MINUTES

B. ROLL CALL

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

C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA

District Counsel Neary commented that he would have to leave at 8:30 p.m. Director Monteleone requested that item 9, regarding the joint meeting on April 18th, be moved up, as the timing was such that it could not be deferred.

D. MINUTES OF PREVIOUS MEETINGS

March 28, 2000

Director Orth asked that the following sentence be added to the end of page 2986 "Director Orth suggested that the credit card policy was not time sensitive, that a separate travel policy was clearly needed, and that each item could be handled at a future meeting." Director Venturi asked that on page 2986, the second sentence of section 5 be corrected to read "his experience with credit cards as a Willits Police Department employee" rather than "his experience with credit cards as a Sheriff's Department employee."

Director Monteleone asked that on page 2987, in section 6, the fourth paragraph, after "Her priority items included", "continued push for a second access route" be added and the phrase "research of undeveloped areas on Ridge Road" be changed to "research whether the undeveloped areas on Ridge Road could be used as an emergency road" and that "of speed limits" be added to the end of the sentence "a representative from the Sheriff's department be invited to discuss increased enforcement." Director Orth moved to approve the minutes of March 28, 2000 as amended, seconded by Director Venturi. The motion passed unanimously.

E. SPECIAL PRESENTATION - DALE HAWLEY

In response to concerns from President Whitney, District Counsel Neary advised the Board members that because they may be required to hear appeals from the BARC, they should refrain from expressing their opinions on specific cases.

General Manager Williams introduced Dale Hawley, Code Enforcement Officer for the County of Mendocino for the last ten years. He gave a brief overview of the code enforcement department, which handles violations of building codes, zoning ordinances, uniform housing codes, dangerous buildings and abandoned vehicles.

He reported that no cases of violations of District Standards as set forth in the Specific Plan had been handled by his office, and he was under the impression that they had not yet been adopted as County Ordinances.

He also reported that he and his staff were currently working with the Health Department on a public nuisance ordinance which would close some of the gaps that currently exist in the zoning codes, and allow the County to approach property owners to clean up their property. His records indicate that during the past ten years his department had removed approximately 300 abandoned vehicles from Brooktrails, building and zoning violations in Brooktrails were grouped with the entire Willits area.

With regards to the Brooktrails Lodge, he informed the Board that he had been in touch with the new owner who is very cooperative and willing to comply with the County building and zoning ordinances.

Director Orth expressed surprise that the Specific Plan was not adopted as a County Ordinance. President Whitney asked for clarification of County Ordinance 3959. District Counsel Neary confirmed that the ordinance was passed by the Board of Supervisors in January of 1997, after the expiration of the CC&Rs, but before adoption of the Specific Plan. General Manager Williams explained that the Ordinance amends the County Code to provide that Design Review be done by Brooktrails' District Architect prior to the issuance of a building permit or commencement of any work.

Director Monteleone expressed concern about the confusion as to who is responsible for enforcement of the standards, including grading issues. Mr. Hawley suggested the County Planner be contacted. District Counsel Neary suggested contacting the County Counsel's office.

Director Monteleone asked Mr. Hawley to outline the procedure for Brooktrails to obtain enforcement powers from the County. Mr. Hawley suggested Ray Hall be contacted for information.

Director Estabrook recommended a letter be drafted to Gary Pedroni, summarizing the Board's understanding of their enforcement authority, and asking for confirmation. As requested, Mr. Hawley outlined the procedure for handling complaints, and clarified that his office has the power to enforce Building Code violations, and that the Fire Department has the power to enforce Fire Code violations.

General Manager Williams added that the Fire Chief does review the plans for all new construction for compliance, as well as commercial properties on an annual basis. Director Estabrook asked Mr. Hawley to track the number of violations that occur within the District for future reference.

Bob Houtz, resident of Harrah Drive, raised concerns about abatement of abandoned vehicles, excessive trash, and damage to gutters from installation of manufactured homes.

In response to concerns from Director Monteleone, Mr. Hawley provided the history of his office's dealings with the rental cabins at the Lodge. He explained that zoning of the area does allow residential units, although a permit is required to convert from short term rental to long term rental. Fire Chief Thomen explained that when the units converted to long term rental, his staff was no longer able to inspect them as commercial buildings. Director Estabrook suggested the Board develop a policy to deal with this type of violation in the future.

General Manager Williams thanked Mr. Hawley for his prompt assistance with citizen's complaints and for attending the meeting.

A break was then called to change the tape.

F. PUBLIC HEARING - None

G. PUBLIC COMMENTS

Robert Terry of Poppy Lane provided a detailed report on the recent NEST (Neighborhood Emergency Services Team) training held at the Community Center, and gave a written request to the Board asking for a financial contribution to be used for necessary equipment.

Dave Edger, resident of Oriole Drive and Fire Department volunteer for 10 years, came forward to express his concerns about the cuts in the Fire Department Budget and the lack of funds for safety equipment.

Board members thanked Mr. Edger for his comments and encouraged him to keep communication open between the Board, Fire Department Staff, and the volunteers. They assured him that it was not the Board's intention to disband the Department.

H. ACTION AGENDA

Director Venturi asked that item 2d be removed from Routine items.

2a. CONSIDERATION OF NOTICE OF INTENTION TO FIX WATER AVAILABILITY CHARGE FOR FISCAL YEAR 2000/2001 AND SCHEDULE A PUBLIC HEARING FOR 04/25/2000.

Director Orth moved to approve the Notice of Intention to fix Water Availability Charge for Fiscal Year 2000/2001, and schedule a public hearing for April 25, 2000. Motion was seconded by Director Venturi, and passed unanimously.

2b CONSIDERATION OF A RESOLUTION PRESCRIBING SEWER STANDBY CHARGE FOR FISCAL YEAR 2000/2001 & SCHEDULE PUBLIC HEARING FOR 06/27/2000.

2c QUARTERLY REPORT ON USE OF DISTRICT AMBULANCE.

Director Venturi moved to approve Resolution No. 2000-12, a Resolution prescribing the Sewer Standby Charge for Fiscal Year 2000/2001, schedule a public hearing for June 27, 2000, and to receive and file the quarterly Ambulance Report. The motion was seconded by Director Estabrook.

Director Orth expressed appreciation to Fire Chief Thomen for the information contained in the Ambulance Report. After a brief question and answer session with the Fire Chief, President Whitney called for a vote on the motion which was taken as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 2000-12 Adopted.

2d CONSIDERATION OF A RESOLUTION ESTABLISHING POLICY ON USE OF DISTRICT CREDIT CARD.

Director Venturi asked that in Exhibit A, item III, Limitation on Use, car rental be limited to mid-size vehicle and "Miscellaneous Expenses" be deleted.

President Whitney moved to approve Resolution No. 2000-13, a Resolution Establishing policy on use of District Credit Card, as amended. The motion was seconded by Director Venturi, and the vote was taken as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 2000-13 Adopted.

3. ANNUAL REPORT ON RATES AND FEES FOR WATER, SEWER, FIRE, AND GENERAL FUND (EXCEPT CONNECTION FEES)

Using the overhead projector, General Manager Williams reviewed various options suggested by the Finance Committee, whose goal was to provide funds needed to address capital projects within the District, such as replacement of steel lines and water meters.

President Whitney asked for justification of the committees' goal to accumulate $1,000,000 in reserves by 2004/2005. Director Estabrook explained that the committee believed it was the minimum that would be needed to begin the work.

President Whitney suggested an engineering study be done to assess the integrity of the entire system. General Manager Williams felt that grant money may be available to assist with a study of that nature.

Director Monteleone pointed out that Proposition 13, which passed in the November election, provides money for safe drinking water, water quality, and water reliability, including replacement of outdated systems. She felt that the District should aggressively pursue such funds as opposed to increasing water rates. Director Venturi explained that the granting agencies like to see that the recipient is fiscally responsible, which is why the committee's goal is to build reserves.

Director Orth conveyed his appreciation of the efforts of the Finance Committee, and moved to recommend option 2A for water rates, raising the monthly base rate by $3.66 on July 1, 2000, and an additional $1.83 on July 1, 2002. His motion was seconded by Director Estabrook.

Director Monteleone felt that the increase was too high, and preferred to go with option 3, providing a $1 per month increase for the next year, while availability of grant money was researched.

Director Venturi stressed that he and the members of the Finance Committee had reviewed all of the options in great detail, and felt that option 2A was the best way to build needed reserves. Director Estabrook also voiced support for option 2A.

President Whitney agreed to recommend option 2A to take to the public hearing, but asked the General Manager to research the guidelines, and the qualifications necessary to receive funds provided by Proposition 13. He then called for a vote on the motion which was taken as follows:

AYES: Directors: Orth, Venturi, Estabrook, Whitney

NOES: Directors: Monteleone

ABSENT: Directors: None

Motion carried.

Moving on, General Manager Williams reviewed charts showing revenue sources for the Sewer Fund, and options developed to reach the Finance Committee's goal to provide accumulation of $170,000 per year in reserves.

Director Orth commented that a lesser increase was necessary for Sewer because a sinking fund was established for the Sewer Fund through the standby fees established prior to the passage of Proposition 218.

President Whitney moved to recommend option 2A for sewer rates, raising the monthly base rate by $1 on July 1, 2000, and an additional $1each year over the following two years. His motion was seconded by Director Venturi.

Director Monteleone felt that option 2B would be more appropriate, stating that $1 per year over three years was too much.

Director Venturi reviewed the discussions of the Finance Committee, comparing the rates paid by Brooktrails' residents with the rates paid by Willits' residents. He pointed out that the City of Willits has control over the capital improvements made to the treatment plant, and that Brooktrails is obligated to pay its share of those costs.

President Whitney called for a vote on the motion which was taken as follows:

AYES: Directors: Orth, Venturi, Estabrook, Whitney

NOES: Directors: Monteleone

ABSENT: Directors: None

Motion carried.

The Board then reviewed the options for raising revenues for the Fire Fund. General Manager Williams pointed out that Fire Tax revenues continue to decline due to lot mergers and donations. Recommendations made by the Finance Committee to offset the losses included increasing fees for lot abatement administrative charges, raising Ambulance fees to be equal to those of the other service providers in the area, and charging for the use of the Firehouse meeting room.

Director Monteleone stated that she was very supportive of the Brooktrails Ambulance service, however she did not agree with the proposed increase of nearly 100%.

President Whitney asked that a summary of revenue recovered per call from last year's Ambulance Report be provided for the Public Hearing.

General Manager Williams and Fire Chief Thomen agreed that even at the proposed rates, the revenues would be inadequate and the ambulance expenses would have to be subsidized out of the General Fund.

Director Venturi felt that the projected ambulance revenues should be reduced by $5,000, to take into account the possibility of reduced calls as a result of the new Willits Ambulance Service providing its own backup.

After a brief discussion Director Monteleone reiterated her objection to a 100% increase in rates.

Director Orth moved to recommend option 4, seconded by President Whitney. A vote was taken on the motion as follows:

AYES: Directors: Orth, Venturi, Estabrook, Whitney

NOES: Directors: Monteleone

ABSENT: Directors: None

Motion carried.

General Manager Williams reviewed the options proposed for the General Fund, pointing out that the Finance Committee recommended option #2, including an increase in Architectural Fees of $35 to cover the cost of the final inspection by the District Architect, and a charge of $125 per day for use of the Recreation Grove.

Director Orth moved to recommend option 2, seconded by Director Venturi. A vote was taken on the motion which passed unanimously.

Noting that it was after 10:30 p.m., Director Orth moved to continue the meeting for another 45 minutes and to defer items 4 and 5. President Whitney seconded the motion which passed unanimously.

9. REVIEW OF DRAFT LETTER TO BPOA BOARD OF DIRECTORS INVITING THEM TO HOLD A JOINT MEETING ON APRIL 18TH AT 7:00 P.M., INCLUDING POSSIBLE AGENDA ITEMS.

President Whitney informed the Board that he had spoken to George Skezas, President of the BPOA Board, and felt that the letter was not really necessary. After a lengthy discussion, Director Monteleone offered to submit the request to the BPOA at their meeting of April 12th, and report back to the General Manager to finalize the agenda.

President Whitney moved that the BPOA be asked to submit the agenda for the meeting of April 18th. The motion was seconded by Director Orth. A vote was taken on the motion which passed unanimously.

4. REVIEW OF PRELIMINARY DRAFT OF REVISED TRAVEL POLICY.

Deferred to the meeting of April 25th.

5. ADOPTION OF GOALS AND OBJECTIVES FOR FISCAL YEAR 2000/2001.

Deferred to the meeting of April 25th.

8. REVIEW OF PROPOSED RENTAL AGREEMENTS FOR USE OF THE FIRE DEPARTMENT MEETING ROOM AND RECREATION GROVE.

General Manager Williams presented proposed rental agreements for use of the Fire Department meeting room and the Recreation Grove, to provide clear documents and guidelines for use of the facilities.

President Whitney asked the Fire Chief for any comments he may have. A break was then called to change the tape.

Fire Chief Dave Thomen took the podium, commenting that the first time he had heard of the proposal to charge for use of the meeting room was upon receipt of his Board packet. Although in favor of having written guidelines for use of the facilities, he stated opposition to charging rental fees, and reviewed the various organizations that have used the Firehouse meeting room in the past, including CDF, Blood Bank of the Redwoods, Brooktrails Firefighters Association, Alcoholics Anonymous, and recently, the Census Bureau.

He felt that rental of the room should be limited to certain groups and voiced concern about renting the facility out to private parties because of possible alcohol consumption, the risk of injury, the risk of theft due to the close proximity of the meeting room to the fire equipment, and of competition with BPOA and the rental of the Community Center.

Board members suggested that requests for rental be referred to the BPOA, and that the meeting room be rented only if the Community Center was not available.

6. SELECTION OF CONSULTANT TO PREPARE REQUIRED RISK MANAGEMENT PROGRAM FOR CHLORINE FACILITY AT THE WATER TREATMENT PLANT.

General Manager Williams explained that this RMP is required to be completed by August 2000, and provided several quotes from consultant firms to complete the work. He recommended the Board select Oscar Larson and Associates, the low bidder at $3,800.

Director Estabrook voiced concerned about the Oscar Larson contract, item 6 of page 2 of the Scope of Work, which stated that resolution of comments from the public and evaluation review comments by the Mendocino County Health Department were not included in the budgeted amount. He pointed out that the contract offered by Base promised to yield an adequately documented RMP, and seemed to be a more in depth report. General Manager Williams felt that the additional cost would not exceed $500. Director Orth suggested getting a modifier to the agreement.

Director Orth moved to enter into an agreement with Oscar Larson and Associates to prepare the required Risk Management Program for the chlorine facility at the water treatment plant, with a modifier to the agreement that additional costs would not exceed $500. Director Venturi seconded the motion, which passed by a unanimous vote.

7. CONSIDERATION OF A RESOLUTION AMENDING THE BUDGET TO ALLOW FOR COST OF GENERAL MANAGER RECRUITMENT, AND FINAL REVIEW OF RECRUITMENT MATERIAL.

General Manager Williams explained that he had included the cost of advertising the Water Operator I position, as well.

Director Venturi moved to accept the material as written, and approve Resolution No. 2000-14, amending the Budget to allow for the cost of recruitment. The motion was seconded by Director Orth.

Director Monteleone asked that the long version of the ad be published in the Jobs Available periodical, as it was the most widely distributed.

A vote on the motion was taken as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 2000-14 Adopted.

I. SPECIAL REPORTS - GENERAL MANAGER

i. Significant Correspondence received since last meeting:

Correspondence from LAFCO concerning proposed changes in the law that governs LAFCO proceedings was reviewed by the Board. Director Orth was pleased that he was able to actively participate in the proceedings on March 6th, which he felt resulted in dramatic impacts to Special Districts.

ii. Personnel

iii. Finance

Director Estabrook asked if the comments field in the database could be expanded.

Director Monteleone reiterated her previous disapproval of paying someone to clean the chimney at the rental house, when chimney brushes were available in the District office.

General Manager Williams summarized the invoices included in the check written to Xerox, and informed the Board that the property tax check from the County would be received soon.

Director Orth asked for clarification of the carryover on the cash flow chart.

General Manager Williams provided a summary of the cost of clearing the Greenbelt charged by contractors with the cost of the CDF and CCC crews.

iv. Planning

v. Possible upcoming agenda items

vi. Other

The 1999 Gold Safety Award from FDAC-FASIS was received.

J. PUBLIC COMMENTS - None

K. ADJOURNMENT

Director Orth moved to adjourn and President Whitney declared the meeting of April 11, 2000 closed at 11:39 p.m.

PAUL A. WILLIAMS

Secretary to the Board of Directors

BOB WHITNEY

President