MINUTES

REPORT ON CLOSED SESSION

President Whitney reported that the Board had met with District Counsel in closed session
concerning potential litigation involving the Willits Creek Trail, and that no decision or recommendations were made.

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 Chapman and District Counsel Neary.

C. BOARD REORGANIZATION

Outgoing President Whitney opened nominations for the new Board President.

Director Orth nominated Director Estabrook. There being no other nominations,

outgoing President Whitney closed the nominations for President and Director Estabrook's nomination was approved by a unanimous roll call vote.

Having received the gavel, President Estabrook opened nominations for Vice President. Director Venturi nominated Director Orth. Director Whitney nominated Director Monteleone. Having received the nomination for Director Orth first, President Estabrook called for a vote on the nomination. Director Orth's nomination was approved by a unanimous roll call vote.

President Estabrook thanked Director Whitney for his service as President of the Board during the previous year. For the benefit of the audience and the other members of the Board, he outlined the duties and responsibilities of the Board President, noting that Brooktrails is governed by five equal members and that the position of President does not represent any higher authority, relating to items placed on the agenda.

D. COMMITTEE APPOINTMENTS

President Estabrook and Director Venturi expressed interest in continuing their work with the Finance Committee, and hearing no objections from the other directors, were so appointed. Noting a conflict with his current job schedule, Director Venturi asked that he be replaced as the Board representative on the Green Committee. Director Whitney volunteered to serve on the Green Committee. Director Whitney asked that Director Orth continue working with the Recreation, Greenbelt, Conservation Committee. Director Orth agreed to do so. President Estabrook stated his willingness to continue as the Brooktrails representative on the Willits Bypass Project Development Team. Director Monteleone asked to serve on the One Town - One Vision Committee, and expressed interest in continuing her work with the BPOA on the quarterly newsletter.

E. ADDITIONS/ ADJUSTMENTS TO THE AGENDA

Director Orth asked that he be permitted to report on the December 11th LAFCO meeting. President Estabrook suggested he do so after item "vi - Other" in the General Manager's Report section.

F. MINUTES OF PREVIOUS MEETINGS

November 14, 2000

General Manager Chapman noted a correction. The phrase "and passed unanimously by the members present" was added to the last sentence of page 3083, as the vote was inadvertently omitted. Director Whitney moved to approve the minutes of November 14, 2000 as corrected, seconded by Director Monteleone. The vote on the motion was as follows:

AYES: Directors: Whitney, Monteleone, Estabrook

NOES: Directors: None

ABSENT: Directors: None

ABSTAIN: Directors: Orth , Venturi

Motion Carried.

G. SPECIAL PRESENTATION - None

H. PUBLIC HEARING - None

I. PUBLIC COMMENTS

Mike Aplet, resident of Hawk Drive, reported on the United States Supreme Court ruling concerning the presidential election.

J. ACTION AGENDA

2. FURTHER CONSIDERATION OF L. WHITE MINOR SUBDIVISION AND CONSIDERATION OF APPEAL TO THE BOARD OF SUPERVISORS.

Director Whitney stressed the need to adequately protect the District in the event the sewer line must be accessed for maintenance, specifically relating to costs to repair the road. He was also concerned about the lack of an engineered drainage plan for erosion control to protect the watershed and endangered species in Willits Creek. Recognizing the historic use of the sewer easement as a public trail, and the Planning Commissions' attempt to protect future use as such, he asked that the General Manager work on improving the language used in the conditions of approval. He then made a motion that Brooktrails Township take an active roll in the appeal hearing before the Board of Supervisors, scheduled for January 23, 2001, not to oppose the subdivision but rather to request that the District's concerns about erosion control, trail easement and responsibility of repairs to the proposed road be addressed as conditions of approval. He asked the General Manager to report back to the Board on January 9th with draft language to clarify the proposed conditions of approval.

Director Venturi also voiced concern about increased traffic on the non-paved road over the sewer line. He asked for clarification of the "no-construction zone" and agreed that the trail easement was not adequately addressed.

Director Monteleone pointed out the need to allow for emergency ingress and egress along the existing sewer easement, and noted that the Brooktrails Specific Plan and the Willits Bike Plan both emphasize the need for the trail from Willits to Brooktrails.

Director Orth commented that the District should provide the Board of Supervisors with the language to be inserted into the document as conditions of approval. He felt that it was an appropriate request to require a drainage plan from a civil engineer, and asked that a disclosure be provided to any potential buyer notifying them that they are responsible for repairs to the road, and must conform to the County's Road Standards.

President Estabrook commented that both the Specific Plan and the County General Plan recognize the need for the trail, and he felt that the sewer easement was the only logical location. He pointed out that once the property is subdivided it will be even more difficult to obtain the trail easement.

Mike Aplet voiced agreement with the plan outlined by the Board and reminded them that action taken now may affect the use of the trail by future generations.

Director Whitney then summarized his motion which was seconded by Director Monteleone. A roll call vote was taken which passed unanimously.

3. FURTHER CONSIDERATION OF USE PERMIT APPLICATION SUBMITTED BY LACE L. MAY FOR AUTOMOTIVE REPAIR SHOP ON HIS PROPERTY AT THE END OF BUCKEYE ROAD.

General Manager Chapman offered a review of the two permits approved by the District Architect. President Estabrook invited Mr. May to come forward and describe the proposed project.

Referencing the General Manager's letter of September 27, 2000 to the Department of Planning and Building which outlined the Board's concerns, Mr. May assured the Directors that he would be working alone, without employees, no vehicles would be parked on site, his project would comply with all conditions of the Use Permit, would not create any noise, pollution, traffic, hazardous materials, or fire danger. He also pointed out that the nearest structure is miles away, and that his property is not visible to any neighbors.

Mr. May clarified for Director Whitney that the location is one legal parcel with an existing single family residence, although his brother was using it as a studio, and no one was currently living there. General Manager Chapman noted that this project would require an additional water and sewer connection, and that no other example of two connections in this zoning could be found within the District.

Director Whitney commented that justification for serving two residences on one parcel was lacking under the provisions of the Specific Plan. He pointed out that the District has an obligation to serve all of the other property owners, and providing an additional connection to this parcel could result in the denial of a connection to someone else in the future. Also, he stated that the proposed commercial activity was incompatible with the area.

Director Venturi asked for clarification of the type of activity, and the machinery that would be used. Mr. May stated that he would be modifying and repairing automotive components, utilizing lathes, air compressors, milling machines and CNC machines, and would not be repairing vehicles on site.

Director Monteleone pointed out two statements in the Use Permit application which she felt were erroneous; 1) that the property is not in Brooktrails Township, and 2) that no other related permits would be required. She also felt that the statement on in section 30 concerning surrounding land use was contradictory to the County Staff Report, and that Mr. May was misrepresenting the project as an "addition" rather than a new single family dwelling.

Director Orth pointed out that the existing structure is being used as a cottage industry. His concerns included the combined use of the two structures exceeding the limit for cottage industries, the establishment of the use as an automotive shop at the location, and lighting of the building at night.

Director Whitney read aloud relevant sections of the Cottage Industry Standards, including the provision that "no additional service demands will be created by the use" which he felt included additional water and sewer connections.

President Estabrook opened the floor to the audience members.

Concerned citizens that spoke against the Use Permit included Warren Miller, Jacob Vlietstra, Jack Bothwell, Bill Edmondson, Dick Robie, and Mike Aplet.

General Manager Chapman asked Mr. May to clarify the size of the concrete slab on the lower floor. Mr. May explained that the building would be 3, 584 square feet, not including the surrounding deck.

Director Venturi stated that although he is in favor of entrepreneurship, he wished to make a motion that the Board go on record as being opposed to the Use Permit Application, and that a letter be sent to the Department of Planning and Building stating so. The motion was seconded by Director Orth.

Director Whitney clarified that a separate water and sewer connection would be required for an additional residence, but not for shop. He felt that it was inappropriate for District staff to have approved the application for a grading permit in 1999, as no engineered erosion control plan was provided. He asked for a future agenda item to discuss grading permits in the future.

Director Estabrook commented that this is a discretionary action on the part of the Zoning Administrator, and not a property right. He stressed the need to weigh the pluses and minuses of any application received, and look at the overall benefits and detriments to Brooktrails, concluding that in this case the list of minuses far exceeded the pluses. He then called for a vote on the motion which passed unanimously.

Director Orth made a follow-up motion to attach to the letter of opposition, a summary of all comments and feelings of the Board. The motion was seconded by Director Venturi and passed unanimously by a roll call vote.

4. NOTICE OF VACANCY, APPOINTMENTS AND REAPPOINTMENTS TO BROOKTRAILS ARCHITECTURAL REVIEW COMMISSION.

District Counsel Neary offered a brief review of the duties and responsibilities of the Brooktrails Architectural Review Commission.

Director Orth moved to reappoint Commissioners Robert Terry and Donna Weston to the Architectural Review Commission for four year terms. The motion was seconded by Director Monteleone and passed unanimously.

Director Whitney moved to appoint Mike Aplet to the Architectural Review Commission for a four year term, seconded by Director Venturi. The motion passed by a unanimous roll call vote.

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

General Manager Chapman clarified that the financial loss to the District would be $300 per year, as of the subject lots are assessed the Sewer Standby Fee.

Director Whitney asked that an agenda item be scheduled to discuss development of an "asset management plan"to determine the most appropriate use for the growing inventory of donated lots.

Director Venturi reiterated his opposition to lot reduction programs that result in a reduction of revenues to the District.

Director Monteleone clarified that the District's sole purpose in accepting donated lots is to reduce the number of lots in Brooktrails as directed by the Specific Plan, and that it is not the District's intention to profit.

Director Orth felt that the proposed agenda item should include a method to classify each lot and a review of maps indicating boundary line adjustments as a result of lot mergers. He also asked that the budget be adjusted annually to transfer the lost Fire Tax assessments from the Franchise Fee to the Fire Fund.

President Estabrook voiced his strong support for the lot reduction programs.

Mike Aplet came forward to suggest that, where possible, the lots be combined into larger parcels. He volunteered to look over the lots with the General Manager to determine if any could be utilized for Greenbelt and trail system access.

Director Whitney moved to adopt Resolution No. 2000-54, A Resolution Accepting Grant Deeds of Real Property. The motion was seconded by Director Monteleone, and the vote was taken as follows:

AYES: Directors: Whitney, Monteleone, Orth, Estabrook

NOES: Directors: Venturi

ABSENT: Directors: None

Resolution No. 2000-54 Adopted.

6. REPORT ON AMBULANCE OPERATING EXPENSES.

President Estabrook reported that the Finance Committee had reviewed the figures, as requested by the Board, and that the figures listed as "Ambulance Billings" were not the actual amount collected. They concluded that it would be appropriate to have an April focus meeting on Fire and Ambulance services.

Director Venturi pointed out that if collections are 59% of billings, as stated by Director of Emergency Services Schoeppner in his annual report, the deficit for the Fiscal Year would be approximately $7,200.00, and voiced concern about the resulting loss of taxpayer's money.

Director Whitney asked for a report to clarify the amounts paid for Ambulance Remuneration, as it had not declined in proportion to the usage. He felt that a policy should be developed concerning the timing of and entitlement to remuneration payments.

Director Orth noted that sufficient time has now passed to assess the abilities of Liberty Ambulance to respond, and that an ambulance is not necessarily needed for medical aid response. He suggested that elimination of the ambulance would provide additional funds for upgrading the Fire Department's equipment, and that the issue of providing ambulance transport service could be revisited if the situation with Liberty Ambulance changes.

7. CONSIDERATION OF CLAIM OF ALANA LOPES.

General Manager Chapman reviewed the events which led up to the injury Ms. Lopes sustained at the Community Center. He reported that the problem had been repaired by District staff.

Director Venturi moved to reject the claim and refer it to the insurance carrier. The motion was seconded by Director Orth.

Director Monteleone expressed frustration that the hazard was not noticed by District staff prior to someone sustaining an injury.

Director Whitney asked that a future agenda item be scheduled to assess who is responsible for the activities that occur outside of the building in conjunction with an event which is held under a rental agreement with the BPOA.

Director Orth asked that the Safety Committee review other District facilities for any hazards of a similar nature. He felt that a fenced-in play area should be constructed for children.

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

K. SPECIAL REPORTS

i. Significant Correspondence received since last meeting:

General Manager Chapman reported that the County Board of Supervisors had unanimously approved the District's Specific Plan Amendment concerning Design Standards for Manufactured Housing.

A letter was received from Director Whitney outlining his opinion that the various boundaries of the District need to be defined and mapped.

ii. Personnel

General Manager Chapman reported that the Director of Emergency Services would be on medical leave of absence for approximately two to three months beginning the first week in January, and that an interim replacement may be needed. Board members agreed to schedule a closed session item to discuss the matter further.

iii. Finance

a. Director Orth reported that the new LAFCO law requires that funding for LAFCO be one-third County, one-third City, and one-third Special District, and will therefore impact the District's Budget.

b) November Warrants and report of Accounts Payable were reviewed by the Directors. General Manager Chapman suggested that these reports be reviewed by the Finance Committee in the future, which could report any concerns to the Board. Director Orth asked the General Manager to recommend which Financial Statements he felt the Board should review. Board members agreed that the report of Warrants was no longer needed as a separate agenda item, and agreed to discuss changes to Ordinance 93 at the annual planning session.

iv. Planning

Board members reviewed the Request for Action report. General Manager Chapman reported on recent correspondence with the Department of Transportation concerning the cable at the end of Buckeye Road, and the filling in of the old pipe and culvert at Beeler Pond.

v. Possible upcoming agenda items

vi. Other

a) The minutes of the Safety Committee meeting of September 5, 2000 were received and filed.

b) President Estabrook provided a written report on the CalTrans Project Development Team meeting held in Ukiah on November 16, 2000.

L. PUBLIC COMMENTS

Warren Miller asked the Board to consider replacing one of the Fire Department vehicles. Director Whitney asked that the matter be addressed as a future agenda item.

M. ADJOURNMENT

Director Orth moved to adjourn and President Estabrook declared the meeting of December 12 closed at 10:53 p.m.

MICHAEL V. CHAPMAN

Secretary to the Board of Directors

RICHARD M. ESTABROOK,

President