SBCWD BOARD MEETING MINUTES


REGULAR MEETING
SATURDAY, AUGUST 23, 2008

A.    CALL TO ORDER/ROLL CALL

President Jim Zell called the Regular meeting of the Board of Directors of the Stinson Beach County Water District to order on Saturday, August 23, 2008 at 9:30 a.m., at the District Office located at 3785 Shoreline Highway in Stinson Beach, California.

Directors present:
Jim Zell, President
Barbara Boucke, Vice President
Lawrence Baskin, Director
Elizabeth Sapanai, Director
Scott Tye, Director

General Manager present:
Ed Schmidt

Staff present:
Rich Souza, Wastewater Engineer

B.    PUBLIC EXPRESSION

The following guest's attended the meeting; Allen F. Santos, Dave Frain for Bruce Helmberger, Wendy Smit for Pauline Elliott Lynne Stickrod, Barbara Hancock, Troy Pearce, Mike Mitchell for Barbara Hancock Rodger Faulkner and Dave Rosenlund

C.    SETTING OF AGENDA

Director Sapanai moved to adopt the agenda moving item (G) #1 General Business ahead of other items for public expression. Director Tye seconded the motion; the motion was approved by unanimous vote.

D.    APPROVAL OF MINUTES

Director Baskin moved to approve the minutes of July 19, 2008, Director Sapanai seconded, President Zell asked for questions and discussion. There were no amendments. The motion was approved by unanimous vote.

E.    APPROVAL OF DISBURSEMENTS

Director Boucke made a comment regarding the check run disbursements not being in date order and decimal points were missing. Director Boucke also had concerns regarding two checks to Tech Support both dated July 2008 for $450.00. The General Manager assured Director Boucke that these matters would be addressed and he will update her at the Finance Committee Meeting. Director Tye asked about the July 31, expense item for Janice Payne (check disbursement of $3272.50). Was this increase to Janice's time due to the Audit process? The General Manager stated yes, the Audit process took about 4-5 days. Director Sapanai requested that more attention and consistency was needed regarding the chronological order of Disbursements in the future. President Zell asked for a motion to approve disbursements, Director Baskin made the motion, Director Tye seconded, and the motion was approved by unanimous vote.

F.    FINANCIAL STATEMENTS

The General Manager presented the year end summary and final financial statement for fiscal year 2008; Revenues were 20% above budget, and expenses were 1% above budget. The increase of 1% expense is the $23,617.00 paid to legal counsel for employee issue. $120,064.00 was put into reserves, and we have $212,918.00 excess because of increased property tax revenue and the Educational Reimbursement Augmentation Fund. Director Boucke stated that the District's net gain in Reserves was $332,982.00 and asked if the Board wanted to disburse this amount equally between the reserve funds, or would they like to consider a different disbursement of the funds. This will be reviewed by the Finance Committee and brought back to the Board. Director Boucke stated that based on cash flow, it takes about $140,000.00 per month to run the District.

G.    PUBLIC HEARING

  1. Variance Request: Allen Santos, 4 Francisco Patio: Applicant requests Variance to: SECTION 4.19.010 Use of Alternative Wastewater System Designs. Applicant proposes the use of an Advantex AX10 pretreatment device in lieu of an intermittent sand filter system due to limited area.

    Rich Souza addressed the Board explaining the Variance request. He stated that the application is complete and the District is requesting an additional monitoring well, with quarterly monitoring for the first year. Subsequent testing will be determined based on the performance of the system. Director Sapanai made the motion to approve the variance; Director Tye seconded. President Zell asked for public comments. Rodger Faulkner expressed his concerns regarding notification of the proposed variance. Director Sapanai asked Rich Souza, District Engineer, "What is the significance of a drawing being inaccurate"? Rich Souza responded; "if that is the case, and there is an intrusion of the septic system within the setback, then an owner would have to apply for another variance". This issue would be determined at the County level. Mr. Dave Rosenlund of #1 Joaquin Patio stated that he had not been noticed. Mr. Rosenlund stated that his concerns were regarding the septic system size in relation to the size of the house and lot. Director Sapanai stated that his issues are County issues and will be taken into consideration at the time of County approval. At this time the Board only approves a variance to accommodate a septic system based on size of residence and 100 /150 gpd water use. The Board must approve/disapprove before the County can take further steps. The District can only approve the septic system. Mr. Souza further explained the County permit procedures. Mr. Santos said there was no change to the property line. President Zell called for the question to approve the variance of an alternative wastewater system; the motion was approved by unanimous vote.
  2. Barbara Hancock, 145 Seadrift Road; Applicant requests (2) Variances to: SECTION 4.15.100 Site Criteria-Setbacks. Applicant proposes to locate portions of the raised bed dispersal field 3 feet from the front property line and under the driveway.

    Mr. Souza reviewed the history of the property. The variance will require the system to be moved 100 feet to meet the setback requirement. Relocation of water main and waterline will be necessary with the appropriate fees, deposits and relocation agreements. In addition, annual monitoring for the first year will be required and a backflow prevention device will have to be installed. This proposed septic system would require 250/300 gpd vs.100/150 gpd, due to the size of the house. Director Sapanai asked if it was possible to build a smaller house and be able to put the septic system on the property without a variance. Barbara Hancock; explained her reason for the size of the house. Director Boucke, stated that a 1900 sq. ft. house is standard, Director Sapanai redirected the question regarding the need for a setback variance due to the size of the house and is it a substantial property right? Director Boucke asked if we did not make this finding would it matter. Director Sapanai responded that all 4 findings were required in order to grant this variance. Director Boucke asked about houses and square footage. Director Sapanai stated that the issue at hand was the ability to build at all on this piece of property, and suggested a smaller footprint. Director Tye suggested a smaller footprint and lower water use which would have less of an impact. Director Baskin discussed the four findings in granting a variance, and the cumulative adverse impact. President Zell recognized Michael Mitchell, representing Barbara Hancock, stating that it's not necessary that they build 1900 sq ft. Director Baskin discussed the benefits of the owner coming back with a smaller footprint, a reduced leach field and a proposal that would also limit the amount of proposed water use to 250 gpd. President Zell, with the consensus of the entire Board, stated that the matter regarding the Hancock property at 145 Seadrift Road will be continued at the next regularly scheduled Board Meeting.

H.    GENERAL BUSINESS

  1. Discussion and possible action to staff regarding a request from Ms. Pauline Elliott, 9 Jose Patio, account # 1440, Stinson Beach, for a water use charge reduction.

    The General Manager introduced Wendy Smit, who will be representing Ms. Elliott today. The owner is requesting a reduction of $719.00. Ms. Smit explained the leak issue, location, and how she found the leak with help from Mr. Bisson, who was reading the meter. There was no indication of a leak until the water usage was pointed out This took place between January & March; the extent was 7000 cubic feet, the site has limited landscaping, drought tolerant plants and no automatic irrigation system or drip system. They have paid charges in a timely manner, and provided bills for repair. They are hoping to retire the old galvanized piping. Director Sapanai stated this issue falls under the pipe under the ground main or secondary in that case we can give a 50% reduction, she made the motion to give a 50% reduction and offer a payment plan if necessary, and Director Tye seconded the motion. Director Sapanai discussed the installation of a digital monitor. President Zell called for the question; the motion was approved by unanimous vote.

    Wendy Smit complimented the Board on a job well done, and thanked the Board for their consideration.

I.    BI-ANNUAL REVIEW CONFLICT OF INTEREST CODE

Director Baskin moved to approve the resolution, Director Tye, seconded the motion to approve the Districts' Conflict of Interest Code, discussion followed regarding the change from "Engineer" to "Water Engineer", the motion was approved by unanimous vote.

J.    MANAGER'S REPORT

The General Manager discussed his meeting with Thomas Lai, Deputy Director of Planning Services, at Marin County Community Development Agency, (Planning Division), and Brian Crawford, Deputy Director, Marin County Community Development Agency. The concerns discussed with Mr. Lai and Mr. Crawford were the existing process in which they handle development plans and how to expedite receiving the information at the District in a timely manner. The General Manager stated that they have agreed to mail plans directly to the District for review. The General Manager also explained to the County how important it was for the District. Director Sapanai stated that it is important to the District that any impact from fences to conditioned space be reviewed and approved according to District regulations. Director Sapanai stated that anyone who wishes to build in Stinson Beach must review the District regulations before proceeding to next steps. Discussion followed regarding garages, conditioned space and the District's code "4.03.252; "Whenever any person makes application to the County of Marin for a building permit for the purpose of making any alterations to, or enlargements to, a structure, or make application for the building of a new structure which meets the definition of new construction (as defined in section 4.03.252) said applicant shall demonstrate that all of the existing septic system components meet the requirements set forth in this code." Director Tye requested that the General Manager inquire regarding the ownership of a third lot purchased on 12 Marine Way.

The General Manager stated that comments regarding the GGNRA Newsletter #4 "General Management Plan/Environmental Impact Statement" had been mailed. Director Boucke asked how the District follows up on this issue. The General Manager explained that this was a two part process; he has asked to be added to their email list and to receive newsletter information.

The General Manager discussed the County hearing for Mr. Sutton. The General Manager stated that the hearing Officer, Johanna Patri, referred to this project as "two separate residences and dwelling units". The General Manager clarified with Christine Gimmler, asking if this meant that there could be a rental and two separate families. Her answer was, yes. Director Sapanai stated that whether it was a rental or not it is meaningless, and this is the reason why the Districts' responsibility is to determine where and what will determine the greatest use of the property. Director Tye explained that under the current commercial zoning, there is no second unit application, it is multiple residences which is how it is defined. Director Sapanai suggested that this issue be discussed at the Wastewater Committee level and they should report back to the Board.

The General Manager reported on the "Waterline Extension Agreement", with Mr. Michael Korchinsky. Mr. Korchinsky has signed the agreement but has not submitted the Performance Bond or paid the District $1250.00 for attorney fees. In addition Mr. Korchinsky is in the process of applying to install an irrigation well. There was discussion regarding agriculture wells, set-back and property line issues. Director Sapanai stated she had serious problems with agriculture wells in this location. The first is the creek, secondly at the bottom of the property is a wetland, and generally given the Districts' water sources, agriculture wells would be a big problem. Agriculture wells are a serious problem in the Calles and Patios because; they are pulling straight from the Aquifer.

The General Manager stated that the District is engaged in the process of finding private property encroachments on District property. There are about 15 identified so far, and staff has been instructed to take pictures of them. Then a list will be prioritized, a letter sent with a picture of the encroachment, a description of what has been done, what needs to be done and a timeline to each owner. Discussion followed regarding the property owners responsibility to provide access to the District.

The General Manager reported on the progress of the Backwash Tank Pad at the Laurel Plant.

The General Manager reported a minor injury to Donny Melendy. He has a sprained wrist and has been on limited duty.

The General Manager noted the Wastewater report from Chris Kelley. A conference call was conducted with County Staff who is preparing an "Existing Conditions" Chapter for the 1st phase of the Watershed plan. Discussion involved the Districts' history, service area, population, climate, water supply, historical and projected water demand, our water shortage contingency plan and much more.

Verizon has completed their Civil Site Review Plan for the potential cell tower site. They have sent a plan of what that site might look like. This has been forwarded to President Zell and Director Tye to be discussed at the Water Operations Committee meeting. Director Boucke asked for more information regarding Verizon, explanation followed. Once the District receives a final proposal, the District will announce a community meeting.

Terry Krieg the Districts' Auditor has sent all documents for the end of the fiscal year 2008. These documents will be discussed and reviewed at the next Finance Committee meeting.

K.    CORRESPONDENCE

The letter from Marin County Community Development Agency, regarding the Parkside Café, was discussed regarding due process, notification, permits and fees' and that the District has an interest in protecting the creek.

L.    COMMITTEE REPORTS

There were no Committee Reports

M.    ADJOURNMENT

President Zell called for the motion to adjourn the meeting, Director Baskin made the motion to adjourn, Director Boucke seconded, and the motion was approved by unanimous vote. The next meeting will be held on September 20, 2008, at 9:30 a.m.




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