Bolinas Community Public Utility District
A Regular Meeting  Of  The Board  Of  Directors
December 18, 2002  270 Elm Road, Bolinas

1.  Call to Order

7:30 p.m.

2.  Roll

Directors Amoroso, McClellan, Siedman present. Directors Bertsch, Kayfetz absent. Director McClellan presiding.

3.  Manager’s Report

Directors received a copy of a letter from Preserve Historic Olema Valley  to the National Park Service inquiring about the status of the update of its 1980 General Management Plan.

The fence on one side of the tank site on the Little Mesa has blown down. Replacing it will involve removing an overgrown tree. Another tree is threatening one of the tanks. There was no objection to staff’s recommendation to have both trees removed and the fence replaced with chain link.

Director Bertsch arrived at 7:40 p.m.

An addition to the concrete pad for the generator at the lift station will have to be poured before the new generator, which is significantly larger, can be installed. The new one will be a tight fit.

Any suggestions for the draft edition of the newsletter should be submitted by December 23, 2002.

In researching the creation of a Request For Proposals for the surveying of the District’s roads Manager Buchanan spoke with Don Hobbs, the Chief of Surveys for the County of Marin, who seemed to be very interested in the project and will be coming out to meet with staff and Andy Blake on January 7, 2003. The priority would seem to be to establish a number of points on Poplar, Alder and Kale. Director Siedman suggested finding out if the Park Service has already surveyed its boundary along Poplar.

Access to Sue Verhalen’s house from Zebra will now be possible, once a layer of rock has been added, thanks to Don Murch’s excellent work, which he carried out without complications. The neighbor whose driveway is affected has been fully informed of the situation and has not expressed any concerns.

The two-year warranty inspection of the interior coating on the West Tank has been completed. Only a few rust spots were apparent and they should be arrested once the cathodic protection is installed. The cathodic protection will be included in next year’s draft budget. The roof is the weakest area, but can be patched as it goes; otherwise the paintwork should be good for the next 20-25 years.

4.  Community Expression

Jane Blethen asked directors to put a measure for which she has collected over 300 signatures on the ballot. Staff will research the requirements for putting such a measure on the ballot and revisit the topic at the next meeting.

5.  Meter Transfer Request:  Whitehead.  315 Hawthorne to 271 Poplar at Locust


6.  Expanded Water Use Permit Application:  Straton
 project location:  86 Wharf Road

A letter of comment on the Coastal Permit Application for this project was sent last month. The water use history for the property over the last eight years is variable.

--  Siedman/Bertsch      four ayes, Kayfetz absent      to approve a Conditional Expanded Water Use Permit with a limit of 2500 cu.ft. per quarter.

Director Amoroso asked that low water use fixtures be used in construction. Alethea Patton stated that building codes now automatically require such fixtures.

7.  Coastal Permit Application (CP 03-17):  Crane
  project location:  185 Kale (formerly 251 Elm)

The Expanded Water Use Application has already been submitted but the plans for the septic system are not yet final. Directors had no comments on the Coastal Permit Application and lacking septic system plans it was premature to consider the EWUP. However staff will send a letter conveying directors’ reservations about the need for a mounded septic system, particularly when Marin County is on the brink of adopting innovative and less expensive onsite wastewater treatment methods.

8.  2003-2012 Garbage Franchise Agreement

Manager Buchanan noted that language from Marin County Code regarding the possibility of litter from garbage trucks on County-maintained roads has been added to the franchise agreement.

Citing recent massive increases in general liability insurance and Worker’s Compensation insurance costs Mike Biagini told directors that he is unable to provide garbage collection service to the District at the rates he proposed when the contract was awarded to Biagini Waste Reduction Systems. He said he could do it at the current Waste Management, Inc. rate or a little higher. He also stated that he has been unable to find environmental impairment liability coverage, but if automobile liability covers it, it should not be an additional requirement. The general liability coverage requirement of ten million dollars has also put the cost of insurance out of reach. He stated that Waste Management’s proposal had been cut down to rock bottom and would have gone up in subsequent years. Biagini said he had also believed there were more accounts than there are, which staff noted he had been informed about from the beginning. Director Amoroso pointed out that both Industrial Carting and BWRS had been asked how they could operate under their proposals before the contract was awarded and had both said that they wanted a foothold in the residential market, so were willing to accept the low return. Both staff and Biagini have already talked to Waste Management, which has said it is willing to continue collecting beyond the first of the year, if required. Biagini said he is still interested in the contract but would like to revise the rates in his proposal. He also indicated that the franchise fee is an issue. Director Bertsch thanked him for being forthright with the district. She recommended accepting lower liability coverage in future. The environmental impairment liability coverage will also be dropped.

--  Amoroso/Siedman      four ayes, Kayfetz absent     to ask Waste Management to continue service for another quarter and to ask the three original proposers to submit revised proposals

9.  Bolinas Lagoon Restoration Project

Director Amoroso noted that the restoration project, as conceived, has now been formally dropped and he suggested sending a letter to both recommend that public comment on the next project be accepted early in the process and to reaffirm the importance of including Seadrift Lagoon in the evaluation process. It was agreed that both issues were already sufficiently addressed. The status of the Freedom of Information Act appeal to the U.S. Army Corps of Engineers was discussed but, since the appeal has been made and is active, no further action was considered necessary.

10.  Resolution 482, stating policy concerning disposition of BCPUD-owned parcels

Director Amoroso asked that the language of the resolution be reworked to allow room for the District to sell property in cases where it deemed it in the public interest, not solely in cases of property with abatement problems. Director McClellan took issue with the wording for certification by a registered civil engineer.

To be reworked and continued.

11.  Renewal of Kaiser Foundation Health Plan Group Agreement for 2003

Staff has researched other health coverage possibilities to no avail. Once the December 25, 2002 payment is made the District is committed to the current plan for another year. The option proposed would cost the employees more.

--  Amoroso/Siedman      four ayes, Kayfetz absent     to adopt Kaiser plan 15-N and offer the employees the option of reimbursement by the District for the additional coverage costs, if they so choose, until the current MOU expires.

12.  Other Business

a.  Committee Reports

--  Alternative Energy:  request for additional committee member; project status

--  Amoroso\Bertsch     four ayes, Kayfetz absent     to appoint Chip Post to the Alternative Energy Committee

Bob Gold reported that the committee has met and is honing its proposal. He talked about the various benefits of private/public partnership in the windmill purchase, relating to tax-breaks and state buydown programs. He has also researched a state loan program, which would be necessary for the purchase of the windmill since the buydown only takes effect once installation is complete. He mentioned that a greater power demand than just the water treatment plant is necessary to meet the state requirements and that Commonweal is very interested in hooking up. The other BCPUD meters would not be eligible as aggregates. Gold put forward the idea of adding a hydrogen fuel generator that could be used to provide fuel for fuel cell vehicles. He said that net metering is separate from the buydown program; the accumulated demand is necessary only for the buydown program.

-- Finance:
-- Legal:

Orrick, Herrington and Sutcliffe has been ordered to release the BCPUD’s records, sixty boxes in all.

-- Mesa Septic, Roads and Drainage:

Staff will send a letter to Environmental Health Services endorsing the comments of Jennifer Blackman and Tom Williard, to the effect that comments on the septic policy Draft Framework Document should be made publicly available in full, not just as a summary, and revisions should be posted on the County’s website 30 days in advance of the January 2003 Board of Supervisors meeting where the DFD is are scheduled for approval.

-- Operations:

-- Park and Recreation:  Mesa Park: notice of January appointments to Board of Commissioners (2); availability of water meter for transfer to Mesa Park

The two BCPUD appointed seats on the Mesa Park Board of Commissioners will be up for reappointment in January. Robert Mowry has indicated he is interested in filling  one of them and is waiting till January to apply. Jack Siedman currently holds the joint BCPUD/School one.

Director Amoroso stated that he had attended a recent Mesa Park meeting where the topic of purchasing the second water meter belonging to the Bolinas Museum had been discussed. Manager Buchanan affirmed that that meter is now in suspension, with annual charges accumulating.. Director Siedman said that Mesa Park has written to ask the Museum if it would sell the meter. He said the Park is willing to raise the funds if a mutually agreeable price is settled on. He pointed out that the status of this meter is different from that of the Bolinas School’s second meter, in that it was used to serve a restaurant and several residents, which, due to deed restrictions, can never be the case again. In his view it is a viable meter subject to transfer. Director Amoroso stated that the legal opinion on the School’s meter applied also to this case; i.e., the water continues to be supplied to the same property. He said that his own situation is the same as the Museum’s and taking one meter out of service does not free up a new connection. Director McClellan said that the theory is the same as in the case of the School but in this case the consumption and the deed restriction are different. Amoroso said the restaurant has been defunct for twelve years. McClellan indicated that he thought one of the meters held by the Bolinas Community Land Trust was a more suitable source, since serving recreational purposes is one of the Land Trust’s missions. Siedman said the Land Trust has been asked and has indicated that it wishes to reserve its meters for affordable housing. The Museum is a willing seller and Mesa Park is a willing buyer. Amoroso said another legal opinion might be necessary. He expressed unwillingness to further involve BCPUD in Mesa Park affairs, such as taking over the accounting, etc. until the matter is resolved. Director Bertsch said that the Museum board had asked that the issue not be put on the BCPUD agenda until the January 2003 meeting when Museum board members can come to the meeting to discuss it. She added that the Museum is not seeking to establish the meter as transferable in order to sell it at an outrageous price.


 -- Personnel:

-- Sewer:  request for appointment to Path Options Committee

Nancy Macdonald has applied to serve as a pedestrian advocate on the Path Options Committee.

--  Bertsch/Siedman     three ayes, Amoroso abstains, Kayfetz absent      to appoint Nancy Macdonald to the Path Options Committee.

-- Solid Waste: Resource Recovery Project: financial report; minutes

The Board received the November financial report and the October 2003 minutes.

b. Minutes of November 20, 2002 Meeting

--  Siedman/Bertsch      four ayes, Kayfetz absent     to approve the minutes of the November 20, 2002 meeting.

c. Warrants

--  Bertsch/Siedman  four ayes, Kayfetz absent to approve the warrants.

d. Scheduling of Next Meeting(s)

January 15, 2003

13. Adjournment

9:52 p.m.