Point Reyes Light - August 12, 1999
Tomales votes on seceding from North Marin
Tomales will decide this week whether to make a clean break from North Marin Water District or launch a potentially messy lawsuit claiming that the water district has mismanaged the town's sewer system.
Roughly 160 households in the Tomales Village Community Services District - the newly formed agency that would operate the town sewer in North Marin's place - have received a ballot and an explanatory letter asking them to cast their vote by August 14.
Accepting the million-dollar sewer system in an "as is" condition is that last major barrier separating the Tomales sewer district from independence from North Marin.
However, directors of the Tomales sewer district note that the system needs an estimated $600,000 in repairs and argue that North Marin neglected both the system itself and getting state funds to make needed repairs.
Beyond the estimated cost of repairs, Tomales district directors have asked North Marin to provide it with a half-percent of the district's total assets because Tomales customers amount to a half-percent of the Novato-based district's total customer base, explained Julia Carrera, a Tomales district director.
But North Marin has told the Tomales district to take or leave its offer of the sewer system plus a cash balance of $131,440 in its operating budget.
Because the sewer system alone represents about 1.8 percent of North Marin assets, North Marin director Dennis Rodoni of Olema said the offer is a fair one, noting that North Marin policy is to have customers in its various service areas pay for operation of their own systems.
"From the district's perspective, they're asking all the other district customers to kick in and give them money to operate the system," he said. "Had we done the maintenance, they would have paid for it in monthly fees."
But considering that Tomales built the sewer system in the first place, the town deserves better from North Marin, said Carrera. "We believe that due to mismanagement, they owe the Tomales rate-payers compensation," she said.
Dissatisfaction with North Marin's management peaked when a pipeline break spilled one million gallons of effluent into Walker Creek. The accident ultimately cost all North Marin customers over $114,000 in damages to local oyster companies and in fines.
After the accident, many Tomales residents demanded that an independent contractor manage the system on behalf of North Marin. They also demanded that North Marin make long overdue repairs and carry liability insurance for the sewer while the town started proceedings to gain independence.
The question of whether to sue or just break away is now being put to the community. On the ballot, directors explain that one benefit of a clean break is that their operator, Phillips and Associates of Napa, can make immediate improvements to the system at nearly half of the cost of North Marin's estimates.
Should they file a lawsuit, however, townspeople risk losing their bid for independence, their sewer operator, and could encounter legal expenses of possibly $100,000 - one-third of which would be borne by Shoreline School District, the sewer's biggest customer.
A third choice - which directors are advising against - is to remain with North Marin. Considering that 107 residents signed a petition to break away, that option is unlikely to get much support, said director Carrera.
The advisory poll is non-binding. However, Carrera said it would be "scary" to defy community opinion. The poll results are set to be discussed when Tomales Sewer directors meet at 7 p.m. Tuesday, Aug. 17 at Tomales Elementary School.
Should Tomales accept its sewer "as is," North Marin's Rodoni said he hopes the transfer could be completed by Sept. 1. If Tomales does choose to remain with North Marin, he added, that's fine, too.