SATURDAY, MAY 20, 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, May 20, 2006, at the District Office located at 3785 Shoreline Highway
in Stinson Beach, California.
Scott Tye, President
Elizabeth Sapanai, Vice President
John Gilbert, Director
Joe Veit, Director
Jim Zell, Director
Richard Dinges, General Manager/Secretary to the Board
B. PUBLIC EXPRESSION
Mr. Robert Guider, of 200 Buena Vista Avenue, stated that he continues to have low water pressure at his
residence and questioned why the situation has not been remedied by the District. Mr. Dinges stated that the
materials for the repair had been ordered.
C. MANAGER'S REPORT
Mr. Dinges stated that the Water Treatment Plant bid documents would be completed by the end of May, that the
Lincoln waterline replacement would begin on Tuesday and that Todd Engineers was beginning the second
application for Grant Funds. Mr. Dinges stated FEMA had approved funding in the amount of $37,500 for
replacement of the suspension bridge and that repair of the Stinson Gulch road and culvert will be a cooperative
effort with the State Park. Mr. Dinges stated that he attended the ACWA/JPIA conference in Monterey and that
Mr. Toby Bisson had received an award for the Emergency Equipment Box Project.
Director Sapanai asked when the District trucks would go out for bid. Mr. Dinges stated that they would be up for
bid in June.
Director Veit asked why the Stetson Engineers contract did not go out for bid and asked if any clarification had
been received regarding JPIA coverage. Mr. Dinges clarified that a bid was not necessary because Stetson had
already engineered plans for those sites and that underground pipelines are not covered under JPIA; however,
the pipe bridge maybe covered in the future.
D. SETTING OF AGENDA
Motion to revise the agenda, moving items 3,6 and 4, ahead of item 1, made by Director Sapanai, seconded by
Director Veit, agenda revised by unanimous vote.
E. APPROVAL OF MINUTES
Motion to approve the April 5, 2006 minutes with amendments made by Director Sapanai, seconded by Director
Gilbert, approved by unanimous vote.
Motion to approve the April 15, 2006 minutes with amendments, made by Director Sapanai, seconded by Director
Tye, approved by unanimous vote.
F. APPROVAL OF DISBURSEMENTS
Motion to approve the April, 2006 disbursements and the submitted Board compensation requests made by
Director Sapanai, seconded by Director Zell, approved by unanimous vote.
G. PUBLIC HEARING
Adoption of Resolution WW-2006-05 Directing the Immediate Abatement of a Nuisance Located at 136 Buena
Vista Avenue, AP# 195-174-13, Nancy Olin, Owner: Mr. Dinges summarized the Manager's Report stating that
the owner had complied with all requests and had contacted a designer. Ms. Olin stated that she is currently
attempting to comply. Director Sapanai stated that adoption of this resolution was a procedural matter. Motion to
adopt Abatement Resolution WW-2006-05 made by Director Veit, seconded by Director Gilbert, adopted by
Discussion of Easement Agreement for Properties Located at 107 Buena Vista Avenue, AP# 195-191-31,
Sarah Folsom and Paul Lesniak, Owners, 111 Buena Vista Avenue, AP# 195-191-09, Steven Segal, Owner, and
119 Buena Vista Avenue, AP# 195-191-06, Audrey E. Mull Family Trust, Owner: Mr. Dinges summarized the
Manager's Report stating that the Legal Committee had met to review the easement situation and that the owners
will be filing an agreement between themselves eliminating the need for an easement agreement with the District.
Mr. Dinges requested that the property owners submit a copy of their agreement to the District. Mr. Dinges stated
that the original Resolution would be amended in June. Ms. Folsom asked if the agreement had to be reviewed by
the District prior to signature. Director Sapanai stated that no prior review would be necessary.
Adoption of Resolution WW-2006-06 Directing the Abatement of a Nuisance Located at 75 Buena Vista
Avenue, AP# 195-193-19, Michael Garsva, Owner: Mr. Dinges summarized the Manager's Report stating that the
owner had indicated that he needed additional time to submit plans. Director Sapanai recommended a 45 day
deadline to submit plans. Mr. Garsva stated that he had contacted Mr. Barry Ruderman regarding submittal of
plans. Motion to adopt Abatement Resolution WW-2006-06 made by Director Sapanai, seconded by Director Zell,
adopted by unanimous vote.
Review of Variance Application for Property Located at 6976 Panoramic Highway, AP# 195-233-09, Robert
Belli, Owner, Robert Finn, Agent: Mr. Dinges summarized the Manager's Report recommending continuation of
this item. Director Sapanai stated that the neighbor notification process has to be reviewed and revised. Director
Tye clarified that the issues which needed further clarification were the bifurcation of the existing system, the
integration of the systems, the setback to driveway, and engineering issues. Director Tye stated that this
application was an addition to an existing system, not necessarily an application for a new system. Director
Sapanai requested that the property history be further defined. Director Veit questioned who had decided to
continue this item and stated that it appeared that the District was responsible for failing to address some of the
application issues. Director Tye stated that the Wastewater Committee had made the decision to continue the
item and that the Committee had unfortunately caught these discrepancies late in the process. Motion to continue
the item to June made by Director Gilbert, seconded by Director Veit, continued by majority vote, Tye, Gilbert, Zell
Veit for, Sapanai, abstain.
Adoption of Waiver Application for Property Located at 134 Seadrift Road, AP# 195-041-39, Hao Trust, Owner,
Kenneth Hao, Trustee: Mr. Dinges summarized the Manager's Report recommending adoption of the resolution.
Director Sapanai stated that the requirement to obtain a maintenance agreement approved by or with the
Advantex/Orenco system distributor should be included on the Resolution as a condition for approval. Motion to
adopt Waiver Resolution WW-2006-07 including a maintenance agreement condition made by Director Sapanai,
seconded by Director Zell, adopted by unanimous vote.
Adoption of Resolution WW-2006-08 Directing the Abatement of a Nuisance Located at 187 Dipsea Road, AP#
195-320-76, Robert and Juliann Temer, Owners: Mr. Dinges summarized the Manager's Report stating that the
District had not received comments or plans from the County. Director Sapanai stated that a "sun room" would
not be considered conditioned space by the District. Treasurer Boucke questioned if the additional space above
the garage was permitted and indicated on the plans. Mr. Dinges responded that the square footage is unknown
at this time. Director Zell stated that the abatement process would help to clarify square footage issues and stated
that District staff should accompany the County during their inspections. Motion to adopt Abatement Resolution
WW-2006-08 made by Director Zell, seconded by Director Gilbert, adopted by unanimous vote.
Adoption of Resolution GB-2006-05 Authorizing the Execution of a Contract with Stetson Engineers, Inc.: Mr.
Dinges summarized the Manager's Report. Director Tye stated that all of the engineering costs will not be
reimbursed by FEMA. Director Tye requested that a clause be included in the contract stating that the costs will
not exceed $36,200. and clarifying that this amount was only an estimate and that the actual cost may be less.
The Board directed Mr. Dinges to prepare a report which lists all current and proposed contracts and clarifies task
contracts and costs. Director Tye clarified that FEMA would only reimburse for projects that were engineered to
FEMA approved engineering standards and that FEMA denied some of the District's requests to make repairs in-
house. Motion to adopt contract resolution GB-2006-05 made by Director Veit, seconded by Director Gilbert,
adopted by majority vote, Sapanai, Zell, Gilbert, Veit in favor, Tye, abstain.
Adoption of Resolution GB-2006-06 Proposing an Election be Held and Consolidated with the County Election:
Motion to adopt Election Resolution GB-2006-06 made by Director Sapanai, seconded by Director Gilbert,
adopted by majority vote, Sapanai, Veit, Tye, Gilbert for, Zell, against.
Adoption of Resolution WW-2006-09 Granting a Temporary Toilet Permit for Property Located at 15 Calle del
Mar, AP# 195-192-07, George and Joanne Hasler, Owners, Jeffrey Trotter, Agent: Mr. Dinges stated that the
District had received a copy of the Shakespeare at Stinson 2004 tax return, a copy of a contract between a
pumping service and SAS stating that pumping would be performed weekly on each toilet and that removal of
temporary toilets within 48 hours would be enforced if demanded by the SBCWD, and a check for $500. Director
Sapanai stated that the proposed resolution contained a revocation clause determined by the applicant's
compliance with the timeline. Director Veit stated that the letter signed by Mr. Hasler did not appear to resolve any
issues. Director Sapanai clarified that the letter allows Mr. Winton (SAS legal counsel) to represent Mr. Hasler in
discussion but cannot bind Mr. Hasler to anything. Director Sapanai further clarified that it is the owner's
responsibility to ensure that the wastewater system is in compliance with District Code and that submittal of plans
will require Mr. Hasler's approval. Director Veit stated that Mr. Hasler had not provided any evidence of
compliance to date. Director Tye stated that Mr. Winton had previously stated that Mr. Trotter was not acting as
Mr. Hasler's agent and had stated that Mr. Hasler's written consent would be required for any wastewater system
improvements. Director Tye requested that the resolution include a clause which requires Mr. Hasler's signature.
Mr. Trotter stated that he was waiting for his counsel to arrive for this hearing and that he had requested a copy of
Director Tye stated that the timeline was included in the resolution.
The Board agreed by consensus to hold the item until the appearance of Mr. Winton.
The Board returned to this item upon Mr. Winton's arrival.
Director Tye summarized the discussion to this point for Mr. Winton's clarification. Director Tye reiterated for Mr.
Winton, that the deadlines in the resolution must be adhered to or the permit will be revoked.
Director Tye stated that Mr. Winton had previously advised the Board at the April 5, 2006 Workshop Meeting that
Mr. Trotter can not act as Mr. Hasler's agent and that Mr. Hasler's written consent would be required for any
wastewater system issues.
Mr. Winton questioned why the applicant was required to provide proof of payment to the chemical toilet agency.
Mr. Winton stated that he would provide clarification regarding the clause in the Mill Valley Refuse contract
referring to removal of the units providing that the account is current.
Director Sapanai clarified that the August 15, 2006 deadline refers to completion and submittal of design and
equipment specifications. Director Tye stated that those designs and specifications would be the result of the
contracts required by June 2, 2006.
Motion to adopt Resolution WW-2006-09 made by Director Veit, seconded by Director Tye, approved by majority
vote, Sapanai, Zell, Gilbert and Veit for, Tye abstain.
H. GENERAL BUSINESS
Review of District Candidate Statement Policy: Mr. Dinges summarized the Manager's Report. The Board
agreed by consensus that no changes would be made to the current policy.
Review of Initial Draft Fiscal 2006-2007 Budget: Treasurer Boucke stated that the draft budget included
figures related to personnel which were not yet approved but which were included to give a general concept for
budget purposes and stated that the Finance Committee had met to review the draft budget line by line.
Treasurer Boucke requested that the Capital Improvement Budget be drafted for comparison. Mr. Dinges stated
that this will be the second year with rate increases in affect, that the backflow program has increased revenue,
and that projected contract services expense had increased. Treasurer Boucke stated that, as in the past, the
property tax would cover the deficits in the water and wastewater funds.
J. COMMITTEE REPORTS
Director Gilbert, of the Personnel Committee, stated that he had met with the employees and that the original
proposal by the Personnel Committee, taking away the SDI and Medicare reimbursement still stood and that the
counter-proposal submitted by the employees to had been considered by the Personnel Committee and denied.
Director Zell, of the Garbage/Recycling Committee, stated that the Resource Recovery Project was requesting
additional contributions from those entities which originally contributed to the project and that he had confirmed
that the District would consider a contribution.
I. CLOSED SESSION/RETURN TO OPEN SESSION
Review of Public Employee Matters: The Board met in closed session to review the General Manager's
performance and contract. The Board returned to open session at 1:00 p.m. Director Tye stated that the Board
had discussed the General Manager's contract and had determined a negotiated position which would be
presented to the General Manager within the next five working days and that this issue would be further reviewed
at the next Workshop Meeting.
Motion to adjourn made by Director Veit, seconded by Director Sapanai, meeting adjourned at 1:03 p.m. by