SATURDAY, OCTOBER 17, 2009
A. CALL TO ORDER/ROLL CALL
President Boucke called the Regular meeting of the Board of Directors of the Stinson Beach
County Water District to order on Saturday, October 17, 2009 at 9:31 a.m., at the District Office
located at 3785 Shoreline Highway in Stinson Beach, California.
Barbara Boucke, President
Lawrence Baskin, Vice President
Elizabeth Sapanai, Director
Scott Tye, Director
Jim Zell, Director
General Manager present:
Denise Badstubner, Administrative Asst.
B. PUBLIC EXPRESSION
Steve McCaffrey, of Redwood Empire, North Bay Corporation, explained to the Board that
Marin County has started a "Zero Waste Plan", which is a plan to recover 80% of all the waste
produced in the County. The "Zero Waste Plan" will concentrate on addressing consumerism
C. SETTING OF AGENDA
Director Sapanai suggested moving General Business up, after Public Hearing, and deal with
the minutes and disbursements at the end of the agenda.
D. PUBLIC HEARING
A Public Hearing Regarding: 12 Marine Way, Acct# 3880, APN#
195-221-09, Tim Peterson, Michael Mullen, and Donald James, Owners. A Notice to
Abate a Nuisance and to Appear before the Board of Directors; Failure to Demonstrate
that all of the existing Septic System Components meet the requirements of Title IV of
the Stinson Beach County Water District On-Site Wastewater Management Code, as
required by Section 4.01.410 (Alterations and additions amounting to new construction).
President Boucke opened the Public Hearing and asked the General Manager to give his
The General Manager reported that at the August 19th Board meeting, the Board voted to
direct staff to issue the Failed System Citation, which led to the Abatement Hearing. He said
that the District has a proposal from Mr.Riley Hurd, requesting a continuance of the hearing,
and a proposal to abate the conditions present at 12 Marine Way. The General Manager
stated that District legal counsel, Patrick Miyaki recommends that the Board accept the request
for a continuance.
Director Sapanai made the motion to agree to the continuance of the Abatement Hearing,
pursuant to the letter from Riley Hurd, which allows the Board to set a hearing date at any time
with three calendar days notice. Director Tye seconded the motion. Director Sapanai
amended the motion to state the Abatement Hearing will be continued to the November regular
Board meeting, with the understanding that a hearing may be set between now and then.
Director Baskin asked about the process. The General Manager cited the paragraph found in
Title IV, Section 4.09.220 that the Board shall hear testimony of persons respecting the
condition constituting the nuisance. At the conclusion of the hearing, the Board must by
resolution declare its findings (this is when a resolution must be prepared and adopted). If the
Board finds a nuisance exists, then the resolution shall so declare and order the owners to
abate the nuisance within a defined time. A copy of the signed, adopted resolution must be
provided to the owner within 7 days after the hearing. The General Manager stated that it is
the responsibility of the applicant to convince the Board that the nuisance has been abated. In
a letter dated September 30th, 2009 the District received a proposal from Mr. Hurd where he
recommends several modifications to the Garage.
President Boucke called for the question. The motion as amended was approved by
E. APPROVAL OF MINUTES
Director Baskin moved to approve the Minutes of Saturday, September 19, 2009. Director Zell
seconded the motion. Director Sapanai requested the minutes reflect that her absence at the
last meeting was due to a serious family matter. President Boucke requested the following
amendments to the minutes; correct spelling for Lichtenwalner and delete the apostrophe in
District's on page 2, line 27. President Boucke called for the vote to approve the minutes as
corrected. The motion was approved by unanimous vote.
F. APPROVAL OF DISBURSEMENTS
Director Tye moved to approve the Disbursements for September 23, and October 7, 2009.
Director Baskin seconded the motion. The motion was approved by unanimous vote.
G. GENERAL BUSINESS
Request for waiver (refund/credit) of $70.44 in late payment charges incurred since
January 2009. Pamela Lichtenwalner, Owner, 155 Calle Del Mar, Acct#3020, APN# 195-
The General Manager reported that Ms. Lichtenwalner, as per her letter dated October 9, is
requesting a waiver of $70.44 in late payment penalties that she has incurred since January
2009. Additionally, there is a letter re: termination of water service for October 28, for failure to
pay her water bill. The General Manager stated that the District allowed
Ms.Lichtenwalner to begin paying off the balance about 9 months ago and there is still a
balance due of $548.13. The General Manager stated that payment plans were previously
proposed for 4 and 6 additional months. The General Manager stated that he was not
comfortable in extending a payment plan for more than 6 additional months. President Boucke
asked the Board if they had any comments. Director Sapanai stated that she would be
comfortable with a one year repayment plan. Director Tye agreed with the one year payment
plan. The General Manager distributed a letter to the Board received from Ms. Lichtenwalner
on October 16, 2009. President Boucke asked for comments from Ms. Lichtenwalner
regarding this matter.
Ms. Lichtenwalner explained to the Board what circumstances brought her to requesting a
waiver and payment plan. Ms. Lichtenwalner stated she appreciated the one year payment
plan and the approval of the Lifeline Rate.
Director Baskin reiterated that if you use over 200 gallons there are serious penalties.
Director Baskin made the motion to allow the applicant to pay off the arrears owed to the
District over a 12 month period including the monthly penalties for the late payments.
Additionally, the current water bill must be paid off each month. Failure to do so would result in
a further notice from the Board with regards to abatement if not complied with. These terms
are subject to a written agreement signed by the applicant and the General Manager. Director
Sapanai seconded the motion. The motion was approved by unanimous vote.
Discussion and possible direction to staff regarding the District's Lifeline Water Rate.
The General Manager reviewed the current status of the Lifeline Water Rate and
recommended that the Finance Committee, or a new Ad Hoc Committee, be established to
review the existing criteria and decide if any changes need to be made, followed by a
recommendation to the full Board of Directors. As of October 14, we have 5 customers on the
Lifeline Water Rate.
President Boucke appointed Directors Sapanai and Zell to an Ad Hoc Committee to review the
Lifeline application, qualification process and procedures.
Director Baskin made the motion to suspend approving applications for the Lifeline Water Rate
indefinitely, until the Board develops a new application and qualification procedure and policy.
Director Sapanai seconded the motion. The motion was approved by unanimous vote.
Mr. Bruce Wachtell addressed the Board and explained that the original Lifeline Rate was a
conservation measure; it was not a measure to allow customers to save money.
Discussion and possible action regarding: SBCWD, ONSITE WASTEWATER
MANAGEMENT PROGRAM, ANNUAL REPORT, to the REGIONAL WATER QUALITY
CONTROL BOARD, July 1, 2008 through June 30, 2009.
Director Sapanai asked about Page 5, "Fluctuations in the surface samples appear to be a
result of local wild life and not failed septic systems." Director Sapanai asked why we say local
wildlife and not failed septic systems? It was decided to review the Annual Report at the next
Wastewater Committee meeting.
Director Baskin thanked the staff and engineer for a job well done. The report was thorough,
very informative and looks nice.
President Boucke made the motion to accept the Onsite Wastewater Management Program
Annual Report for July 1 2008 - June 30, 2009, with clarification and discussion to be held at
the Wastewater Committee meeting and then sent on to the State. Director Baskin so moved,
Director Sapanai seconded the motion. The motion was approved by unanimous vote.
Discussion and possible direction to staff regarding: a Resolution adopting the
revised Title I and Title II of the District's Policy Manual.
Director Sapanai asked that the document be reviewed once more for any grammatical
corrections needed throughout the document, including adding page numbers. Director Tye
suggested a change to Section 2.01.310, Press Relations, by adding the language, "Or his/her
designated agent". The Board agreed with the change.
Director Zell moved to adopt and approve the revised Title I and Title II of the District's Policy
Manual with the changes and corrections. Director Tye seconded the motion. The motion was
approved by unanimous vote. Director Baskin thanked the Ad Hoc Committee for their
extraordinary effort in accomplishing this revision.
Discussion and possible action regarding: acceptance of the Districts Basic Financial
Statements. (Financial Audit).
Director Tye made the motion to accept the Districts Basic Financial Statement/Audit as
presented by Mr. Krieg, CPA, for the Fiscal Year ended June 30, 2009 with all changes and
Director Zell seconded the motion. President Boucke requested a Management Letter and
bound copies of the Audit be sent to the District. The motion was approved by unanimous
Discussion and possible direction to staff regarding: proposal from Todd Engineers,
to conduct the Phase 2 Hydrologic Study.
The General Manager reported to the Board that this subject is carried over from the last
month's Board meeting. The Board asked the Finance, Water and Wastewater Committees to
review the proposal. All three Committees have met and briefly discussed the proposal. The
general consensus was to get a revised proposal from Todd Engineers. The General Manager
stated that on October 6, he contacted Iris Priestaf at Todd Engineers and asked her to send a
revised proposal including the scope of work, new water quality regulations, the impact they
may have on the objectives of the project, and budget estimates for the project. The General
Manager stated that he would inform the Board when he received a revised proposal. Director
Baskin requested that this item be continued until the next Board meeting.
H. MANAGER'S REPORT
The District hired Shane Boyce to work as a temporary employee for 6 months.
The General Manager reviewed the American Leak Detector survey of the District's water
distribution system. No big leaks were discovered. The results were discussed at a recent
Water Ops Committee Meeting. The replacement of water meters will be discussed at the next
Water Ops. Meeting.
The obstructed water meters at #12 Occidente and #103 Arroyo have been relocated. Nine
other obstructed water meter relocations were previously relocated which leaves 22 more to
The General Manager stated that he requested a 30 day extension from the County for the
Engineering Study for the Steep Ravine Well project.
On October 5, a letter was sent to Veronica Corella-Pearson, Planner for Marin County,
regarding the removal of the Barrel House at the property located on 6976 Panoramic
Highway. Director Tye reported that the County approved the building plans for 6976
Panoramic Highway, with the Barrel House in place. Director Tye stated it is to be
decommissioned as habitable space, in addition to the septic lines and services coming from
the house. The septic line could not be removed for environmental reasons, but could be
destroyed in place. Director Sapanai asked about the septic tank. Director Tye stated that it
was not mentioned, but he was assuming that the District could request it be opened, crushed,
On October 26, a Wastewater Committee meeting will be held. Director Sapanai requested a
Special Board meeting to speed up the Title IV revisions. Director Zell commented that the
District should move as quickly as possible and be as farsighted as possible to project what
may be faced in the future regarding Title IV Regulations.
On October 26, the General Manager, President Boucke, and Director Tye will be attending an
LCP meeting at the County.
On October 27, the General Manager and Director Tye will be attending a Flood Control
meeting at the Community Center.
I. COMMITTEE REPORTS
President Boucke called for a motion to adjourn the meeting. Director Sapanai made the
motion to adjourn the meeting. Director Baskin seconded the motion. The motion was
approved by unanimous vote. The meeting was adjourned at 11:24 a.m.
The next meeting will be held on Saturday, November 21, 2009 at 9:30 a.m.