MINUTES
REGULAR MEETING
BOARD OF DIRECTORS
BEAR VALLEY WATER DISTRICT
Monday, November 16, 2009
Time: 1:00p.m.
Place: 441 Creekside Drive, Bear Valley, CA 95223
ROLL CALL: Directors present, President Ritchie, Directors Bissell, Director Davis, Director
Nelson. Director Orvis, absent with notice.
The Regular Board Meeting was called to order at 1:03p.m.
APPROVAL OF MINUTES:
The Minutes of August 17th page number 7 paragraph 3, corrected.
The Minutes for September 14th, 2009. Page 6, referring to the language of the main pump
station repairs in the regulatory record stated that the district has to protect it from floods, how
the district does it is not regulated. On motion by Director Davis and seconded by Director
Bissell the minutes for August 17th, page 6 and the minutes for September 14, were approved.
All in Favor.
The Minutes for October 19th, 2009. On page 4, the sequence discussed on the procedure of
the USDA loan was not correctly listed. The order was corrected. President Ritchie asked that
the sentience on Page 5, last paragraph the language on how many days the district has to
discharge under the NPDES permit to be stricken. Mrs. White wrote that the district had 10
days to discharge which was incorrect. And on page 11, under constituents testing requested
by Eco-Logic and on Page twelve minor corrections in breaking up paragraph. On motion by
Director Bissell and seconded by Director Davis the minutes for October 19 th, 2009 were
approved. All in favor 3, 1 opposed. Director Nelson opposed to approval since he did not have
enough time to read the minutes. Director Nelson asked Mrs. White if he could get a soft copy
of minutes within a week with all the corrections. Mrs. White stated that she should be able to
have this for him.
1
MINUTES
REGULAR MEETING
BOARD OF DIRECTORS
BEAR VALLEY WATER DISTRICT
Monday, November 16, 2009
PUBLIC COMMENT:
Gloria Dralla stated that she understood the election results were in and that Bruce Orvis is not
re-elected to the Board, and requested that the Board consider making him an honorary
member of the Board for his decades of service, his development of the sewer district and
community in Bear Valley. The Board thought it was a beautiful suggestion. The Board will put
this on the Agenda for the next Board meeting. A suggestion of a plaque in his honor was
mentioned, which an individual can contribute to but the District as a public agency cannot.
Martin Weginstein stated that he thought that the workshop was very productive and that
there is flexibility from the State as far as timing on the project goes and a good working
relationship with the district and RWQCB is apparent and there is more work ahead. Public and
the Board continued to discuss costs of the tertiary treatment project and rate increases. He
also mentioned the District developing a finance oversight committee. Board members also
discussed the loan payment for the outfall project and the 2010-2011 budgets. Barbara
Goodrich discussed the current balance sheet and asked if anyone has taking a closer look at
the budget and the current balance sheets.
Phill Coffman Director elect; thought it was inappropriate to discuss rate increases at this time.
Phill Coffman stated the current proposed rate increases basis are unsubstantiated and
recommended that rate increases be suspended until the new Board is seated. Also Phill
Coffman stated he would propose a plan of action to the Board at the next Board meeting and
to have this item put on the next agenda. Phill Coffman also discussed the current revenues.
Phill also confirmed that his first official board meeting will be the third Monday in December.
December 21, 2009. It was noted that the newly elected directors will be sworn in December
04, 2009 by Mrs. White.
Director Bissell stated that there are some items that are not on the current budget like the
chlorine tank to increase the contact time and engineering reports which will have to be added.
Julio and public discussed the levels and practices of applying chlorine to our system and
practices used in the bay area. Chloramines and bleach used in disinfection, and the discussion
of phasing gaseous chlorine out. Julio stated that gaseous chlorine has no sodium which is a
plus.
2
MINUTES
REGULAR MEETING
BOARD OF DIRECTORS
BEAR VALLEY WATER DISTRICT
Monday, November 16, 2009
OFFICE MANAGER’S REPORT:
Review of Financial Activity Reports for the month of November, 2009No Comment.
Request to pay accounts payable as requestedBoard President asked for clarification on Sheriffs dept bill, Mrs. White stated that it was for
diesel and gasoline and that it was for the prior quarter. Director Nelson had discussions with
staff on the bill to the general store. On motion by Director Davis and seconded by Director
Bissell the accounts payable in the amount of $42,389.11 were approved. All in favor.
GENERAL MANAGER’S REPORTS AND COMMENTSReview of Plant Operations-NovemberJulio stated that he would like to take care of items first that require Gary Ghio’s input.
Starting with the chlorine contact tank- Julio stated that this is a serious issue but thinks that if
we proceed we shouldn’t have any ramifications. We are working with Mike Arnold on this
project and the district has received three different bids. It will take six to eight weeks to
receive the tank but in the meantime we will be doing the ground work for the tank. Chlorine
contact time was discussed and Gary Ghio presented drawings to the board. The tank is going
to be 12,000 gallon pressured tank. Director Nelson asked how many months we can get away
with doing 30 gallons a minute. Julio stated we are buying time right now. When it gets to
100,000 gallons a day coming in we will have to transfer at four hundred gallons a minute.
Director Nelson then discussed our monthly testing. Julio stated we have to do testing every
two weeks. The Board discussed the use of the tank in the future. Rental tanks were discussed,
Gary stated that part of the problem is you have to be careful with the way it is mixed, and you
have to have the contents purely mixed.
Director Nelson then discussed procedures in our testing. Then the Board discussed violations
on testing procedures that the district is correcting. Barbara Goodrich essentially asked if there
were any extreme conditions that would prohibit us from continuing this project and making a
60,000 to 100,000 project useless to us next year.
3
MINUTES
REGULAR MEETING
BOARD OF DIRECTORS
BEAR VALLEY WATER DISTRICT
Monday, November 16, 2009
GENERAL MANAGER’S REPORTS AND COMMENTSReview of Plant Operations-NovemberPresident Ritchie stated that one way or another we are going to get the tank in place to be in
compliance. Julio agreed. Julio stated there are potentials for this tank in the future. Gary
Ghio stated that it will be 80 to 100,000 dollars when completed. Phill Coffman and Gary Ghio
discussed the design of the tanks. Gary stated it is the most economical way to go. Julio stated
depending on the ultimate solution we will end up zapping the discharge from the reservoir to
the creek this is a permanent fixture. It can be temporary or it will become part of the
treatment system for maintaining our land application under our Waste Discharge
Requirements. The details of how this is going to be put in were also discussed. Julio stated
that we are not quite ready for the preliminary engineering report we need to decide what we
are going to do before Gary can get started. Julio stated that the district is working with Mike
Arnold on the ordering and placement of the tank. President Ritchie asked for a motion to
declare this an emergency situation. On motion by Director Bissell, to declare this an
emergency project in order to meet the requirements of the Regional Board and authorize the
General Manager to complete this project and to use expert local forces to get the job done.
Director Davis seconded the motion. All in favor.
Phill Coffman asked for clarification on the motion, if this motion was to cover the tank or the
whole project. The answer was the whole project.
Director Davis stated this has to be in before the snow melts. Julio stated that he has talked to
Mike Arnold about getting out there as soon as we know which tank we are going with to start
the work on the footings. Director Davis asked if by chance, this is not in when the snow melt
starts and we have to pump with five minutes of retention due to weather related problems,
will we be subject to being fined. Julio stated that we will always be subject to being fined but
as long as we do what we can we should be looked upon favorably.
Director Nelson asked if we were in communication with Ken Landau on this item. Julio stated
that he took Ken Landau out there and has discussed the situation with him. Director Nelson
stated that realistically this is almost an impossible feat and Ken Landau has to realize that. Is
there any kind of grace period if we cannot get this completed by the time we need to. Julio
stated we need to operate with integrity.
4
MINUTES
REGULAR MEETING
BOARD OF DIRECTORS
BEAR VALLEY WATER DISTRICT
Monday, November 16, 2009
GENERAL MANAGER’S REPORTS AND COMMENTSReview of Plant Operations-NovemberDiscussion on the districts pumping techniques continuedJulio stated that if we have to pump faster then we will take representative samples that
represent our actual flow rate, and if it’s less than thirty minutes and we do not get a coliform
kill then we will have to report the results. As mitigation we can discuss this. Fortunately it is
not a NPDES permit. NPDES permits have mandatory penalties, Waste Discharge
Requirements are discretionary. Director Nelson stated that Julio triggered a thought. On
testing day could we reduce it down to 30 and move it back the next day. Julio stated no.
Director Nelson stated that they, the State are interested in the actual quality in the test. Julio
stated this is true but we are operating with integrity. Director Davis stated we are transparent
to the Regional Board. Whatever we do, we turn ourselves in for anything that is bad. Julio
stated that it is the only way to survive in this business. Director Nelson stated that he was not
suggesting anything illegal here. Director Davis stated that we are going to have to keep this
area plowed down to the ground. So we might have an additional expense. Phill Coffman
discussed the contact times with staff regarding the six inch pipe. Phil Coffman stated that
Julio’s actions so far have been right.
This item moved to be covered by Gary GhioUpdate on the USDA Loan ApplicationGary stated that the preliminary application has not been submitted yet. So the USDA is funded
by the federal government every October. So you can apply every year. So there is no
deadline. They are not changing their criteria for grant loan percentages.
Rate Study and Service fee cap, Letter’s from Barbara GoodrichJulio asked if the board is still planning on going forward with this. President Ritchie stated
that he would like to address this, Director Nelson asked if he should excuse himself from this
matter since if there was a rate cap Director Nelson would be one of the residents affected,
which he did.
5
MINUTES
REGULAR MEETING
BOARD OF DIRECTORS
BEAR VALLEY WATER DISTRICT
Monday, November 16, 2009
Rate Study and Service fee cap, Letter’s from Barbara Goodrich-continuedPresident Ritchie stated the great majority of our operating expenses 85 to 90% are such that
they should be equally spread among all our users. We have staff that has to be here whether
or not you have water coming out of your house, insurance costs to pay whether you are using
the water or not, a lot of the water that we actually dispose of in our spray fields probably up to
80% counting Inflow and Infiltration in the system, plus (I&I) in the reservoir, is not coming from
the houses. And that 80% of disposed water should be equally paid for by the rate payers and
not determined by the sizes of their house, because it makes no difference what the sizes of
their houses are or what the size of their business is.
President Ritchie stated that he thought going with a flat rate is the proper direction to go.
Looking at the water flows 10 to 15 % we actually have a cost bearing on the way we currently
have our rate structure, it is based on a service unit.
The actual residence equivalence is based on three service units (minimum) and if you factor in
a residence with an apartment which is being charged two actual residents sewer service fee
charges which are six service units. President Ritchie proposed we grant the request.
The request was to put a cap on sewer service charges for residential properties at six sewer
services units per property maximum.
Barbara Goodrich asked if a longer term study would be engaged spreading costs among all the
rate payers, President Ritchie stated yes but in the short term he supported her request.
Director Davis said he felt differently; the rate structure was set up a long time ago envisioning
different levels of houses. Director Davis did not believe that we should have an open end to
where a large house would contribute the same as a more conservative size house.
6
MINUTES
REGULAR MEETING
BOARD OF DIRECTORS
BEAR VALLEY WATER DISTRICT
Monday, November 16, 2009
Rate Study and Service fee cap, Letter’s from Barbara Goodrich-continuedDirector Davis stated he thought the rate structure is fine the way it is. Director Davis explained
further.
Director Bissell asked staff if this is covered under and ordinance and that being the case we
would have to have a public hearing to change it. Julio stated this is why he brought this up in
case the board needed to give Gary Ghio any direction in this matter.
Phill Coffman stated that what the board might have Gary do is a comprehensive study on rate
mechanisms. There may be a rate structure that we have not discussed that might work for
the district and come up with one that is the most fair. President Ritchie stated that not all the
residences within the District are metered.
Gary Hinman stated that the average water use per cabin owner at Lake Alpine is 800 gallons
per year, which is what they are putting into the system. This does not include infiltration.
Director Davis stated that if we did not charge ratepayers who are never here, but charged the
few people that are here in Bear Valley full time, Bear Valley residents would never be able to
afford to run the sewer district.
Gary Hinman stated the district should figure what their costs are; figure out what you need to
operate and that number should be divided amongst the rate payers. Figure out your formula.
Then you have a weighted formula based on what your water use is. And two things going into
your rate structure should not be based on how many bathrooms you have, you will have
something that is based on two elements cost and operation. It might be higher than it is right
now but it would be fairer.
Phill Coffman stated that in his earlier discussions he wasn’t proposing any particular solution
what he was proposing is a cold hard objective look from the engineer and propose from
amongst the alternatives available to us a rate structure that makes sense and is fair. What I
have heard here is three different solutions and this board shouldn’t be making solutions they
should be making policy and directing people that have the expertise in these areas to help set
up these things and then you decide what is right. If you jump to a solution it is usually wrong.
Julio stated that the metering from the Lake Alpine Basin and the ski area need to be tightened
up. As part of this process that is being discussed.
7
MINUTES
REGULAR MEETING
BOARD OF DIRECTORS
BEAR VALLEY WATER DISTRICT
Monday, November 16, 2009
Rate Study and Service fee cap, Letter’s from Barbara Goodrich-continuedGary Ghio asked President Ritchie if all the residents that we serve were metered. The answer
was no. And then asked what the situations were for meters in the Lake Alpine Basin area.
Director Davis stated that everyone on the Board has a conflict of interest to this issue, and
stated the rate structure should stay the way it is. Barbara Goodrich stated that thinking that
they have a big house they should pay for it has been going on for years and years and it has
gotten astronomical and we now have absolutely objective and verifiable evidence that the
usage is not supported by the size of the home or number of bathrooms and the numbers of
kitchens. She stated that Gary Hinman mentioned propensity of use or realistically who is
inclined to use the system, it is people that live here full time or rent out their homes or people
that have large families. I am not even quarrelling with all of this, I am just saying please, that
you have ended up with an extremely illogical un-prove able outcome. Can we see a rate study
and stop the bleeding. Barbara stated I do not use the system three times more than you do
Director Davis. Director Davis stated having a vacant house and a vacant apartment that is not
available for housing to the people that want to live here is a luxury. This town wouldn’t be, if a
lot of wealthy people hadn’t come here to build houses. And have a second home. There are a
few of us that only have one home here, this is my only home and I do not have second a home.
Director Davis stated that Barbara is encouraging the board to do a study and that he is
encouraging the board not too. Gary Ghio said he would need direction.
Gloria Dralla stated that she assumed the study would cost the district money and it seems that
if there has been a specific proposal on a project and then to change the rate, know the number
of customers that you have, I think it would be better to put the proposal on an excel
spreadsheet, compare the two. Check the two against each other and see how it comes out.
Do it the way it is done now and compare it the other way. Board and Staff continued to
discuss the process. Gary Ghio stated that doing a Rate Study you would have to do a full
blown study. If it was simple and you could base it on a fixed cost then it would be simple, then
it is driven by an ordinance, the cost would be about $5,000.00 for a full rate study.
This item will be carried over. Director Bissell stated that it would be truer to bring this up
when some of the Board changes hands next month and to keep this on the agenda.
8
MINUTES
REGULAR MEETING
BOARD OF DIRECTORS
BEAR VALLEY WATER DISTRICT
Monday, November 16, 2009
GENERAL MANAGER’S REPORTS AND COMMENTSReview of Plant Operations-NovemberJulio stated that Steve Mikesell was laid off as of October 28, 2009. Also the 15 of October we
started pumping into the reservoir and moved about 1.2 million gallons into the reservoir so
far. Last Thursday CCWD came up and installed the float system which was a project Steve had
started a year ago and it was sad that he wasn’t here to see it.
On the outfall project, Matt Boring came up and made a correction on the instrumentation.
Julio stated he learned more on the flow formula that Eco-Logic was using. John Dralla and I
have corresponded on this and he has been interested in this as well. The formula had an error
in it. Julio stated that a hydrologist took a look at it and figured out that it was missing an
operator. Now we completely understand the formula. The formula is the distance from the
bridge height to the surface of the water. As that height shrinks the flow rate goes up and they
have targeted it at a .8 of a foot. About a nine inch span from where the flow would jump from
about 2.5 million gallons a day to 32 million gallons a day. If we are authorized to discharge up
to 2.5 million gallons a day with a 20 to 1 dilution rate than why does the formula only go to 32
million gallons a day and why do we not have the benefit of it showing the full 50. Director
Davis asked if the system is capable of moving 50 million gallons a day. Julio answered yes. But
right now we can only record 36 million gallons a day.
Balance Hydrology did a detailed study on the flood plain and has a lot of information that we
can use and can fill in the gaps on the 50 million gallons. So they are checking on the details
and we can get the windows expanded to fully accommodate our permit authorization. Julio
stated that they worked off of the survey that Eco-Logic performed and Julio stated that he
needed to get those results. Julio stated Eco-Logic hasn’t responded as of yet. Board and staff
discussed the cross sections of the bridge. Then we will have to get Matt Boring back here to
adjust the formula in the PLC. Julio then asked Mrs. White what the status of the check that
was written to Eco-Logic that Bill Perley tore up from one of their visits. Mrs. White stated that
she hasn’t heard anything from anyone.
Julio stated that he has taken Ken Landau out there and they had discussions about sampling
safely. And Julio stated what the status was. Also that Julio had a message from Mike McGrew
9
MINUTES
REGULAR MEETING
BOARD OF DIRECTORS
BEAR VALLEY WATER DISTRICT
Monday, November 16, 2009
that the new board members and the current board should take part in Brown act classes.
GMR&C continuedThe Board felt that they should take legal counsels advice, and maybe set it up for the morning
of December 21, 2009. Mrs. White said she would check with Dan Schroder. Julio stated that
some of the districts liability for accrued vacation is down.
UNFINISHED BUSINESS:
Update on the Forest ServiceJulio stated that he had made introductions with Patty Clarey of the USFS. Asked If there was
anything that she needed from us. And wanted to ask the Board what the time schedules as far
as our lease permits were for the spray fields and what we need to address with the Forest
Service. Director Davis asked if there was any communication with them on land issues. The
Board discussed the issues of our 2011 land lease permit which will expire. And then there is
the permit that expires in 2015.
The Board discussed negotiating with the Forest Service in wet years. The different sections of
leased land that the district uses, some areas are used more than others.
President Ritchie stated that the third issue is the service charges between the District and the
Forest Service. In 1976 when the sewer line was put in at Lake Alpine for the Forest Service the
contract was for 10 years, it expired in 1986 the District ever since then has been periodically
negotiating with the Forest Service to draft a new contract for the present time.
(The District has worked with Legal Counsel this last summer on the old contract language and
what needs to be in the new contract.) Another issue discussed was that we need updated
drawings of the collection line in the Alpine Basin. President Ritchie asked what the situation
was in Sonora and how the Forest Service pays their Sewer Service Rates there. Julio will talk to
TUD directly.
Update on revision on Resolution No. 469 Revisions on the personnel manualThis item will be carried over.
10
MINUTES
REGULAR MEETING
BOARD OF DIRECTORS
BEAR VALLEY WATER DISTRICT
Monday, November 16, 2009
NEW BUSINESS:
Discussion and possible Board Action regarding accelerated meeting scheduleDirector Nelson thought that since there were new board members could use extra time and
opening the doors to the public. And that we were in critical times right now and meeting for
four hours a month was not enough. And that maybe our salaried manager could meet with us.
President Ritchie stated that under the Brown Act no more than two can attend. Director
Bissell stated it is never simple, because of the Brown act. Director Davis stated now that we
have a general manager the board is now doing less on management and Julio is doing more.
Director Davis stated the way to come up to speed is to come in and talk to Julio to bring you up
to speed. Gary Ghio the engineer and Julio will be bringing items to the Board and then say
yeah or nay. The Board needs to trust in Julio. Director Davis said he didn’t think that meeting
on Sunday’s would work. Phill Coffman said you can create committees on any issues or on
basic policies. You do not need all five board members working on an issue. Then different
committees and actions were discussed.
President Ritchie said Phill Coffman could bring a list back to the Board on select committees.
The Board still came back to the discussion of daily management. Director Nelson stated that
as long as these meetings are it is still not detailed enough. Phill Coffman stated that would
always be the case; it is in the data that is presented to the Board that is important. The
persons that have the expertise work out the details than it is presented to the board to make
the decisions. President Ritchie said getting back to the issue of scheduled meetings, Director
Nelson said that maybe we should hold off on this, and this might be a little premature. Does
the Board want to have another meeting before the next regular board meeting which will be
held December 21, 2009 at 1:00p.m. And plus there is a Brown Act Class scheduled for 11:00
am before the regular board meeting on the 21st.
Martin Weginstien thought that having some of these committees were a waste of time and
that meeting with the general manager is better to bringing someone up to speed. Committees
have a way of taking on a life and it is very hard to end a committee. And they cost money.
Need to have a clear objective.
11
MINUTES
REGULAR MEETING
BOARD OF DIRECTORS
BEAR VALLEY WATER DISTRICT
Monday, November 16, 2009
Director Nelson stated that the next few months are going to be very important. President
Ritchie stated that the next regular Board meeting is December 21, 2009 and this item will be
discussed again. Phill Coffman wanted his plan to the Board to be put on the next agenda.
Update on Bear Valley Water District ElectionPresident Ritchie stated that everyone present is aware that Bruce Orvis’s term ends on
December the 4th and that the District will have a new Board Member elect Phill Coffman.
Update on Community Out Reach on Treatment SolutionsGloria Dralla stated that there was a lot of interested parties at the public meeting that was
held at the Perry Walther Building but that there is even greater interest out in the community
that didn’t show up at the meeting and thought it was due to the advertizing of the meeting.
And Gloria thought it was a very important meeting to be heard with their own ears.
And if we are going to do it in future we should get the word out better. Julio said that we
should do a digest of the meeting. Director Davis said that Ken Landau stated the Julio was
optimistic. Then the Districts web site was discussed. Ask the rate payers if they are interested
in providing their e-mail to the district or list our web site on an invoice. Eric thought that the
one committee that the districts needs public information committee. Need to make it bullet
proof. Only way to reach the masses is by snail mail. Director Davis stated what about a news
letter. President Ritchie asked the cost of sending out letters. Mrs. White stated about
$400.00. The Board stated that they will talk about the committees at the next meeting.
BOARD MEMBERS REPORTS AND COMMENTS:
President Ritchie explained the letter the district received from Bank of America. The district is
thinking about opening an account with Bank of America to do our deposits locally; then
sending a check to our F&M bank account once or twice a month. Last summer the auditor
stated that sending the deposits in first class mail was not a good method and that our deposits
should go by certified mail. Certified mail cost around $6.85 dollars per deposit depending on
the weight. Mrs. White stated that she has spent over $50.00 this quarter so far to send
certified mail. Staff and the Board discussed different options available to us. Phill Coffman
suggested checking with the bank to ask if they have a collection service. Eric Jung also
commented that the District could check with Pacific State Bank as well. This item will be
carried over to the next Board Meeting.
ADJOURNMENT: On motion by Director Davis and seconded by Director Bissell seconded the
motion to adjourn. All in favor.
12
MINUTES
REGULAR MEETING
BOARD OF DIRECTORS
BEAR VALLEY WATER DISTRICT
Monday, November 16, 2009
APPROVED BY; ______________________________
BOARD SECRETARY
Next Board Meeting December 21, 2009 @ 1:00p.m.
13