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MINUTES


BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT

BOARD OF DIRECTORS

BROOKTRAILS COMMUNITY CENTER

24850 Birch Street, Willits, CA 95490

April 27, 1999

The Board of Directors of Brooktrails Township Community Services District
met in regular session on April 27, 1999 at 7:00 p.m. in Brooktrails Community Center.


A. PLEDGE OF ALLEGIANCE


B. ROLL CALL

Roll call showed the following Directors present: Eads, Estabrook, Orth, Whitney and Skezas. Also present was General Manager Williams.

C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
Director Eads asked that his report listed as item 2 under "Planning" be included as part of the discussion of "Action Agenda" item number G5.

D. MINUTES OF PREVIOUS MEETINGS
1. April 13, 1999
Director Orth moved to approve the minutes of April 13th with a change to paragraph 6 of page 2857, which should read "Director Orth explained that the franchise fee is available to provide a garbage Budget which can be established by Board policy." Motion to approve was seconded by Director Eads and the motion passed unanimously.

Note: District Counsel Neary arrived at 7:03 p.m.


E. PUBLIC
COMMENTS
Tom Allman from the County Sheriff's office reported that two police officers have moved into Brooktrails. He recently drove the road from Laytonville to Sherwood Road and found it to be in excellent condition for use as emergency access. Also, he assured the Board that the passage of Proposition 215 would not result in allowing marijuana plants to be grown in Greenbelt areas.


F. PUBLIC
HEARING

2. CONSIDERATION OF RESOLUTION FIXING WATER AVAILABILITY CHARGE FOR FISCAL YEAR 1999-2000; RESOLUTION WOULD FIX THE WATER AVAILABILITY CHARGE AT $30 FOR NON-METERED PARCELS; $5 FOR METERED PARCELS; (NO CHANGES PROPOSED) AND SET A PUBLIC HEARING DATE FOR JUNE 29 ON THE REPORT CONTAINING A LIST OF ALL PARCELS SUBJECT TO THE WATER AVAILABILITY CHARGE FOR FISCAL YEAR 1999-2000.

General Manager Williams summarized the proposed resolution. President Skezas opened the public hearing at 7:09 p.m. Hearing no comments he closed the public hearing at 7:10 p.m.

Director Orth moved to approve Resolution No. 1999-12, a Resolution Fixing Water Availability Charge for Fiscal Year 1999-2000, seconded by Director Whitney. The vote was taken as follows:

AYES: Directors: Eads, Whitney, Estabrook, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
Resolution No. 1999-12 adopted.

3. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE ON CERTAIN PRIVATE PARCELS LOCATED WITHIN THE DISTRICT; HEARING TO CONSIDER OBJECTIONS AND PROTESTS REGARDING ABATEMENT OF HAZARDS.

General Manager Williams stated that since the report was prepared one protest was received by mail from Clare Holmes, number 57 on the Board List, asking for a one month continuance. If the Board grants that request, and she does not abate the lot, the parcel could be added to the list in the fall. About 40 other lots have been completed, bringing the total lots to be abated to 106. A revised list was provided for Board review. With reference to a map on the wall of parcels to be abated which was provided by Chief Thomen, General Manager Williams pointed out that lots 23 through 30 are the Lodge parcels. Two bids were received for that area, one totaled about $1,000, the other was over $10,000. Subsequently, the low bidder sent a letter withdrawing his bid on those properties. He noted that the owner is currently working on the parcels and, as this would be a large expense for the District to absorb this year without prospect of recovery through the lien process, he suggested that the Board may chose to defer abatement on those properties for a year to see if the owner completes the project on his own. President Skezas opened the public hearing at 7:14 p.m. Robert Terry of Poppy Lane came forward and voiced his concern about repeat offenders. No other members of the audience wished to speak, and the public hearing was closed at 7:15 p.m. President Skezas asked the Board for comments on the letter requesting a one month continuance. Director Orth moved to remove lot 57 from the list, and grant the one month extension. Director Eads suggested leaving the lot on the list and advising the owner that if the work is completed prior to our contractor arriving, there would be no lien, and that she has the option to contact the contractor direct. Director Orth then amended his motion and moved to leave lot 57 on the Board list, and send a letter to the owner advising her of her options. That motion was seconded by Director Estabrook and passed unanimously. President Skezas then asked for comments on the General Manager's suggestion to remove lots 23 through 30, the Lodge parcels, from the list for one year. Fire Chief Thomen, who was present in the audience, felt that it would be reasonable to do so because the owners were in the process of clearing around the structures. Director Orth moved that lots 23 through 30 be removed from the list, and abatement of those lots be deferred for one year. Director Eads voiced his concern about preferential treatment of large property owners and felt that advance notice to all owners of large parcels would be in order prior to the abatement process, to make them aware that the program is being implemented. Fire Chief Thomen stated that he had been in verbal contact with the Lodge owners for a period of about three years. Director Whitney suggested land owners contact CDF for information on a recently initiated program that assists property owners with the establishment of fire breaks.
Director Estabrook asked for clarification of the collection process, as it relates to the tax lien. He made it clear that he intended to reject the bids on lots 23 through 30, and moved to leave lots 23 through 30 on the list and approve Resolution No. 1999-13. Director Orth withdrew his earlier motion, and seconded the motion now on the floor. Mark Lanz from Timberlake Tree Service came forward and suggested, as a cost savings measure, that the Board consider doing just the three Lodge lots that presented the most concern to structures. With the aid of the wall map, he reviewed each lot with the Board and pointed out the areas he felt were of greatest concern.

President Skezas suggested that dividing the abatement of larger properties over a period of years would ease the burden of the cost, both for the District and the property owner. He then called for a vote on the motion which was taken as follows:

AYES: Directors: Estabrook, Orth, Skezas
NOES: Directors: Eads
ABSENT: Directors: None
ABSTAIN: Directors: Whitney
Resolution No. 1999-13 adopted.


G. ACTION AGENDA

4. CONSIDERATION OF A RESOLUTION APPROVING MODULAR HOUSING DESIGN GUIDELINES AND SITE DEVELOPMENT STANDARDS.

General Manager Williams introduced District Architect Robert Axt, who has served the District in that capacity since 1970. He explained that Mr. Axt has been asked to develop guidelines to follow so that modular housing will better conform with the unique characteristics and difficult terrain of Brooktrails. The proposed guidelines were approved by the BARC on April 6, 1999. Mr. Axt explained that one of the problems of modular housing is that the plans being submitted do not always accurately represent the finished product. He noted that the guidelines as submitted in the Staff Report had been modified at the BARC meeting to include the requirement of gutters on all eves. He provided an item-by-item review of the proposed guidelines and expressed his concern about the excessive removal of native vegetation. He clarified that there are no requirements in these guidelines that are not required of any other construction, they simply assure that these units meet the standards set by the Specific Plan. Director Eads commented that he would like to see modulars designed to better blend with the surrounding custom built houses. Director Whitney wanted to be sure that the guidelines established protect the homeowner, as often they do not receive what was ordered from the manufacturer. He suggested using the term "manufactured housing" as opposed to "modular housing," to be consistent with existing State and County ordinances. He proposed that the language used for Section A, Item 9 be the same as the County's ordinance Page 4 Item D, "Materials and Colors," and asked that under Section C, Item 6, any trees required to be removed include trees which must be removed along the access route. Director Estabrook expressed his appreciation to Mr. Axt for the work he has done on this project. He asked District Counsel Neary to provide him with a copy of the State statute which mandates that manufactured housing be allowed, and stressed the need for effective enforcement of these standards when adopted. Director Orth noted his concerns on the operations to move the units on to the lot, as he has seen damage done to county roads and adjoining property. General Manager Williams commented that the changes requested would be incorporated into the guidelines, and the matter will be brought before the Board at the next meeting.


5. CONSIDERATION OF A DRAFT LETTER TO MS. LENA ASHLEY, CALTRANS PROJECT COORDINATOR FOR THE WILLITS BY-PASS, MAKING VARIOUS RECOMMENDATIONS AS TO THE POSSIBLE SIZE OF THE PROJECT AND THE ECONOMIC FEASIBILITY OF ALTERNATIVES.

General Manager Williams stated that at the March 9th meeting, Director Whitney submitted information on the alternatives being considered for the Willits By-pass, and asked for an agenda item to transmit this information to CalTrans. Since that time, the PDT has met and it seems that CalTrans is aware that a number of the alternatives are beyond the Budget allocation. They have eliminated alternatives and are discussing the possibility of spreading the project costs over several STIP cycles. He felt that it may be premature to submit the information at this time, but will continue to monitor the situation and report back to the Board as things progress. Director Eads, who attended the recent PDT meeting, reported that CalTrans had eliminated two of the alternatives being considered, and proposed budgeting for the construction in sections termed "nodes." Concern was expressed by Fish and Game about deleting the East Valley alternatives, and the impact that would have on the wetlands. With the aid of the overhead projector, Director Whitney presented charts outlining the costs of the various alternatives. He expressed his doubt about the feasibility of the "node" construction proposal and asked that a letter and a copy of the chart be sent to the CalTrans Project Manager. He presented a draft letter that he had written to the Board members for their consideration.

BREAK at 8:57 p.m.
RECONVENE at 9:00 p.m.

President Skezas asked for comments on the proposed letter. Director Eads felt that the Board should not propose elimination of an alternative due to budget concerns, as suggested in the letter, although he is in favor of sending a letter addressing the transportation needs of the District. Director Estabrook indicated that he had conducted his own analysis of the impacts of the various alternatives, including cost, and provided copies of a chart he had prepared to the other Board members and members of the audience. His research indicated that alternative K2, which was eliminated, had fewer negative impacts that E3, which was not. He felt that a letter stating the Board's concerns about alternative E3 should be sent to CalTrans as soon as possible. Director Orth felt that sufficient data was not yet available for the Board to be able to make a recommendation for elimination of an alignment. However, he felt that it is important to be involved in the process and attempt to direct the project in such a way that Brooktrails' needs are addressed, especially as it relates to the second access and connection to the interchanges. President Skezas also felt that the letter was premature. He felt the Board's input would be more effective if it were given after CalTrans has a chance to develop the draft EIR next year. Director Estabrook asked if minutes were taken at the recent meeting with the City of Willits which was attended by Director Eads, General Manager Williams and President Skezas, and if he could obtain a copy. He requested that whenever a Board member attends a meeting, a summary be written and provided to the other members of the Board. After a brief discussion, it was decided that the letter would not be sent at this time, and that the issue would be brought before the Board after the next meeting of the PDT.


6. CONSIDERATION OF AWARD OF CONTRACT; BID OPENING
WAS APRIL 16; TO ABATE 128 LOTS OF PUBLIC NUISANCES (WEEDS, GRASSES AND OTHER COMBUSTIBLE VEGETATION.)

General Manager Williams commented that four bids were received this year, although each contractor did not bid on every lot. A spreadsheet analysis of the bids was provided to the Board indicating the low bidder on each lot. $25,000 has been budgeted for this program, and the cost is expected to remain within budget when completed. As previously mentioned, only 2 bids were received for lots 23 through 30, the Lodge properties, one totaled $1,490 and the other $11,366. The low bidder then withdrew his bid by letter which was received on April 26th. General Manager Williams stated that the Board is ready to move forward with the award of contract, on the advice of District Counsel Neary to compel Family Tree Service to live up to their bid. District Counsel Neary questioned the basis of someone withdrawing their bid after the bid opening. Director Eads voiced his concern about not giving owners of large parcels advance notice and the chance to establish their own maintenance schedule. General Manager Williams pointed out that they were notified of the Public Hearing held earlier in the meeting, which was their opportunity to protest the abatement. Director Orth suggested that the bids for lots 23 through 30 be included on the list of lots to be abated, but that they not be awarded in this contract procedure. Director Estabrook asked the Fire Chief if the Lodge lots presented imminent fire danger this summer. Chief Thomen confirmed that lots 23, 24, and 25 were in need of abatement this year. In view of that fact, he felt those lots should be included. Director Whitney pointed out that some of the lots in question are not necessarily large parcels, but are extremly overgrown. They have rental units on them and are downhill from other homes along Sherwood Road, presenting fire danger to adjoining lots. He was not in favor of holding Family Tree Service to their low bid, since it was obvious that they did not look at the properties. He would prefer that the contract go to Timberlake, allowing the owner one month impliment abatement on their own. President Skezas stated his apprehention about the integrity of the contractor that withdrew a portion of his bid after the opening, and doubted the credibility of the entire bid. Director Whitney made a motion to accept the bids from the low bidder on each lot, with the exception of lots 23 through 30, which will be awarded to Timberlake if not completed by a time deemed reasonable by the General Manager and Fire Chief. The motion was seconded by Director Orth. Director Estabrook stated that his preference, because of the cost involved, would be to abate only lots 23 through 25, and asked Director Whitney to amend his motion accordingly. Director Whitney agreed to do so, and Director Orth seconded the amended motion. President Skezas commented that because of his feelings about awarding a contract to a contractor of questionable credibility, he would vote no on the motion. Mark Lanz, Timberlake Tree Service, inquired how much time would be given to the owner of the property. He was concerned about being able to complete the work on short notice prior to the completion date, and also that fire season would commence on June 1st. General Manager Williams suggested sending a letter to the current manager of the property to notify him that the contractor will be following his normal schedule and their efforts should be focused on lots 23 through 25.

 

The vote on the motion was taken as follows:

AYES: Directors: Estabrook, Whitney and Orth
NOES: Directors: Eads and Skezas
ABSENT: Directors: None
Motion carried.

7. CONSIDERATION OF A RESOLUTION ACCEPTING DONATION OF ONE LOT ON PORRO COURT
FROM BRIAN SWARTHOUT.

Director Orth moved to adopt Resolution No. 1999-15, A Resolution Accepting Donation of one lot on Porro Court from Brian Swarthout, seconded by Director Whitney.

The vote on the motion was as follows:

AYES: Directors: Eads, Whitney, Estabrook, Orth and Skezas
NOES: Directors: None
ABSENT: Directors: None
Resolution No. 1999-15 adopted.

8. CONSIDERATION OF A RESOLUTION ACCEPTING DONATION OF THREE LOTS FROM JUDITH DODSON; ONE ON DOGWOOD LANE, ONE ON RIDGE ROAD AND ONE ON IRIS DRIVE.
Director Orth moved to adopt Resolution No. 1999-16, a Resolution Accepting Donation of Three Lots from Judith Dodson, One on Dogwood Lane, One on Ridge Road, and One on Iris Drive, seconded by Director Eads. The vote on the motion was as follows:

AYES: Directors: Eads, Whitney, Estabrook, Orth and Skezas
NOES: Directors: None
ABSENT: Directors: None
Resolution No. 1999-16 adopted.
District Counsel Neary pointed out that the Grant Deed was signed by the mother of three minor children because of a conservatorship established. However, this represented a very small percentage of ownership in the property.

9. 1999-2000 DRAFT BUDGET PRESENTATION AND REQUEST TO SCHEDULE A PUBLIC HEARING FOR JUNE 8, 1999.

General Manager Williams presented each Board member with a copy of the preliminary Budget for Fiscal Year 1999-2000. He noted that in developing this Budget, focus had been on building reserves, as discussed at the annual planning meeting in February. He provided a brief review of the anticipated expeditures and noted that he did not expect it to be necessary to increase the Special Fire Tax this year.

10. PRESENTATION OF THE DRAFT FIVE-YEAR CAPITAL IMPROVEMENT PLAN UPDATE AND REQUEST TO SCHEDULE A PUBLIC HEARING FOR JUNE 8, 1999.

The Five Year Capital Improvement Plan Update was included in the booklet described above, and General Manager Williams explained that he expects reserves to be available within the next few years to provide the funds needed for the projects outlined in the plan. He commented that he was looking forward to discussing these items with the Board at the upcoming Budget workshops in May.


H. SPECIAL REPORTS - THE GENERAL MANAGER.

i. Significant Correspondence received since last meeting:
A notice had been received from Harry and Eileen Peters concerning a proposal to add 15 foot antennas to their existing monopole, 500 feet off of the end of Ridge Road to the West. Director Whitney voiced his concern that, because of FAA regulations, this may inclued a flashing red light. General Manager Williams offered to send a letter of concern, and to attend the public hearing on May 6, 1999.

ii. Personnel

iii. Finance

iv. Planning
Directors Estabrook and Whitney agreed to defer their report on the Special Districts Conference until the next meeting.

v. Possible upcoming agenda items

vi. Other

I . PUBLIC COMMENTS

None


J. ADJOURNMENT

Director Orth moved to adjourn and President Skezas declared the meeting of April 27, 1999 closed at 10:45 p.m.


PAUL A. WILLIAMS
Secretary to the Board of Directors


GEORGE C. SKEZAS
President

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