MINUTES

A. PLEDGE OF ALLEGIANCE

B. ROLL CALL

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

C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA

General Manager Williams suggested that he report on the closed session, as he will follow up on direction given to him by the Board.

D. MINUTES OF PREVIOUS MEETINGS

April 27, 1999

Director Estabrook stated that in item 3, near Director Eads' statement about the preferential treatment of large property owners, he would like the minutes to reflect that Fire Chief Thomen reported there had been verbal contact with the Lodge owners over the last three years.

Director Orth asked that, in item 4 after the statement by Director Estabrook, that the following statement be added, "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."

Director Orth moved to approve the minutes of April 27th, with changes. The motion was seconded by Director Estabrook and passed unanimously by a vote of the members present.

E. PUBLIC COMMENTS

None

F. ACTION AGENDA

2. CONSIDERATION OF A RESOLUTION APPROVING MANUFACTURED HOUSING DESIGN GUIDELINES AND SITE DEVELOPMENT STANDARDS.

General Manager Williams summarized the discussion held at the previous meeting, and noted that the changes requested by the Board had been made. He recommended that Resolution 1999-14 be approved and forwarded to the County with the Design Standards for incorporation into the Specific Plan.

Director Eads asked District Architect Robert Axt, who was present in the audience, if he had contacted the County about the requirement for a variance on a front yard setback. Mr. Axt explained that he had contacted Ray Hall at the Planning & Building Department who informed him that the variance is required until such time as a zoning ordinance is adopted implementing a change.

Note: Director Whitney arrived at 7:08 p.m.

Director Orth expressed his gratitude to Mr. Axt for his work and moved to adopt Resolution No. 1999-14, a Resolution Transmitting the Proposed Design Standards for Manufactured Housing, Consistent with the Brooktrails Specific Plan, to the Board of Supervisors of Mendocino County with the Recommendation That They Be Added to Section 10.2 of Said Specific Plan as Subsection "F" (Manufactured Housing Standards.)

Motion was seconded by Director Eads.

Robert Terry of Poppy Lane asked for clarification of the requirements for overhang of eves. After a brief discussion, the Board decided not to change the Standards, but to have the District Architect address each proposal on a case-by-case basis. President Skezas asked for a vote on the motion which was taken as follows:

AYES: Directors: Eads, Whitney, Estabrook, Orth, Skezas

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 1999-14 adopted.

(Resolution number carried over from previous meeting.)

3. 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 SCHEDULE A PUBLIC HEARING FOR MAY 25TH

General Manager Williams commented that the recent change in District Attorneys should allow the District's Designated Officers to begin to issue citations for violations occurring within the Greenbelt. Because of increasing responsibilities of enforcement, a policy should be developed which would allow both paid Fire Department Officers to carry firearms, and Ordinance 64, which provides the establishment of "Ranger Program" which was never implemented, should be repealed. Existing firearm policies from Little Lake Fire District and County Animal Control were provided for the Board's review. He pointed out that both officers have been properly trained in the use of firearms, and would be required to obtain and maintain a concealed weapons permit from the County of Mendocino Sheriff's Department. Fire Chief Dave Thomen and Fire Prevention Officer Daryl Schoeppner were present in the audience to answer questions from Board members.

Director Eads felt that the definition of "Protection," as in Section 1 of the proposed Ordinance, was too broad. He noted that police officers are put through extensive training, including psychological evaluation, before they are allowed to carry a weapon. He was not comfortable with authorizing a firearms policy.

Director Whitney felt the Ordinance was justified. However, he agreed with Director Eads that consideration should be given to the context of the draft Ordinance, as it relates to the definition of the word "Protection." General Manager Williams verified for him that if a Firearms Policy is in effect, the District's Liability Policy would cover the actions of the Designated Officers. Director Whitney voiced his concern that the cultivation of valuable marijuana plants in Greenbelt areas was not specifically addressed, as illegal growers often carry firearms.

Director Estabrook felt that it was reasonable for the Fire Department Officers to carry concealed weapons, but he was not comfortable with the proposed Ordinance. He agreed that rigorous training is needed, and felt that violent situations are better dealt with by the Sheriff's Department, as opposed to a Fire Department. He asked that a representative of the Sheriff's department be consulted on the matter. His biggest concern was the lack of justification for the Ordinance, as he felt the concealed weapons permit was sufficient authorization to carry a weapon for personal protection.

Director Orth summarized his feeling by stating that Safety Officers need to be safe. He pointed out that the Board continues to pass Ordinances which must be enforced, and our Fire Department Officers are called upon to do so. Because they are expected to respond to violent situations and to secure perimeters, he felt that the firearms policy was both justified and necessary.

President Skezas felt that the Officers need to be covered for Liability, and the Firearms Policy was the proper means to do so.

In response to concerns expressed by Director Eads, General Manager Williams made it clear that only the Fire Chief and the Fire Prevention Officer will be authorized to carry weapons, authorization would not extend to volunteers.

Director Whitney suggested that the syntax of the definition of "Protection" in Section 1(a) be narrowed down as much as possible, to make it clear to the Fire Department personnel what is justified. He also asked that in Section 1(b), the definition of "Fire Chief" which includes the phrase "or his appointee" be more specific.

District Counsel Neary pointed out that Section 3 contained a transposition and should read "has committed, in his presence, a misdemeanor," as opposed to "has committed a misdemeanor in his presence."

After a brief question and answer session with the Fire Chief and Fire Prevention Officer, the Board decided to defer the matter to the meeting of May 25th, at which time a Sheriff's Department representative would be invited to attend to address the Board's concerns about law enforcement.

4. BUDGET WORKSHOP; BOARD MEMBERS WILL CONTINUE THEIR WORK ON THE DRAFT BUDGET FOR FISCAL YEAR 1999- 2000; INCLUDING THE DRAFT FIVE-YEAR CAPITAL IMPROVEMENT PLAN UPDATE. THIS SESSION WILL INCLUDE REVIEW OF BUDGET SUMMARIES. PROPOSAL IS TO CONTINUE TO MAY 18TH (SPECIAL MEETING.)

General Manager Williams explained that, because of recent rate increases, revenues for the upcoming fiscal year should increase by approximately 3.3%. With the aid of the overhead projector, he began his presentation with a chart demonstrating the various revenue sources, followed by a breakdown of the components of each category, including income derived from investment interest, penalties charged to customers for late payments of monthly utility bills, and connection fees.

Director Estabrook asked that the actual partial year data be projected out for a full year, for comparison purposes.

General Manager Williams pointed out that the Water Fund represents the largest source of revenue, as well as the biggest expense. Revenues have been estimated conservatively because customers are expected to continue to be conservative with water use.

Board members discussed the process of collection of water bills, and the number of services disconnected each month due to non-payment. Director Whitney asked for a future agenda item to discuss Health Department regulations, with regards to disconnection of water service.

General Manager Williams then summarized the projections for the remainder of the revenues sources. Director Whitney asked for a comparison of the beginning budget figures versus actual expenditures for each fiscal year. Director Eads asked for a breakdown of revenues lost as a result of lot mergers.

Continuing, General Manager Williams provided a summary of expenditures by fund and noted that while revenues are up, projected expenditures are down, which should provide for the building of reserves. Cash flow charts were provided which demonstrated how major capital projects are scheduled at the time tax revenues are received from the County. In closing, he commented that the department heads would be asked to attend the Special Meeting of May 18th to discuss anticipated capital projects with the Board.

5. CONSIDERATION OF A RESOLUTION ACCEPTING DONATION OF ONE LOT ON BIRCH DRIVE FROM SHARYN HEA AND PUAALOHA KAHOIWAI.

Director Orth moved to approve Resolution No. 1999-17, a Resolution Accepting Donation of One Lot on Birch Drive from Sharyn Hea and Puaaloha Kahoiwai, seconded by Director Estabrook. The vote on the motion was as follows:

AYES: Directors: Eads, Whitney, Estabrook, Orth, Skezas

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 1999-17 adopted.

6. CONSIDERATION OF NOTICE FROM THE COUNTY TREASURER- TAX COLLECTOR OF UPCOMING TAX SALE. TWENTY-FIVE LOTS WITH A TOTAL MINIMUM BID OF $59,500 ARE LOCATED IN BROOKTRAILS.

A Notice of Tax Sale had been received from the County. Maps indicating lots for sale and lots which have previously been donated to the District were provided for members of the Board. Director Orth asked if the District were given preferential consideration, as in the case of surplus property sold to governmental agencies. District Counsel Neary explained that the County could be asked to remove a parcel from the list if the District chose to buy it for the amount of taxes owed. If a Board member were interested in purchasing a lot, he recommended that he be notified so that the provisions of laws governing economic interest could be researched.

Director Estabrook stated that he had looked at each Brooktrails lot offered in the sale. He suggested that a letter be sent to property owners of adjacent developed lots, informing them that the property next to them is for sale through the County at a reasonable price and suggesting they consider a merger. He prepared a list of adjoining developed lots and provided a draft letter for the Board's consideration. Board members agreed that this would be an appropriate action.

G. SPECIAL REPORTS - THE GENERAL MANAGER.

i. Significant Correspondence received since last meeting:

1. A letter had been received from the County concerning the failure of a bridge caused by a vehicle which exceeded the posted weight limit. Director Orth voiced concern that the bridge may be on one of the District's evacuation routes.

2. A letter was received from the Willits News asking for support for state funds for the construction of an athletic field in Willits. Board members agreed to write and fax letters of support to state officials.

ii. Personnel

iii. Finance

Warrants for April and current Accounts Payable were reviewed by the Board.

iv. Planning

Two new connections were added to the monthly chart prepared by the General Manager.

v. Possible upcoming agenda items

vi. Other

General Manager Williams provided an article on Ethics and the latest newsletter from the Willits Chamber of Commerce. He stated that the Fire Department staff is looking for volunteers for the dunk tank at the upcoming flea market. Also, he had attended the Public Hearing on the addition of whip antennas to an existing unit on Ridge Road, and was assured that because it will not be over 250 feet, lights will not be required. To date, there have been 21 complaints about the recent water rate increase.

H . PUBLIC COMMENTS

None

I. ADJOURNMENT

Director Orth moved to adjourn and President Skezas declared the meeting of May 11, 1999 closed at 9:55 p.m.

PAUL A. WILLIAMS

Secretary to the Board of Directors

GEORGE C. SKEZAS

President