SBCWD BOARD MEETING MINUTES


REGULAR MEETING
SATURDAY, NOVEMBER 15, 2008

A.    CALL TO ORDER/ROLL CALL



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

Directors absent:
Lawrence Baskin, Director

General Manager present:
Ed Schmidt

B.    PUBLIC EXPRESSION

Several people spoke to the Board regarding items not on the agenda.

C.    SETTING OF AGENDA

President Zell moved to adopt the agenda as outlined with the exception of Item D, "Oath of Office for Candidates Appointed" shall be moved to the end of the Agenda, and Director Tye seconded the motion. The motion was approved by unanimous vote.

D.    OATH OF OFFICE FOR CANDIDATES APPOINTED: in Lieu of Election

President Zell administered the oath of office for, Elizabeth Sapanai (Incumbent), Barbara Boucke (Appointed Incumbent) and Scott Tye (Incumbent) as the candidates appointed by the Board of Supervisors in lieu of an election for the Full Term vacancies. Director Baskin will need to be sworn in at the December meeting.

E.    APPROVAL OF MINUTES

Director Tye moved to approve the minutes of October 18, 2008, Director Zell seconded the motion. The motion was approved by unanimous vote.

F.    APPROVAL OF DISBURSEMENTS

Director Sapanai moved to approve the disbursements of October 23rd, Director Tye seconded, and the motion was approved by unanimous vote. Director Zell moved to approve the disbursements of November 5th, Director Tye seconded, and the motion was approved by unanimous vote.

G.    FINANCIAL STATEMENTS

The Board accepted the Quarterly Financials.

H.    PUBLIC HEARING

  1. Discussion and possible action regarding: a Variance request for 380 Belvedere Ave., Account #4940, Bruce Guile. The applicant seeks permission to replace the existing septic system with an alternative system and increase the "conditioned" space. Rich Souza reviewed this item with the Board stating the applicant is applying for 2 Variances. 1) The applicant proposes an increase of conditioned space from 2825 sq. ft. to 3300 sq. ft. with a peak daily flow of 300 gallons. 2) The applicant proposes the use of a drip dispersal system to utilize the shallow permeable soils on the subject property. Director Sapanai stated that the increase in conditioned space does not demonstrate a substantial property right and the size of the house should be limited to 2825 square feet. After much discussion it was determined that this matter be reviewed and put on the December 20th agenda to discuss the increase in square footage to the conditioned space. This item will be placed on the December 20th Board Agenda.
  2. Discussion and possible action regarding: a Waiver request for 250 Seadrift Road, Account #6700, Steve Wisenbaker. The applicant seeks permission to use the Advantex pretreatment unit in lieu of a standard intermittent sand filter. Rich Souza reviewed this item with the Board stating the applicant is applying for a Waiver. The applicant is proposing the use of an Advantex pretreatment unit in lieu of a standard intermittent sand filter. The Advantex pretreatment unit is considered an alternative system with equivalent or better treatment capabilities as the standard intermittent sand filter. The purpose of the application is for new construction of a detached 931 sq. ft. (3) bedroom, (2) bath, garage, and storage structure. The total "conditioned" space is 1875 sq. ft. for the subject property. Director Sapanai moved to approve, Director Tye seconded the motion, and the motion was approved by unanimous vote.
  3. Discussion and possible action regarding: Consideration of a request from Redwood Empire Disposal to raise garbage rates by 6.98% (No Franchise Fee Increase) or 7.74% ($2000 Franchise Fee Increase). Effective January 1, 2009. The General Manager introduced Steve McCaffrey who discussed the increase, which was determined by the CPI (Consumer Price Increase). Mr. McCaffrey stated that this is not just an arbitrary number. The increase was determined by the CPI. Mr. McCaffrey explained that the company has suffered substantial increased costs to fuel at 67%, Labor at 10% and 12% in landfill costs. In addition, it has been four years since this area has had an increase in garbage rates. The General Manager provided information regarding the "Annual Rate Survey", prepared by Armanino McKenna LLP, CPA. Stinson Beach is below average on Residential Rates, slightly above average on Commercial Rates and considerably below average on Debris Boxes. This item will be discussed again at the December 20th Board Meeting.

I.    GENERAL BUSINESS

  1. Discussion and possible action regarding: a letter from Mr. Morton Lippman, requesting an increase of $100 per month (from $250 per month to $350 per month), for picking up trash bags at the Village Green Parks. Director Sapanai moved that Mr. Morton Lippman receive an increase of $100 per month to continue picking up trash bags at the Village Green Parks, President Zell seconded the motion, and the motion was approved by unanimous vote.
  2. Discussion and possible action regarding: a request from Mr. Michael Korchinsky for an Amendment (to the Water Line Extension Agreement, dated August 19, 2008), 7150 Panoramic Highway, Stinson Beach.

    Director Sapanai recused herself and left the meeting at 10:50 a.m.

    The General Manager reported to the Board that the agreement approved during the July and August Board meeting was breeched by Mr. Korchinsky. The legal fees of $1250 have not been paid and the Performance Bond that was agreed upon for $36,500 has not been provided. The septic system is in use, the water line has not been constructed, and the residence has been occupied. The General Manager made the following recommendation; that the District invoice Mr. Korchinsky (with a due date of December 6th ), to pay the legal fees of $1250 and the $36,500 Performance Bond. If this is not accomplished by December 6th, then we would proceed with due process to shut off the water for non- payment of an account.
    Director Tye asked Rich Souza, District Engineer if the system as it has been installed has been approved as an installation? Mr. Souza stated that the construction is complete however; it is conditioned that before the Discharge Permit is issued, the construction of the waterline be complete. President Zell then addressed Mr. Korchinsky for comment. Mr. Korchinsky stated that after the August Board meeting in good faith he agreed to pay legal fees and in good faith went to the County to get a permit which was issued at the end of September. He did not let everything expire; Mr. Korchinsky stated, he contacted the General Manager when it became clear before the November 3rd date that he wasn't going to be able to complete the work by the November 3rd deadline. Mr. Korchinsky would like to pay the legal fees and Performance Bond, and asked for additional time, because the legal remedy does not change or the ability to do the work as soon as he is able. Mr. Korchinsky stated the reason he did not pay the Performance Bond or pay the fees was because he knew the work would not be completed by November 3rd and it did not make sense to go forward without talking to the General Manager.
    The General Manager stated that it would be appropriate to add a deadline for the construction and the Board should direct Mr. Korchinsky to complete the work within that timeframe. Director Tye stated that 120 days seemed a reasonable time frame and that if Mr. Korchinsky did not complete the construction within 120 days the District will start construction using Mr. Korchinsky's Performance Bond.
    Director Tye recommended to the Board that the new deadline be 120 days from November 15th therefore the new deadline would be March 15th. Mr. Korchinsky stated that he would discuss the deadline with his contractor but felt it could be done within the time frame the Board was requesting. The General Manager stated that the District would be invoicing Mr. Korchinsky $1250 for the original agreement, $150 for a new District construction permit and that Mr. Korchinsky will provide the District with a $36,500 Performance Bond by December 6th. In addition Mr. Korchinsky should pay 100% of the legal fees to establish a new agreement with the District.
    President Zell stated that these conditions were previously established in order for Mr. Korchinsky to occupy the home; however he is already in the home. He finds this most distasteful. The District and Mr. Korchinsky had an agreement and Mr. Korchinsky has violated the agreement by moving into the home. Once a person is in residence we have no recourse and we cannot evict people from their homes. President Zell stated he was hesitant for any extension whatsoever, and was inclined to go with the General Manager's recommendation.
    The General Manager stated that if Mr. Korchinsky does not comply with legal fees and the Performance Bond by December 6th, then we will send notice to shut off the water for failure to pay on an account. Discussion followed. Director Boucke reiterated that an invoice will be sent to Mr. Korchinsky on Monday, November 17th, with all fees and the Performance Bond due and payable on December 6th.
    Director Boucke made the motion to approve Mr. Korchinskys' request to remain in the home subject to a new agreement, all Fees, Performance Bond, and any increased legal fees being paid to the District. In addition the construction of the water line extension must be completed within the 120 day deadline, of March 15, 2009. The motion was seconded by Director Tye.
    Ms. Hanson inquired about additional fees on the water bill, one being a fee from the District Engineer to sign off on a Solar Panel, for a permit from the County. Mr. Korchinsky argued the point regarding interaction with the District in the County permit process. Director Tye explained the District has a Policy and Code that states, when any plans, no matter the extent are reviewed by the District Wastewater Engineer the District charges $250.00. Discussion followed regarding County fees. President Zell called for the question, the motion was approved by Director Boucke, Director Tye, voting yes and President Zell voting no. The motion was approved 2-1.

    Director Sapanai rejoined the meeting.
  3. Discussion and possible action regarding: Development of a Water Rationing Ordinance - for possible future implementation only. The General Manager explained that this was a Draft Ordinance for a 50% reduction for possible future water rationing. Discussion followed regarding allotments, usage, water production, and what drought weather would require of the District.
    Director Sapanai would like language explored and incorporated regarding riparian rights. Director Boucke recommended because of the importance of this item it should be a workshop item in the New Year. Director Tye requested a memo from Alan Richards giving the Board reference points, alternatives and background.
    This item will be continued to a Workshop in January or February of 2009.
  4. Discussion and possible action regarding: an Employment Agreement for a Temporary Project Position to help construct the new Water Treatment Plant and the new water main on Marine Way. The General Manager explained his request to hire a temporary employee to assist with the construction of the New Water Treatment Plant and Water Main construction on Marine Way. Director Boucke stated that a temporary position requires work for less than 6 months. Discussion followed regarding timeframe of a temporary employee.
    President Zell made the motion that the General Manager pursue hiring a temporary employee, Director Sapanai seconded the motion, and the motion was approved by unanimous vote.
  5. Discussion and possible action regarding: CalPERs "Pick-Up" Resolutions' GB-2008-11 & 12. The General Manager explained Resolutions GB-2008-11 & 12 CalPERS "Pick-Up". Director Boucke made the motion to approve Resolutions # GB-2008-11 & 12. Director Tye seconded the motion, and the motion was approved by unanimous vote.

J.    MANAGER'S REPORT

The General Manager asked the Board if they had any questions regarding the Managers Report. Director Boucke asked about Verizon coming back to answer the questions from the last Public Hearing. The General Manager responded that as soon as we continue the public hearing. Director Tye recommended the Public Hearing being held during the Regular Board meeting in January, but have the meeting at the Community Center, President Zell seconded the recommendation, discussion followed, and the General Manager will reserve the Community Center for the January meeting. The General Manager reported on the status of "Title II". He received an email from Legal Counsel suggesting that the Committee meet with Kurt Franklin in Larkspur. The General Manager will set a meeting date for the Title II Committee.
Director Sapanai asked if the leak on Dipsea was the District's waterline repair or other. The General Manager stated that the repair was between the street and the water meter.
The General Manager confirmed for Director Tye that a "Failed System Citation" was sent to the County for 12 Marine Way. Director Sapanai commented with regard to the offer from the Board to show no insulation in the conditioned space, which was a compromise agreed to at the time. Mr. Peterson failed to comply with the offer. Director Tye responded that 12 Marine Way onsite wastewater system is under review and needs to be upgraded because of the additional conditioned space.
The General Manager asked the Board if they wished to have an employee recognition dinner this year. All Directors present said yes, discussion followed the Dinner date was set for December 18th, at the Community Center.

K.    COMMITTEE REPORTS

Director Boucke reported regarding the Finance Committee. We are right on target. Director Tye reported that the Water Operations Committee will be meeting on Monday, November 24th.

L.    CORRESPONDENCE

The Board reviewed and discussed a "Petition for Appeal" addressed to the Marin County Planning Commission, from the Stinson Beach Village Association, regarding 3715 Shoreline Highway. The Board reviewed and discussed an email from Staffordshire, England regarding a thank you for the wonderful District Weather Charts.

M.    ADJOURNMENT

President Zell called for a motion to adjourn the meeting, Director Tye made the motion, and Director Sapanai seconded the motion. The motion was approved by unanimous vote. The meeting was adjourned at 12:20 p.m. The next meeting will be held on December 20, 2008, at 9:30 a.m.




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