SBCWD BOARD MEETING MINUTES


REGULAR MEETING
SATURDAY, AUGUST 19, 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 9:32 a.m. on Saturday, August 19, 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

Treasurer present:
Barbara Boucke

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

B.    PUBLIC EXPRESSION

Director Veit asked if Mr. Gilbert had resigned from the Board. Director Tye stated that Mr. Gilbert had expressed his desire to no longer remain on the Board. Mr. Dinges stated that he had received an e-mail stating that Mr. Gilbert was considering resigning from the Board but had not made a decision as to how to do that. Mr. Dinges stated that he had told Mr. Gilbert the District would need a letter of resignation. Director Sapanai stated that a letter of resignation was not necessary and that under Code, a Director may be released from the Board if the Director has not fulfilled their responsibility over the last three months. Director Sapanai stated that it was time to move this issue forward.

Director Veit stated that it was important to ensure that there is no practicing of law without checking requirements, specifically the items that clarify that a letter of resignation is not necessary and that posting for a new director is not necessary.

Director Zell stated that he would contact Mr. Gilbert regarding this issue.

H.    GENERAL BUSINESS

  1. Review of Septic System Application for Property Located at 15 Calle del Mar, AP# 195-192-07, George and Joanne Hasler, Owners, Jeffrey Trotter, Tenant: Mr. Dinges summarized the Manager's Report stating that Mr. Tanner had submitted plans for a stand alone system. Director Sapanai stated that those plans do not meet the requirement to submit plans and specification sufficient to support an application for approval. Director Sapanai stated that the timeline has been deliberately set in order to allow for the beginning of construction in October so that the system would be complete prior to the start of the next Shakespeare at Stinson season. Director Sapanai stated that the plans were not signed by Mr. Hasler as required and clarified that the timeline had been set for both District purposes and for Mr. Trotter's purposes. Director Sapanai cautioned that if Shakespeare at Stinson ignored the timeline and came to the Board weeks before the opening of the season without a permit, there would be little to compel her to grant a permit.

    Director Zell stated that he was disappointed and that, once again, the Board had not received what they had requested many times over. Director Zell stated that he would like to resolve this issue as quickly as possible. Director Veit stated that the District does not review plans without an application and fee. Director Veit stated that the District does not like to be labeled as "anti-Shakespeare" while it is apparent that someone outside of the District is stalling the process.

    Director Tye stated that the Board has always been clear about what it has been asking for which is that the system be brought up to Code to handle the onsite waste for all of the tenants, including SAS, at 15 Calle del Mar. Director Tye stated that the plans received from Mr. Tanner are for a free-standing, independent system which is in direct violation of District Code, as Code does not allow for two septic systems on one property.

    David Winton, attorney for Mr. Trotter, stated that he thought the Board needs to be informed of some of the behind the scenes activities related to parties which are not present at this meeting. Mr. Winton clarified that he does not have power of attorney for Mr. Hasler. Mr. Winton stated that there was more than passing interest from a party to possibly purchase the property which could affect the lease issue and finance issues with Mr. Trotter. Mr. Winton stated that SAS would not come to the Board in March and ask for a permit and that SAS was considering shutting down for a year or longer until it accomplishes what it needs to in order to stay in business. Mr. Winton stated that he thought Mr. Tanner may need more time to submit plans and will presumably be able to fix the problem. Mr. Winton stated that there was a lengthy lease with multiple obligations between Mr. Hasler and Mr. Trotter and that it was important for him to know about anything affecting that lease. Mr. Winton asked for clarification regarding the septic system at 15 Calle del Mar, and asked if the entire system had to be upgraded. Mr. Winton questioned if the system had to be upgraded whether or not SAS was a tenant.

    The Board clarified that it was dependent on the load on the system and that SAS would increase the load and that the load can not be proportioned to specific tenants and thus the entire system must be upgraded. The Board clarified that originally Mr. Trotter had presented the additional use by SAS as temporary and that the Board had allowed him to continue based on the temporary status. Director Sapanai stated that since then technology has advanced to a point where there were viable options to allow for the additional use created by SAS.

    Director Zell stated that Mr. Hasler has not committed to anything and that the problem exists between Mr. Hasler and Mr. Trotter.

    Director Sapanai stated that there are two possible choices that the Board could consider today, either to revoke the permit for non-compliance or to do nothing. Director Sapanai suggested that the Board do nothing.

    Director Veit stated that the Board's role is to enforce the District Code and that it was inappropriate for the Board to be thrown in the middle of disputes between other parties.

    The Board agreed to review more information as it is presented.

C.    MANAGER'S REPORT

Mr. Dinges stated that the treatment plant bids had been posted and should be received within the next five to ten days. Mr. Dinges stated that the FEMA approved amount for the first phase of the suspension pipe bridge had been reduced from $28,000 to $21,500. Mr. Dinges stated that the District would receive about $5,000 for the phase 2 culverts. Mr. Dinges stated that road repair to the pipeline bridge would be handled by the State, not the District. Mr. Dinges stated that the WRA contract would have to be amended for the 404 application to finish the culverts. Mr. Dinges stated that Lunny grading would be submitting a revised bid to cover other work in the office parking lot and pipeline repairs. Mr. Dinges stated that the Lincoln pipeline repair should be complete by next week, that the 250 foot Puente Rizal pipeline project shall begin on September 1, and that the Panoramic pipeline replacement was scheduled for September/October. Mr. Dinges stated that three candidates had been interviewed for the bookkeeping position and that he had attended the East Shore meeting.

Director Sapanai requested that the Manager's Reports be submitted in writing. Director Sapanai asked what action the District had taken regarding the activities and permitting status at 12 Marine Way. Mr. Dinges stated that he had inspected the site today, had talked to the supervisor, and stated that the District could fine the owner if there was any work being performed on the wastewater system.

Mr. Art Moritz, of 15 Marine Way, stated that the owner of 12 Marine Way had told him that he wanted to install a bathroom in the garage and had already installed a fence along the creek line. Mr. Moritz stated that the neighbors did not want the garage turned into a rental as the added occupancy would affect the parking. Mr. Moritz stated that the County response had been less than adequate and that he was told by the County that the project had been red-tagged. Mr. Moritz stated that he did not see any red-tag at the property. Mr. Moritz summarized the work on the property which was apparently being performed incrementally. Mr. Moritz stated that it seemed apparent that the owner was trying to change the residence into a duplex and that a duplex raises implications related to parking and the septic system. Mr. Moritz stated that the 12 Marine Way septic system has had operational problems in the past. Mr. Moritz stated that his concerns were to ensure the safety of the creek and its habitat and to ensure that the garage was not turned into a second unit.

Director Tye stated that the District would continue to investigate the situation.

Director Sapanai stated that when the District sends an e-mail or calls the County there is a little more weight attached and suggested that the District contact the County. Mr. Dinges stated that he would contact the County on Monday.

D.    SETTING OF AGENDA

Motion to revise the agenda, moving item 6, SAS, ahead of the Manager's Report made by Director Sapanai, seconded by Director Veit, adopted by unanimous vote.

E.    APPROVAL OF MINUTES

Motion to approve the July 21, 2006 minutes made by Director Sapanai, seconded by Director Veit, approved by unanimous vote.

Motion to approve the July 22, 2006 minutes with amendment, made by Director Veit, seconded by Director Sapanai, approved by unanimous vote.

F.    APPROVAL OF DISBURSEMENTS

The Board discussed the purchase of a storage unit to house all of the items from the barn in a permanent, safe environment. The Board questioned the status of the contract with Mr. Black and asked if the contract had been completed. Mr. Dinges stated that the work for Puente Rizal performed by Mr. Black was being reimbursed by the owner. Mr. Dinges stated that he asked Mr. Black to produce hydrant related maps which were not part of the contract. Mr. Dinges stated that the final payment for Phase One of the Krieger & Stewart contact was included but that there may be more submitted invoices related to review.

The Board discussed the severance pay request submitted by Ms. Raven Schauf. Director Tye stated that this issue had been reviewed when Mr. Sanders had retired although Mr. Sanders had not made a request and that there was the issue of precedent. Director Sapanai stated that the item could not be resolved as it was not noticed on the agenda. Director Sapanai stated that the precedent issue was debatable. Director Zell stated that there was nothing currently contained in Title II regarding bonus pay although there was a clause regarding severance pay. Director Zell stated that previously, a gift of public funds had been discussed retroactively for Mr. Sanders, but that a severance package had never been addressed. Ms. Schauf stated that there was precedent for severance pay, as Ms. Candau had received four weeks and Mr. Tacherra had received five weeks. Director Tye stated that it may precedent, good or bad, but that the issue still needs to be reviewed. Director Sapanai suggested that this item be placed on the next agenda and that District counsel be consulted. The Board agreed by consensus and scheduled a meeting to hear this issue on August 30, 2006.

Motion to approve the July, 2006 disbursements made by Director Sapanai, seconded by Director Veit, approved by unanimous vote. Motion to approve the submitted Board compensation requests made by Director Veit, seconded by Director Sapanai, approved by unanimous vote.

G.    PUBLIC HEARING

  1. Adoption of Resolution GB-2006-11 Amending the District Investment Policy: Director Sapanai stated that Section 15429.1 does not exist. The Board discussed revisions to the policy. Motion to approve the District Investment Policy with revisions made by Director Veit, seconded by Director Sapanai, adopted by unanimous vote.
  2. Consideration of the General Manager's Contract: This item was continued by Board consensus.

H.    GENERAL BUSINESS

  1. Review of the Final Capital Improvement Plan: Mr. Dinges stated that the funding part of the plan still needs revision and that a Resolution was not necessary to adopt the plan. The Board agreed by consensus to approve the Capital Improvement Plan dated August 19, 2006.
  2. Review of Conflict of Interest Code: Director Sapanai stated that the Board follow the suggestion to adopt the FPPC model code and that District Counsel should be directed to do so. Director Sapanai stated that an advantage to accepting the FPPC model code is that it will automatically update as regulations and statutes change. The Board agreed by consensus to have District Counsel revise the District code to include the FPPC model code.
  3. Review of the Status of Failed Wastewater Systems: Mr. Dinges summarized the Report stating that 23 Calle del Sierra was ready to begin construction but that it was unknown who the system installer would be, that 25 Laurel had received the panels for installation, that he had met with Questa regarding 136 Buena Vista and that plans were being designed, and that no easement documents had been received from Ms. Folsom. Mr. Dinges stated that the Board would hear the waiver for 90 Buena Vista in September and that plans are still under design for 75 Buena Vista. Mr. Dinges further stated that 144 Seadrift had leaking risers but that he believed it has since passed inspection, that 3715 Shoreline had submitted preliminary plans but that the property had not been abated. Mr. Dinges stated that a letter would be sent to the owner of 10 Francisco patio to install a tank, that an extension had been granted for 10 Buena Vista, and that the water service had been terminated at 85 Buena Vista.

    Director Tye stated that further investigation was needed at 3715 Shoreline Highway due to the proximity to the creek. Director Zell stated that the concentration of failures on Buena Vista and Laurel Avenue was a concern.

I.    COMMITTEE REPORTS

Treasurer Boucke, of the Finance Committee, stated that the Fiscal 2005-2006 Audit was complete and that she will be reviewing the adjustments and the effect to the bottom line.

Director Tye, of the Wastewater Committee, stated that it is necessary to tighten up the District referral lists.

Director Sapanai, of the Wastewater Committee, stated that a list of proposed revisions to Title IV should be summarized for review.

J.    ADJOURNMENT

Motion to adjourn made by Director Sapanai, seconded by Director Zell, meeting adjourned at 11:15 a.m. by unanimous vote.




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