MINUTES

A. PLEDGE OF ALLEGIANCE

B. ROLL CALL

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

C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA

General Manager Williams noted that if a Public Hearing is scheduled under item G4, it will be set for July 13, 1999 as opposed to June 29, 1999.

President Skezas asked that item G4 be continued until the meeting of June 29th, to allow Board members to review additional material provided by Director Eads. Director Whitney preferred to discuss the matter, as planned.

D. MINUTES OF PREVIOUS MEETINGS

May 25, 1999

Director Estabrook pointed out that under item G3, the first sentence indicated that a discussion concerning the proposed Firearm Policy was held on May 18th, however the discussion was actually held on May 11th. Director Orth then moved to approve the minutes of May 25th, with one correction, seconded by Director Estabrook, and the motion passed unanimously.

E. PUBLIC COMMENTS

William Edmondson from Primrose Drive came forward and presented a sign and brief description of a Neighborhood Traffic Program he had seen while in Vancouver, WA, suggesting that the District and/or the Property Owners Association may want to consider such a program for Brooktrails.

Tom Allman of the County Sheriff's office assured the Board that the officers are gearing up for the possibility of end of school year cul-de-sac parties. He also noted, as a Brooktrails resident, that there has been improvement in the condition of the roads due to increased attention from the Department of Transportation, and suggested that the Board write a letter of appreciation to the County so they are aware that the citizens of Brooktrails appreciate their efforts. Also, he had met with members of the Fire Department to go over possible ways to improve marking of fire lanes and red curbs.

F. PUBLIC HEARING

2. HEARING ON FISCAL YEAR 1999-2000 BUDGET; COPIES OF THE PROPOSED BUDGET FIRST MADE AVAILABLE TO THE PUBLIC APRIL 27. PURPOSE OF THIS HEARING IS TO NOW TAKE PUBLIC TESTIMONY. NO ACTION IS SCHEDULED UNTIL THE JULY 13TH MEETING.

General Manager Williams commented that the results of the recent workshops and testimony received from this public hearing will be incorporated into the final Budget scheduled to be adopted by the Board at the meeting of July 13, 1999.

President Skezas opened the Public Hearing at 7:14 p.m. Robert Terry from Poppy Lane voiced his support for a tax increase to assist in funding of the Fire and Ambulance Services. No other members of the public came forward, and President Skezas closed the public Hearing at 7:15 p.m.

3. HEARING ON FIVE YEAR CAPITAL IMPROVEMENT PLAN UPDATE; COPIES OF THE DRAFT PLAN WERE MADE AVAILABLE TO THE PUBLIC APRIL 27. PURPOSE OF THIS HEARING IS TO NOW TAKE PUBLIC TESTIMONY. NO ACTION SCHEDULED UNTIL THE JULY 13TH MEETING.

General Manager Williams summarized the plan update for Fiscal Year 1999/2000, as to how to address anticipated capital projects.

President Skezas opened the Public Hearing at 7:17 p.m. Hearing no comments he closed the Public Hearing at 7:18 p.m.

G. ACTION AGENDA

4. CONTINUED CONSIDERATION OF A PROPOSED ORDINANCE PROVIDING FOR THE PROTECTION OF BROOKTRAILS REDWOOD PARK BY PROVIDING FOR REGULATIONS GOVERNING THE CONDUCT OF DESIGNATED OFFICERS AND REPEALING ORDINANCE NO. 64, AND SCHEDULING A PUBLIC HEARING FOR JULY 13, 1999.

General Manager Williams briefly recapped the previous discussions, emphasizing the need to repeal Ordinance 64 yet continue to provide surveillance and protection for the Greenbelt. He noted that the Designated Officers of the Fire Department are authorized to write citations, and possibly arrest someone, for violations of the Uniform Fire Code, the issue being whether to extend that authorization to include other violations that occur within the Greenbelt.

District Counsel Neary reviewed the provisions of the Uniform Fire Code with the Board members, and brought to their attention that the Code does not grant police powers to the Fire Department staff.

At the previous Board meeting, Lt. Allman raised the question as to the legality of an on-duty governmental employee using a concealed weapon for personal protection. County Counsel provided an opinion on that matter, which states that CCWs are issued to people who are legally allowed and/or required to carry a weapon. However, he noted that issuance of the permit is not meant to infer approval, nor is it intended to bestow police powers.

Director Eads expressed concern that District employees have requested a CCW solely on the basis of the dangers of their employment. District Counsel Neary explained that the CCW is issued at the Sheriff's discretion, on the basis of meeting the criteria and demonstrating need, regardless of whether or not it relates to employment.

General Manager Williams noted that both Director Whitney and Director Estabrook had suggested changes to the proposed Ordinance and a comparison of those suggestions was provided in the Board packet. Director Estabrook's proposals clarify that carrying a weapon is a personal choice, not a job requirement. Also, he felt the cost of the weapon and ammunition should be provided by the employee, as opposed to the District.

Since the meeting of May 25th, one letter had been received at the District office from Brooktrails resident Bob Turner, expressing opposition to arming the Fire personnel. In addition, six letters were written to the Editor of the Willits News voicing opposition. In checking the phone book, the County Assessor's records and the District's water customer data base, the General Manager was able to locate only one of those people who wrote. He expressed his doubt about the validity of the other letters.

General Manager Williams recommended that the Board consider scheduling a Public Hearing for July 13th, either to adopt the proposed Ordinance and/or Firearms Policy, with

or without changes, or to simply repeal Ordinance 64. President Skezas asked that other options also be considered, and that Director Ead's comments be added to the comparison of proposed changes suggested by Directors Estabrook and Whitney.

Director Whitney asked that an alternative policy be developed, such as a policy covering the use of pepper spray. He asked for a copy of the County Counsel's opinion, however, Lt. Allman stated that due to attorney/client privilege he was unable to provide it. Director Whitney clarified that he would like a distinction made between physical arrest and the writing of a citation. He felt Brooktrails Fire personnel are not trained to physically arrest someone, as that would be a peace officer's function.

Director Estabrook stated that he was still open to other options, such as no firearms whatsoever or pepper spray. He was in favor of issuing citations for the violations listed. However, it was not clear to him how dangerous enforcement of those violations would be. Director Eads suggested reviewing Fire Department Incident reports for episodes of hostility or anger that have occurred in the past. Director Estabrook stated that if the Fire Department personnel really felt they needed weapons for protection, he would be willing to go along with their request, but he felt that the District should not assign them any duties that require it, or ask them to respond to any situation they would not respond to if they did not have a firearm.

Director Orth pointed out that it was the employees, themselves, that requested this policy after obtaining concealed weapons permits. The District had no intention of making this a mandatory requirement of their firemen. Also, as part of the discussion on the Budget, one possible solution to the deficit in the Fire Fund was to contract with CDF for fire protection, and CDF does employ personnel with police powers. Meanwhile, as long as District employees are carrying concealed weapons, there should be a policy in place to address the situation.

President Skezas expressed his desire to establish some type of police force within the District, either through CDF or by contract with the Sheriff's department. This Ordinance could act as an interim measure, allowing enforcement of minor infractions that occur, until which time a full police force in Brooktrails is justified. District Counsel Neary explained that interim coverage was also the intention of the Ranger Program, provided for in Ordinance 64.

Several members of the audience offered their opinions on the issue including, Bob Terry, Bill Edmondson, Jack Cunningham, Virginia Pohlson and Gary Cabito.

Director Estabrook asked the General Manager to provide material on statistics from the County Sheriff's office concerning the number and nature of police calls to Brooktrails.

After a brief question and answer session with Lt. Allman the matter was continued to the meeting of July 13th.

5. CONSIDERATION OF THE ADOPTION OF A RESOLUTION ESTABLISHING THE ANNUAL TAX APPROPRIATIONS LIMIT FOR FISCAL YEAR 1999-2000.

General Manager Williams explained that the District annually adjusts its appropriation limit based upon percentage information received from the Department of Finance.

Director Orth made a motion to adopt Resolution 1999-19, a Resolution Establishing the Annual Tax Appropriations Limit for Fiscal Year 1999/2000, seconded by Director Estabrook and vote was taken as follows:

AYES: Directors: Eads, Whitney, Estabrook, Orth, Skezas NOES: Directors: None

ABSENT: Directors: None

Resolution 1999-19 Adopted.

6. ANNUAL REVIEW OF DISTRICT'S INVESTMENT POLICY CONTAINED IN RESOLUTION 1998-21.

General Manager Williams stated that each year the Board reviews its investment policy to establish guidelines to protect its principal, provide adequate liquidity and receive acceptable return on its investments. It also provides an annual update of loans payable and leases.

Director Orth made a motion to adopt Resolution 1999-20, a Resolution Updating its Investment Policy for Brooktrails Township Community Services District, seconded by Director Estabrook and the vote was taken as follows:

AYES: Directors: Eads, Whitney, Estabrook, Orth, Skezas NOES: Directors: None

ABSENT: Directors: None

Resolution 1999-20 Adopted.

7. BUDGET WORKSHOP: CONTINUED DISCUSSION OF OPTIONS RELATED TO PROVIDING FIRE SERVICES.

General Manager Williams summarized the three options relating to the funding of the Fire Department which were presented to the Board at the meeting of May 25th.

With the aid of the overhead projector, he reviewed charts showing an analysis of revenues and expenses in the Fire Fund from 92/93 to present, noting that revenues decreased in 94/95 due to loss of Augmentation Income. Fire Tax Income was consistent, but Ambulance Income varied over the years. These factors as well as increased staffing for Hazard Abatement and Ambulance Service have resulted in the Fire Tax being inadequate to cover expenses. Other charts provided demonstrated the effects of growth on revenues.

President Skezas called for a break to change the video tape.

Continuing, General Manager Williams pointed out that currently the actual number of lots that are assessed the Fire tax total 6,179. An increase to the tax of 45% would be needed to meet the $238,000 in expenses and balance the current Budget, although an arrearage would occur again after one year.

As a possible solution, he proposed that the parcel tax be assessed in units, depending on the intensity of the development, which is similar to the method used by the City of Willits. An undeveloped lot would be assessed $29, a lot with a house would be $65, and commercial units would be assessed at a higher rate.

In response to a question from Director Estabrook, District Counsel Neary explained that with one vote the tax could be structured to increase over time, without the passage of a resolution each year.

General Manager Williams pointed out that if the Fire tax were increased by election in November, the increase in revenues would not be realized until the following year in December. The General Fund would have to be used to cover the short-fall.

Director Estabrook suggested that, because undeveloped lots do not utilize the services of the ambulance, a tax increase could be done on a percentage basis, based on the ambulance's percentage of expenses.

After a brief discussion, the Board members agreed that for the 1999-2000 Budget Option 2, establishing a separate Ambulance Budget would be used, and the issue of raising the Fire tax would be debated at a future meeting. Director Whitney suggested that the projections be carried out for ten years, to assess the long term effects of the various tax rates proposed.

H. SPECIAL REPORTS - THE GENERAL MANAGER.

i. Significant Correspondence received since last meeting:

A report from the County of Mendocino concerning the Airport Comprehensive Land Use Plan was provided to the Board members.

Board members agreed to draft a letter of appreciation to the Department of Transportation, and a resolution of appreciation to Gene Calvert for his accomplishments as Director of Mendocino County Department of Transportation.

General Manager Williams asked Board members to review the draft bicycle plan received from the City of Willits, so that it can be discussed formally at the next meeting.

Due to low flow from Lake Emily, Summer Lake will not be filled this year unless significant rainfall occurs.

Timberlake Tree Service filed three claims in small claims court for the abatement of the Lodge properties. General Manager Williams will attend the hearing on June 16, 1999 in Ukiah on behalf of the District.

ii. Personnel

General Manager Williams will be out of the District June 22nd through June 26th. Wendell Wilson will be appointed acting General Manager in his absence.

iii. Finance

May warrants and current Accounts Payable were reviewed. Utility billing has increased significantly due to the recent increase in rates.

iv. Planning

A breakdown of development in the District was provided for the Board's review.

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 June 8, 1999 closed at 9:25 p.m.

PAUL A. WILLIAMS

Secretary to the Board of Directors

GEORGE C. SKEZAS

President