MINUTES

A. PLEDGE OF ALLEGIANCE

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 - None

D. MINUTES OF PREVIOUS MEETINGS

July 25, 2000

Director Orth moved to approve the minutes of July 25, 2000 as written, seconded by President Whitney. The vote on the motion was as follows:

AYES: Directors: Orth, Monteleone, Whitney

NOES: Directors: None

ABSENT: Directors: None

ABSTAIN: Directors: Venturi, Estabrook

Minutes Approved

August 1, 2000

Deferred to September 12, 2000.

E. SPECIAL PRESENTATION

RESOLUTION OF CONGRATULATIONS TO SCOTT HERMAN

President Whitney read the resolution out loud, congratulating ProShop employee, Scott Herman, who had passed the Professional Golfers of America Playing Ability Test to become a member of the PGA. Mr. Herman thanked the Board for its recognition.

F. PUBLIC HEARINGS

2. CONSIDERATION OF PROTESTS TO THE ABATEMENT OF A PUBLIC NUISANCE ON CERTAIN PRIVATE PARCELS LOCATED WITHIN THE DISTRICT.

President Whitney opened the public hearing at 7:10 p.m. John Darling of 24270 Birch Terrace, owner of parcel number 20 on the list, came forward. He explained that he did not receive the notice because the address on file with the County was outdated, and asked that he be given more time to comply. Director of Emergency Services, Daryl Schoeppner confirmed that he had been talking with Mr. Darling and asked that they be allowed to work together to complete the necessary work.

General Manager Williams reported that one letter of protest had been received from Kathryn Warner, owner of number 32 on the list, who stated that she was under contract with Marvin's Garden Tree Service and had paid them for the work which had been completed.

President Whitney closed the public hearing at 7:14 p.m.

Director Orth moved to remove number 20 from the list, seconded by Director Monteleone. A vote on the motion was taken which passed unanimously.

Director Orth moved to show number 32 on the list as complete, seconded by Director Venturi. A vote on the motion was taken which passed unanimously.

Director Orth moved to adopt Resolution No. 2000-42, a Resolution Ordering Abatement of a Public Nuisance on Certain Private Parcels Located Within the District. 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. 2000-42 Adopted

3. HEARING ON FIVE YEAR CAPITAL IMPROVEMENT PLAN UPDATE

President Whitney opened the public hearing at 7:15 p.m.

Dick Robie asked for clarification of the work planned for the Rockefeller tank. General Manager Williams assured him that it would help increase water pressure in the area. No other audience members came forward, so President Whitney closed the public hearing at 7:17 p.m.

Director Orth stated that he was glad to see the additional tank for Spring Creek in the Budget, as he felt it would improve fire protection for the area.

Director Venturi commented that the Finance Committee had reviewed the plan in great detail, and felt that it was a well laid out plan which should work well with the District's Budget.

Director Monteleone felt that the wording used in the plan should be easier for interested residents to understand, so that it is more clear how the District is spending its money. Director Orth suggested a list of approved projects for the Fiscal Year be posted on the website.

President Whitney clarified that some of the work to be done would be for expansion, therefore connection fees could be utilized.

Director Orth moved to adopt Resolution No. 2000-43, a Resolution of the Board of Directors of the Brooktrails Township Community Services District Approving a Five Year Capital Improvement Plan for the 2000 - 2005 period. 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. 2000-43 Adopted

G. PUBLIC COMMENTS - None

H. ACTION AGENDA

4. CONTINUED DISCUSSION OF PROPOSAL BY SOLID WASTES OF WILLITS TO GO TO A CART SYSTEM, THE POSSIBILITY OF REQUIRED PICKUP, REVIEW OF FRANCHISE FEE RATES CHARGED BY AGENCIES IN MENDOCINO COUNTY, AND RELATED MATTERS.

General Manager Williams reviewed the concerns raised by the Board at the meeting of July 25th, and the suggestions made by Jerry Ward in response to those concerns. Mr. Ward was present in the audience to answer questions.

Mr. Ward provided an outline of the impending changes in the solid waste industry that were the driving force behind his proposals. He noted that three changes had been made to the original proposal; allowing for 3 year extensions as opposed to 10 years, rate increases to be approved by the Board as opposed to the General Manager, and "Township" had been changed to "County," as it relates to roads. He also agreed to either take out the provision for charging the customer for lost carts, or increase the allowance of lost carts per year.

In response to a question from President Whitney, Mr. Ward estimated that universal service would result in an increase to the diversion rate of approximately 10% to 15%. He pointed out that the diversion rate is measured by the decrease in the amount of material going to the landfill, not by the increase in material being recycled.

Director Orth spoke in favor of co-mingled recycling, had no preference as to color of carts, but did prefer the smaller size. He asked that the Franchise Fee be looked at, was in favor of the long term contract and the rate reduction. As to mandatory collection, he would support an advisory election, if paid for by the Franchisee, to assess public response to the idea. He asked Mr. Ward if the transfer station would accommodate rail haul service in the future.

Mr. Ward pointed out some concerns about the use of rail haul, but stated that the transfer station could be retrofitted if it became economically cheaper than transport.

After clarification of the terms concerning the rate increases, Director Venturi spoke against mandatory pickup, and asked that the contract be reviewed by the Finance Committee prior to final action by the Board.

Director Monteleone reported that she had met individually with Mr. Ward to outline her main concerns which were: Why break an existing contract when it has 13 years left?; Why lock into a new long-term contract and preempt any possibility for competition during the next 15 years?; The 6% discount amounts to only a total of $32 per household spread over the course of two years, before the rates begin to go up based on the CPI; rate increases are built into the agreement; no "out" is available if dissatisfied with service or if business changes ownership. She also asked if the Franchise Fee could be increased without causing an increase in rates to customers. She spoke against mandatory pickup, and suggested that if it were implemented and self haulers are forced to pay a monthly fee, they be given credit towards use of the transfer station.

Mr. Ward assured her that the contract did provide for termination if he were to default, which included quality of service. He explained that the 15 year contract was more attractive to the bank which would be loaning him the funds to invest in the cart system. Also, he was willing to order carts in a more earth-tone color, such as grey or brown, and informed her that 86% of the customers in Brooktrails will be using the smaller 35 gallon cart. He stated that he was willing to delete the language stating "which consent will not be unreasonably withheld", as it relates to transferring his ownership interest in the business, but asked that there be no restriction to transfers to family members of first degree. He confirmed that he would entertain an increase to the Franchise Fee, but suggested, as an alternative, he provide free pick up service to the District offices without the reduction at year end based on tonnage, which amounts to approximately $1300 per year.

In response to Mike Adair, Mr. Ward confirmed that it was his intention to lower rates for self-haulers using the transfer station from $4 per can to $3 per can.

Director Estabrook suggested a provision be added to shorten the term if there were an assignment, as opposed to the District being able to approve or disapprove the assignment. He also felt termination should be an option if there were an excessive amount of complaints from customers. District Counsel Neary suggested a clause be added providing for termination if there were any material change in performance of the contract. Director Estabrook also suggested a test be done of the new carts at some of the more difficult locations in the District, to ascertain any unforseen problems prior to any major investment.

President Whitney suggested an advisory survey would be more cost effective than an election. He felt that universal service would result in less illegal dumping, but did not agree with charging a monthly fee to residents not using the service. However, if it were done he agreed with Director Monteleone's suggestion of credit at the transfer station.

Jack Cunningham felt that pickup of yard waste should be continued. Mr. Ward suggested it be taken to the transfer station to be recycled, as in the past it went to the landfill when picked up. Mr. Cunningham also spoke in favor of mandatory pickup.

A break was called to change the tape.

5. CONSIDERATION OF AN EMPLOYMENT AGREEMENT WITH MICHAEL V. CHAPMAN TO SERVE AS GENERAL MANAGER.

Director Orth moved to approve the Employment Agreement with Michael V. Chapman to serve as General Manager. The motion was seconded by Director Venturi and passed unanimously.

6. 2000 HAZARD ABATEMENT PROGRAM; AWARD OF CONTRACT FOR ABATEMENT OF PUBLIC NUISANCE ON GRASS LOTS.

Director of Emergency Services, Daryl Schoeppner, came forward and explained that only one contractor bid on the work. He believed it was due to the fact that other work is available during the season which pays better than grass lots.

Director Venturi moved that the contract be awarded to Marvin's Garden Tree Service. The motion was seconded by Director Orth.

Director Estabrook brought up concerns raised in the past by Bob Houtz about grass being left in the gutters. Mr. Schoeppner assured him that he had notified all contractors that the lots will not be signed off until the debris is properly disposed of.

Mr. Schoeppner reviewed a memo he had written describing the criteria used when writing up grass lots. President Whitney suggested people be encouraged to use the recently adopted Request for Action form to report grass lots of concern.

Mr. Schoeppner reported on a recent fire of suspicious nature, commenting that the number of those incidents had gone down this year.

President Whitney called for a vote on the motion which passed unanimously.

Director Venturi asked that item 11 on the agenda be moved up. Board members unanimously agreed to do so.

11. CONSIDERATION OF A RESOLUTION ADOPTING THE FINAL BUDGET FOR FISCAL YEAR 2000-2001.

General Manager Williams outlined the changes made as a result of the workshop at the previous meeting. Director Orth pointed out one typographical error on page 83. He then moved to adopt Resolution No. 2000-44, A Resolution Adopting the Final Budget for Fiscal Year 2000-2001. 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. 2000-44 Adopted

7. CONSIDERATION OF A LETTER TO CDF PROVIDING ADDITIONAL COMMENTS ON THE MAYFIELD THP.

A revised draft letter was presented for the Board's consideration. Noting that the THP had been withdrawn, Director Orth felt that comments made by any participating agency should become a matter of record, in case another THP is filed for this property. He also wanted to ensure that the area was considered a high erosion risk.

Director Monteleone stated that she would like to have copies of the comments from the participants. President Whitney suggested including a request for comments with the thank you letters. Director Monteleone asked that the letter be addressed to Rodger Thompson, as opposed to "Dear Sirs", and that in paragraph number 4 the word "give" be changed to "given."

Director Estabrook asked that the letter be copied to the participants in the field inspection, and that the following be added to the end of paragraph number 3: "We would also like you to consider that within the Brooktrails subdivision approximately 939 lots with preexisting development rights, 126 of which are developed, drain directly into Willits Creek. Given the average surface disturbance for a typical house and driveway, this translates to 35 acres of disturbance." He also asked that "and a fire contingency plan" be added after "fire prevention plan" in the first sentence of paragraph 4.

President Whitney asked that "since the entire THP area might be considered to have a high erosion factor" be added after "With regards to erosion monitoring" in the first sentence of paragraph number 2, and that "Please include a consideration of the past THP on this property, and the past commercial firewood operation, and provide us with copies of documents pertinent to these past operations of timber harvest and firewood cutting" be added after the end of the first sentence of paragraph 3. He then moved to approve sending the letter, as amended, with copies to each agency that participated in the inspection of the property. His motion was seconded by Director Orth.

Jack Cunningham voiced his opposition to the Timber Harvest Plan. Director Estabrook commented that he had received a letter of concern from Gail Richards.

President Whitney then called for a vote on the motion, which passed unanimously.

8. CONSIDERATION OF A LETTER TO THE COUNTY SURVEYOR REGARDING THE STATUS OF THE UN-DEVELOPED PORTIONS OF RIDGE ROAD WHICH ARE DESIGNATED AS FUTURE ALIGNMENT ON THE RECORDED BROOKTRAILS SUBDIVISION MAP.

General Manager Williams briefly reviewed the changes made to the letter. Jack Cunningham, a resident of Ridge Road, commented that he would like to see clarification of the areas that were the subject of the letter.

Director Orth moved to approve the letter as written, seconded by Director Venturi. Director Monteleone asked that the word "have" in the second sentence of the first paragraph be changed to the "has."

Director Estabrook asked that the phrase "with appropriate privacy fencing and gates" be struck from the end of the fourth paragraph.

President Whitney suggested replacing it with "with appropriate consideration for private property." He felt it was important for the public understand that it was the District 's intention only to investigate the ownership and easements through the area, not to infringe on someone's private property rights.

Director Orth amended his motion to allow the proposed changes. Director Venturi amended his second. The motion was passed by a unanimous roll call vote.

9. CONSIDERATION OF A LETTER TO FEMA AND OES REQUESTING CONSIDERATION OF BROOKTRAILS FOR A GRANT FOR PRE-FIRE MANAGEMENT.

Director Orth asked that the last sentence of the first paragraph be struck from the letter. He reported on federal government policies being developed to address fire prevention in forested areas.

Director Monteleone asked that the word "cooperation" in the first sentence be changed to "cooperative" and that the sentence "Currently there is only one public road in and out of the District." be added in the second paragraph after "There are over 1,400 residential structures with 3,600 residents."

President Whitney moved to approve the letter as amended. Director Orth suggested attaching the article about Ojai to the letter. The motion was seconded by Director Estabrook and passed unanimously.

10. ANNUAL REVIEW OF DISTRICT INVESTMENT POLICY.

President Whitney moved to adopt Resolution No. 2000-45, A Resolution Updating the Investment Policy for Brooktrails Township Community Services District. The motion was seconded by Director Venturi and a vote was taken as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 2000-45 Adopted

12. CONSIDERATION OF FINAL ACTION ON THE NEW TRAVEL POLICY.

General Manager Williams commented that the District employees had reviewed the new policy and requested one change to the wording in case the per diem allowance was obviously too low.

Director Venturi moved to adopt Resolution No. 2000-46, a Resolution of the Board of Directors of Brooktrails Township Community Services District Amending Resolution No. 1988-23, to Amend Section 5.16, Travel Allowance, of the Personnel Rules and Regulations. The motion was seconded by President Whitney and the vote was taken as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 2000-46 Adopted

13. REPORT BACK ON COUNTY TAX SALE OF LOTS.

General Manager Williams reviewed the report of 29 lots put up for sale at auction.

Director Orth asked if the County would be willing to negotiate a reduced price on the 5 no-bid lots. General Manager Williams replied that the County staff had told him the amount shown as "minimum bid" would be the lowest acceptable price. District Counsel Neary added that it was up to the discretion of the County as to whether to continue to list the no-bid lots at future auctions. Director Orth asked that the number of "un-sellable" lots held by the County be investigated and a list compiled.

Director Estabrook stated his desire to develop a revenue source to acquire tax sale lots in the future, and asked that a report of lots to be sold be obtained prior to the sale.

President Whitney asked that the District staff be directed to obtain a list of tax defaulted lots from the County, and map them to assess their relationship to donated lots and greenbelt. District Counsel Neary offered to outline the legal process governing the sale of surplus property, which he felt would apply to donated lots.

Director Orth stressed the need to acquire buildable lots to either retire them or make them available for reconfiguration.

14. REVIEW OF EVACUATION PLAN RECOMMENDATIONS.

General Manager Williams reported that the Evacuation Plan Committee had met on June 20th. The next meeting would be held mid-September.

Director Monteleone commented that a representative from NEST should attend the next committee meeting. Director Orth volunteered to attend.

Noting that it was nearly 10:30 p.m., Director Orth moved to extend the meeting 15 minutes, seconded by Director Venturi. The motion passed unanimously by a roll call vote.

15. UPDATE ON SECOND ACCESS.

General Manager Williams reported that, at the Board of Supervisors meeting of August 21st, Stan Townsend from the Department of Transportation indicated that the Project Study Report is in draft form and he is committed to formally presenting it on September 27th. Director Orth was pleased to hear about the PSR which he felt would do away with the assessment district and put the project in line for available state and federal monies.

16. REPORT BACK ON DIGITIZING, DATABASE AND GIS REVIEW.

General Manager Williams reported that at a staff level nothing more had been done except preparation for interface with the County, which was moving along at a rapid pace. In addition, CDF had digitized more than 80% of the County.

A brief discussion ensued about the advantages of the system and the information that would be available.

I. SPECIAL REPORTS - GENERAL MANAGER

i. Significant Correspondence received since last meeting:

A call had been received from Lena Ashley, Project Coordinator for the Willits bypass project, who indicated that according to the CalTrans manual a 2-lane bypass would function at LOS service level "D" not "E" as previously reported.

ii. Personnel

Director Monteleone expressed interest in attending the October workshop for Special District Administration. General Manager Williams offered to draft a tentative budget for her and the new General Manager to attend.

iii. Finance

July Warrants and the current report on Accounts Payable were reviewed.

iv. Planning

v. Possible upcoming agenda items

vi. Other

General Manager Williams provided a review of the County Budget hearings. He also reported that County staff will do an engineering study for the Birch/Sherwood Road intersection to improve safety, the request for undergrounding of utility lines had been referred to the undergrounding committee, and property taxes at the Grove property had been reduced by $1300 per year as a result of reassessment.

Director Venturi reported on the first meeting of the newly reorganized Green Committee which met on August 16th. Meetings will be held on the third Wednesday of each month at 5:00 p.m.

J. PUBLIC COMMENTS - None

K. ADJOURNMENT

Director Orth moved to adjourn and President Whitney declared the meeting of August 22, 2000 closed at 10:50 p.m.

PAUL A. WILLIAMS

Secretary to the Board of Directors

BOB WHITNEY,

President