MINUTES

A. PLEDGE OF ALLEGIANCE

B. ROLL CALL

Roll call showed the following Directors present: Eads, Whitney, Estabrook, Orth Skezas, Venturi and Monteleone. Also present were General Manager Williams, District Counsel Neary, and District Architect Bob Axt.

C. REPORT ON ELECTION RESULTS

General Manager Williams reported the District was in receipt of a transmittal from County Clerk Marsha Young, certifying the election. Votes cast were as follows: Richard Venturi-374, Susan Monteleone-375. Motion to receive and file the report was made by Director Estabrook, seconded by Director Orth. The vote was unanimous in favor of the motion.

D. SEATING OF THE MEMBERS - RICHARD VENTURI& SUSAN MONTELEONE

New Board members Richard Venturi and Susan Monteleone were seated.

E. BOARD REORGANIZATION

General Manager Williams asked for nominations for the new Board President.

Director Monteleone nominated Director Whitney. There being no other nominations, General Manager Williams closed the nominations for President and Director Whitney's nomination was approved by the following roll call vote:

AYES: Directors: Orth, Estabrook, Venturi, Monteleone

NOES: Directors: None

ABSTAIN: Director: Whitney

Having received the gavel, President Whitney opened nominations for Vice President. Director Orth nominated Director Estabrook. There being no other nominations, President Whitney closed the nominations for Vice President, and Director Estabrook's nomination was approved by a unanimous vote.

F. SPECIAL PRESENTATIONS

A Resolution of Appreciation to out-going Director Randall E. Eads was read aloud by General Manager Williams. Director Eads took the podium and, stating anticipation of diversity and a difference of ideas amongst the new Board members, he encouraged the new Board to put aside any personal views they may have, and work together for the benefit of Brooktrails. He expressed his gratitude to the Board, confirming that he had enjoyed the time he spent in office.

A Resolution of Appreciation to out-going Director George C. Skezas was then read aloud by General Manager Williams. Director Skezas thanked the Board for their recognition.

G. COMMITTEE APPOINTMENTS

President Whitney volunteered to serve on the Caltrans PDT, Director Estabrook will remain assigned to the One Town-One Vision committee, and Director Venturi agreed to serve on the Solid Waste Task Force. It was suggested that the formation of any new committees be done at the beginning of the next year.

H. ADDITIONS/ADJUSTMENTS TO THE AGENDA

Director Orth asked that Director Estabrook's report on the impact of lot reduction programs on water and sewer rates be deferred to a future agenda. Director Estabrook agreed, but felt that he would like to hear any questions or comments from fellow Board members on the subject.

I. MINUTES OF PREVIOUS MEETINGS

November 9, 1999

Director Orth moved to approve the minutes of November 9, 1999 as written, seconded by Director Estabrook. Vote on the motion was as follows:

AYES: Directors: Orth, Estabrook, Whitney

NOES: Directors: None

ABSENT: Directors: None

ABSTAIN: Directors: Venturi, Monteleone

J. PUBLIC HEARING

None

K. PUBLIC COMMENTS

Robert Terry of Poppy Lane came forward. He suggested sending a letter of thanks to the County Department of Transportation for the recent re-paving of Poppy Drive and Primrose Drive. He also asked the Board to consider using the Design Review Committee to help revise the standards for single family residences, and asked that any revisions to the BPOA annual telephone book be submitted as soon as possible.

L. ACTION AGENDA

3. CONSIDERATION OF CLAIM FILED BY MR. PHIL HURST IN THE AMOUNT OF $75 FOR COSTS INCURRED DUE TO SEPARATION OF THE SEWER LATERAL IN THE STREET.

General Manager Williams explained that a sewer backup had occurred at 2597 Poppy Terrace. The owner had the sewer line to his home cleared and the line from his house to the street examined by camera. The problem was due to a separation of the lateral in the street, which was District responsibility.

Director Orth moved to approve the claim for camera expenses of $75, seconded by Director Venturi. President Whitney noted for the record that Mr. Hurst, the owner of the property, paid for the clearing of his line and was asking for camera expense reimbursement only. A vote on the motion was taken which passed unanimously.

4. CONSIDERATION OF A DEED OF ACCESS EASEMENT WITH RUTH ROCKEFELLER AND DONALD AND CARMELA BELL FOR UPKEEP OF ROCKEFELLER ROAD.

General Manager Williams reviewed the present agreement between the District, Mrs. Rockefeller and Mr. & Mrs. Bell, which was entered into in 1987, for maintenance of the service road to the Rockefeller tank. All parties involved agreed that a deed of easement would better serve the purpose at this point in time.

Director Orth felt that the 1/3 split of costs was appropriate, and agreed that a permanent easement was the best way to achieve it. Director Venturi agreed.

Director Monteleone voiced concern about granting an easement to the Bells, as there was no direct benefit to the District to do so, and felt that it could set a precedent for other property owners wanting easement over District property in the future. She asked for an estimate of the projected costs for road maintenance. General Manager Williams answered that costs to date have been minimal, but he estimated expenses of $900 for upgrade and repairs in the near future.

Director Estabrook agreed with Director Monteleone, asking what benefit the granting of an easement to the Bells would have for the District. General Manager Williams clarified that they would then share in the cost of maintenance in exchange for the use of the road to access their driveway.

Director Orth pointed out that Mrs. Rockefeller may not be in favor of the agreement if the Bells were not included. He reminded the Board that this easement is dealing with an historical arrangement, and not granting an easement for a new road.

President Whitney mentioned that this road is also a valuable asset for emergency access from Cobb Drive to Sherwood Road, and that felt it was very generous of Mrs. Rockefeller to grant this easement to the District. He also pointed out that granting the easement to the Bells averts the need for them to build a parallel road, which could cause further soil erosion.

Director Venturi moved to approve Resolution No. 1999-44, A resolution accepting and granting an access easement for Rocky Road. The motion was seconded by Director Orth. After a brief discussion clarifying the terms of the agreement, a vote on the motion was taken as follows:

AYES: Directors: Orth, Venturi, Monteleone, Estabrook, Whitney

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 1999-44 Adopted

5. CONSIDERATION OF A LEASE WITH OLD HOLDINGS, LTD. FOR APN 099-154-06 AND 099-170-09 (RECREATION GROVE) FOR $1 PER YEAR, AND OTHER TERMS

General Manager Williams explained that, in response to Board direction given in 1998, he had been in contact with the owners of the 12.29 acre parcel known as the Recreation Grove concerning a lease of the property to the District. He provided a brief description of the terms of the proposal. District Counsel Neary commented that the attorney for Old Holdings Ltd. had reviewed the lease and found it acceptable.

Director Orth pointed out that because of its location within the flood-plain, the property is best suited for public use, as opposed to development, and expressed his approval of the proposed lease.

Director Venturi asked for clarification of the costs involved to meet the County abatement requirements. General Manager Williams estimated $3000 to $4,000 and assured him that the District would not move forward with any major improvements prior to development of a master plan. Director Venturi also asked if it would be possible to receive a lower assessed value for the property, as the District would be responsible for the payment of property taxes. General Manager Williams answered that he was working with the County Assessor's office on that issue, as the property is currently zoned commercial.

Director Monteleone was concerned about the 45 day cancellation notice, as she did not want the District to comply with all of the required provisions of the County abatement order and then be given a 45 day notice of termination. She asked for an explanation of the advantages of having a lease, as it relates to acquisition. District Counsel Neary explained that it puts the District "at the table" if any negotiations begin for acquisition of the property, or the Lodge property, by a third party. Director Monteleone was also concerned that 14 days was not sufficient time for the District to come up with a viable counter-offer.

Director Estabrook asked for a more detailed report on the costs associated with bringing the property up to standards, including the demolition of the structures, and suggested testing the stagnant water in the pool for hazardous chemicals prior to assuming the responsibility for draining it. He asked that the abatement order from the County be attached to the lease.

President Whitney felt that an Assessor's parcel map would better serve as Exhibit A than would the map included with the report, which was labeled as a "proposed parcel map." He asked for clarification of Section 18, which prohibits subletting, as the District may wish to allow activities similar to those presently scheduled at the Community Center. District Counsel Neary felt that such activities would not be considered "subleasing", as the renters would not be assuming the responsibility of the agreement. President Whitney suggested using the materials available from the demolition of the buildings, such as the foundations, as fill material for the pool, and having the Fire Department burn the structures as fire exercise, as none of the existing structures are up to code. He voiced concern about accepting responsibility for the County abatement order, and asked that a letter be requested from the County stating what the current requirements are.

Director Venturi suggested tabling the matter and scheduling a closed session in January to discuss the terms of the lease, after preliminary Budget figures are available. President Whitney asked that the closed session be scheduled for the end of the present meeting. Prior to asking for a motion, he asked if any members of the audience had comments on the matter

Robert Terry came forward and voiced approval of the lease, reiterating concerns about the 45 day termination clause.

General Manager Williams then asked for a break to change the tape.

Director Venturi amended his motion, and moved to schedule a closed session at the end of the meeting. The motion was seconded by Director Orth and passed unanimously.

6. CONTINUED DISCUSSION OF A PROPOSED RESOLUTION ESTABLISHING POLICY FOR THE USE OF THE DISTRICT AMBULANCE

General Manager Williams stated that a letter had been received from the County EMS Coordinator outlining the terms of Brooktrails' Ambulance permit. It indicated that Brooktrails is not the primary 911 responder, and is permitted for back-up service only. Therefore, staff recommendation is to continue the present policy by Resolution.

Noting that Willits Ambulance Service is in the process of a change of ownership, and because preliminary Budget figures were not yet available, Director Orth felt that it would be best to defer the matter, to assess possible changing conditions that may result from the change in management.

Director Venturi agreed, stating that his research indicates that the new company may have as many as three ambulances, which may strongly impact the need for Brooktrails' ambulance.

Directors Monteleone and Estabrook agreed, and President Whitney reiterated the Board's decision to continue under the present resolution, and defer any action until Willits Ambulance Service's change of ownership was complete.

7. INTRODUCTION OF A PROPOSED ORDINANCE AMENDING ORDINANCE NO. 76 TO PROVIDE FOR REVISIONS TO THE DISTRICT UTILITIES CODE.

General Manager Williams outlined the proposed changes, including the implementation of construction meters for any new construction or addition over 100 square feet, and minor adjustments to the language to comply with State Law.

District Architect Axt confirmed for Director Orth that the 100 square foot limit is the same requirement as the County, and stated his opinion that this ordinance is an important step towards enforcement of the Design Review system.

Director Venturi voiced concern that existing water customers would be changed to construction meter status if they obtained a permit for an addition, which would subject the normal household water usage to the construction meter tier. General Manager Williams explained that the proposed ordinance does not affect the rates. Those would be addressed as part of the annual rate and fee discussion.

Director Monteleone spoke in favor of the use of construction meters. However, she felt that the responsibility for an extension to complete work should be approved by the Board, as opposed to the General Manager. District Counsel Neary explained that the applicant could appeal if unhappy with the decision by the General Manager.

Director Orth suggested that the Board be given a report of the number of applications for extension, rather than interject themselves in the process.

District Counsel Neary confirmed for Director Estabrook that the Board does have authority to enforce building codes. Director Estabrook stated that he viewed construction meter rates as an enforcement tool, and felt they should be high enough to provide incentive to comply with the Design Standards. He was in favor of changing the term "construction meter" to "construction service" as there is no difference in the meter itself, and removing any reference to additions, suggesting the following language for section 1-203.052:

"Construction Service shall mean a water service connection rendered for construction work prior to the final inspection by the County of Mendocino, and an inspection by the District Architect, for conformance to County Ordinance No. 3959 for all new construction which requires a new water service and a building permit"

Also, he suggested moving Section 2-502b out of Article 5, which deals with meters and service connections, to Article 2 on page 13 after 2-205, application for regular water service, which would more closely follow the actual process. He asked that the last two sentences in section 2-205 be deleted, and the new section added as 2-205a as follows:

"For all new service connections, where a County building permit is also required, the connection is considered to be a construction service until 1) The County Building and Planning Department issues a final approval for occupancy and 2) the District Architect issues a compliance certificate certifying that all conditions of the development review approval have been satisfied. All construction service water usage shall be paid at a rate established by the Brooktrails Township Board of Directors. When items 1 and 2 above have been met, the service shall automatically convert to regular water service. If regular water service has not been obtained one year from the date of the construction service issuance, all water service shall be terminated unless an extension approval has been granted by the General Manager. To obtain an extension approval, applicant must submit a written explanation as to why the project does not qualify for regular water service. The General Manager has full discretion to grant an extension approval."

He also noted that the wording could be modified to include additions.

President Whitney also voiced concern about the use of construction service rates for existing customers that build additions or garages. He suggested that Board members submit written suggestions to the General Manager for consideration at a future meeting.

He then asked for comments from the audience.

Robert Terry of Poppy Lane felt more thought should be given to enforcement tools for work done on vacant lots that do not yet have need for water service. Mr. Axt pointed out that when a vacant lot review is done, work is not authorized to commence until plans are submitted and a building permit is obtained. District Counsel Neary stated that a draft grading ordinance for protection of the watershed will be submitted to the Board at the annual planning session in February.

General Manager Williams suggested that item number 9 be discussed next, to accommodate Mr. Axt. Board members agreed.

9. REVIEW OF COMMENTS FROM THE COUNTY PLANNING AND BUILDING DEPARTMENT ON OUR PROPOSED DESIGN STANDARDS AMENDMENTS

General Manager Williams explained that the County Planning staff had reviewed the proposed Design Standards for Manufactured Housing which were transmitted to them in May, and requested that they be made applicable to all single family residences in order to comply with state law. Mr. Axt outlined the changes made to the Design Standards in response to that request, including the exclusion of the requirement for a full perimeter foundation, as most manufactured homes are steel frame on concrete pier blocks, with perimeter skirting.

Director Orth voiced approval of the revised standards as written. Director Venturi thanked Mr. Axt for attending the meeting, and stated he was ready to move forward with the resolution.

Director Monteleone asked for clarification of the perimeter skirting requirements. Mr. Axt explained that the material used for the skirting must match or be compatible in material and color with the material and color of the house.

President Whitney suggested removing all references to manufactured homes from the standards. However, Mr. Axt felt that it was important to address the differences, such as trees that must be removed to position the home on the lot, and the requirement for eves and gutters, as gutters are usually not included with the manufactured home.

Director Monteleone suggested, after approval by the County, distributing the Design Standards to local dealers of manufactured homes.

Director Estabrook moved to approve Resolution No. 1999-45 as presented, a Resolution transmitting the proposed Design Standards for Single Family Construction, consistent with the Brooktrails Specific Plan, to the Board of Supervisors of Mendocino County. Director Monteleone seconded the motion, and the vote was as follows:

AYES: Directors: Orth, Venturi, Monteleone, Estabrook, Whitney

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 1999-45 Adopted

8. BROOKTRAILS TOWNSHIP SPECIFIC PLAN ANNUAL REPORT OF THE ENVIRONMENT AND PLANNING.

General Manager Williams commented that the Specific Plan requires an annual review, which was presented for the Board's consideration.

President Whitney proposed that comments be heard from the Board and the audience, and a workshop be scheduled in the future to discuss any items of concern.

Director Orth suggested involving Community Colleges via the internet, and making the Greenbelt available to students for the purpose of collecting data on hydrology, wildlife, etc., as a means of low or no cost assessment of the environment.

Director Monteleone felt that an all day workshop should be scheduled to go over the Specific Plan in detail. Director Orth suggested that it be the theme of the annual planning session. President Whitney proposed an agenda item be scheduled in January to discuss the formation of the various committees recommended, and half of the planning session be devoted to review of the plan. He then asked for comments from the audience.

Bob Terry noted that the public is often in the dark as to what issues the Board is dealing with. Director Whitney suggested extra copies of the Board packet be made available at the District office for interested citizens.

Board members agreed to schedule a future agenda item to discuss the Specific Plan in detail.

10. NOTICE OF VACANCY, APPOINTMENTS AND REAPPOINTMENTS TO BROOKTRAILS ARCHITECTURAL COMMISSION AND BROOKTRAILS GOLF COURSE GREEN COMMITTEE.

General Manager Williams noted two vacancies on the Green Committee. Normally nominations are made by the Men's and the Women's Clubs. Notice will be posted for 30 days to inform persons interested in seeking appointment.

President Whitney commented that the letter from the Women's Club insinuates that the filing of the Conflict of Interest Form is looked upon as burdensome, and has discouraged people from serving on committees in the past. District Counsel Neary informed the Board that they can trim the requirements as part of their biennial review.

11. CONSIDERATION OF A RESOLUTION ACCEPTING GRANT DEEDS OF REAL PROPERTY FROM VARIOUS PROPERTY OWNERS.

General Manager Williams noted that the number of persons wishing to donate lots to the District has increased recently. He commented that all property taxes will be paid prior to submitting the Grant Deeds for recordation.

Director Orth moved to approve Resolution No. 1999-46, a resolution accepting Grant Deeds of real property. Director Monteleone seconded the motion.

Director Venturi voiced concern about the loss of revenues from Fire Tax, Water Availability and Sewer Standby charges. He asked for clarification of the District's intentions for the properties. General Manager Williams provided a brief explanation of the provisions of Ordinance No. 109.

Director Estabrook noted that one lot is adjacent to a developed lot, and suggested sending a letter to the property owner to assess interest in acquiring the property for a possible lot merger.

Patrick Cant, the Willits News reporter, asked for clarification of the Board's intent, as it relates to transferring ownership of the lot to the adjacent land owner. Director Estabrook assured him that it is not the District's intent to profit, but rather to trade the owner for another lot that they could purchase elsewhere in the District, the ultimate goal being the reduction of the number of available water connections.

President Whitney then asked for a vote on the motion currently on the floor, which was taken as follows:

AYES: Directors: Orth, Monteleone, Estabrook, Whitney

NOES: Directors: Venturi

ABSENT: Directors: None

Resolution No. 1999-46 Adopted

12. CONSIDERATION OF A RESOLUTION AMENDING RESOLUTION NO. 1993-34 TO PROVIDE FOR AN AMENDED AGENDA FORMAT FOR THE DISTRICT'S SAFETY COMMITTEE.

General Manager Williams reported that the Safety Committee has requested that the phrase "Additions and Adjustments to the Agenda" be added as item number 4 on their general meeting agenda. Director Orth moved to approve Resolution No. 1999-47, a Resolution Amending Resolution No. 1993-34 to Provide for an Amended Agenda Format for the District's Safety Committee, seconded by Director Venturi. The vote on the motion was as follows:

AYES: Directors: Orth, Venturi, Monteleone, Estabrook, Whitney

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 1999-47 Adopted

13. REPORT FROM DIRECTOR WHITNEY ON THE ONE TOWN - ONE VISION MEETING OF DECEMBER 7, 1999, AND THE CONSIDERATION OF FORWARDING A LETTER TO THE CITY OF WILLITS REGARDING ENGAGEMENT OF AN ENGINEERING FIRM TO REVIEW CALTRANS' PROPOSAL FOR THE INTERSECTION OF HIGHWAYS 101 AND 20.

President Whitney reported that the Willits Chamber of Commerce, the Environmental Center and the One-Town-One-Vision Committee had drafted a letter urging the City of Willits to engage the engineering firm of Whitlock and Weinberger to provide a second opinion regarding both the functionality of Caltrans' preferred alternative to remedy the congestion at the intersection of Highway 101 and State Route 20, and to study the effectiveness of a roundabout at that intersection. He asked that the Board also endorse the draft letter, or possibly draft its own letter of support for the proposal.

A break was then called to change the tape.

Director Orth reminded Board members that the District chose not to endorse the "Elsie" Bypass proposal in their resolution concerning the second access earlier in the year, as that was a Caltrans matter. He felt it would be inconsistent for the Board to now support suggestions for improvements or changes to Highways 101 and 20.

Director Venturi agreed, adding that the Board should focus its efforts on issues that directly affect Brooktrails. He was not in favor of a Board representative signing the letter.

Director Monteleone, who has been involved with the One-Town-One-Vision committee since its inception, spoke in favor of signing the letter. She felt the Caltrans studies were based on inaccurate data, and that Brooktrails and the City of Willits should work together on certain issues to ensure they receive the best possible information.

Director Estabrook spoke against sending a separate letter, and made a motion to authorize the President to sign the draft letter from the committees on behalf of Brooktrails. Director Monteleone seconded the motion and the vote was taken as follows:

AYES: Directors: Monteleone, Estabrook, Whitney

NOES: Directors: Orth, Venturi

ABSENT: Directors: None

Motion carried.

14. CONSIDERATION OF A POSSIBLE LETTER TO THE COUNTY DEPARTMENT OF TRANSPORTATION, ASKING THEM TO REDUCE LANE WIDTHS WHEN RE-PAINTING STRIPES ON POPPY DRIVE AND PRIMROSE DRIVE.

Director Estabrook commented that although the painting has now been done, he would like the Board to think about asking the County to consider this idea and additional measures for traffic calming within the District. Director Orth suggested including ideas for pedestrian and bicycle lanes. Director Venturi was doubtful that the roads in the District were wide enough, according to State Vehicle Code, to accommodate bicycle lanes. Board members agreed to consider a future letter to the Department of Transportation asking them to consider the options.

M. SPECIAL REPORTS

General Manager will report on significant activities within the District including but not limited to the following:

i. Significant Correspondence received since last meeting:

The Board reviewed the Department of Health policy on backflow protection for graywater systems.

ii. Personnel

Fire Prevention Officer Daryl Schoeppner returned to work December 1st Fire Chief Dave Thomen will be having surgery in January

iii. Finance

November Warrants and current Accounts Payable were reviewed by the Board. Director Venturi asked about the annual Ambulance permit fee. Director Monteleone asked for clarification of the Staywell payments to employees. President Whitney asked about the Strike Team payments, and asked that a letter be drafted to the State representatives concerning the Dam fees and Treatment Plant fees charged by the State.

General Manager Williams stated that the second installment of property taxes had been received from the County and was up from last year. However, connection fees are much lower than Budgeted. He provided an update on the status of the dispute with Western Power Equipment. Board members offered suggestions to improve the format of the Accounts Payable report.

Director Estabrook provided a report on projected impact of lot reduction programs on water and sewer rates. Board members agreed to discuss this report at a future meeting.

iv. Planning

v. Possible upcoming agenda items

vi. Other

The Board received and reviewed the minutes of the Safety Committee meeting of 09/02/1999.

General Manager Williams reported that the County Building Code Enforcement Officer updated him on the status of the repairs to the motel structure at the Lodge. They have been given an extension of 30 days, as additional repairs are needed to the roof.

N. PUBLIC COMMENTS

None

O. CLOSED SESSION - District Office, 24860 Birch Street

At 11:55 p.m. the Board of Directors adjourned to closed session pursuant to Government Code Section 54957, pertaining to the lease of the Redwood Grove Property.

President Whitney stated that no decision had been made in closed session, and asked Board members if anyone wished to make a motion concerning the proposed lease agreement with Old Holdings.

Director Orth moved to accept the lease with Old Holdings, Ltd, and authorize the President to sign, provided there are no hazardous materials found, and with the following changes to the agreement: in Section 6 on page 2, change the word "property" to "premises", add "or any portion thereof" after "entire premises"; attach an Assessor's Parcel map as Exhibit A; attach the Abatement Order from the County of Mendocino. The motion was seconded by Director Estabrook and passed unanimously.

P. ADJOURNMENT

Director Venturi moved to adjourn and President Whitney declared the meeting of December 14, 1999 closed at 12:50 a.m. December 15, 1999.

PAUL A. WILLIAMS

Secretary to the Board of Directors

BOB WHITNEY

President