16, 2005 requesting a three year extension through October, 2008, and at that time the District had conducted a thorough historical review.
    Director Zell stated that the property owner had failed to come forward with a proposal to conform with District Policy in order to accommodate SAS and that continually permitting temporary toilets does not put any pressure on the owner to comply. Director Zell stated that Mr. Trotter should carry the message to Mr. Hasler that he is up against deadlines and should hire someone to investigate how the system will be upgraded. The Board directed Mr. Trotter to carry the message to Mr. Hasler and Mr. Trotter confirmed that he would.
    Director Veit stated that he had reviewed minutes in which Mr. Hasler was concerned about SAS going out of business but that it did not appear that was going to happen, and that use of temporary toilets in perpetuity is not allowed under District Code.
    Mr. Dinges stated that the septic system had recently failed and although repairs had been made, the system may be due for replacement or modification in the near future. Mr. Dinges stated that he had hoped Mr. Trotter would have come to the Board to confirm that investigations were beginning to upgrade the septic system but that in fact the opposite was true.
    Mr. Trotter stated that there had been a past conflict between the District and the County regarding whether or not SAS was in compliance.
    Mr. Dinges clarified that the only compliance issue with the County that he was aware of was traffic control and that the County had confirmed that SAS had paid the fees but could not explain why there was no actual traffic control.
    The Board discussed un-permitted use at the SAS facility such as the "Beach Blast". Mr. Trotter stated that SAS was permitted for one day of community use per week and that he had authorized Ms. Scott to make a request to the Board but that she did not represent SAS.
    Director Sapanai stated that the Board had authorized that use on the condition that the County was informed and that the County had not been informed and that Mr. Trotter was ultimately the responsible party. Director Sapanai stated that she agreed with Director Zell's comments and that Mr. Hasler should respond to the District with a firm date as to when an engineer will be consulted to upgrade the system.
    Mr. Trotter stated that he did not think Mr. Hasler would have any difficulty coming up with septic system plans and requested that the record reflect that the permanent bathrooms had been removed from the riparian habitat one year in advance of the deadline and that SAS had come close to meeting other County deadlines.
    Director Zell stated that the past is the past and that the Board must move forward to come to resolution and that it was Mr. Hasler's responsibility to comply with District Code. Director Sapanai stated that it is the property owner who is required to provide an adequate septic system. Director Sapanai further stated that failure to act on the part of Shakespeare at Stinson and Mr. Hasler does not become the District's emergency.
  3. Continuation of the Draft Urban Water Management Plan: The Board continued this item by consensus.
  4. Review of Employee Matters: The Board agreed by consensus that this item should be heard under General Business Open Session. Treasurer Boucke asked for clarification regarding her role as a member of the Personnel Committee. The Board directed staff to notify Ms. Boucke of all Personnel Committee Meetings. Director Zell stated that the Personnel Committee had discussed job descriptions, job classifications, and District-comparative employee data. Director Zell stated that the Committee discussed the need for employees to remain local and the increasing costs of benefits. The Board discussed the importance of keeping Meet and Confer issues as transparent as possible and to have as much Board input as possible. Director Veit stated that there would be more information submitted from PERS regarding the retirement plan, and that the District has to remain fiscally responsible to ensure a sustainable program. The Board discussed benefit options including the pros and cons of cafeteria plans. The Board directed staff to generate reports capsulizing wage and benefit options.

I.    COMMITTEE REPORTS

The Board directed all Committees to meet in April. The Board scheduled the April Workshop meeting on April 5th at 5:00 p.m. and the Regular Meeting on April 15th at 9:30 a.m.

J.    ADJOURNMENT

Motion to adjourn made by Director Zell, seconded by Director Veit, meeting adjourned at 11:50 a.m. by unanimous vote.




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