SBCWD BOARD MEETING MINUTES


REGULAR MEETING
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.

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

Treasurer present:
Barbara Boucke

Staff present:
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

  1. 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 unanimous vote.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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 the timeline.
    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

  1. 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.
  2. 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

  1. 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.

J.    ADJOURNMENT

Motion to adjourn made by Director Veit, seconded by Director Sapanai, meeting adjourned at 1:03 p.m. by unanimous vote.




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