MINUTES

The Board of Directors of Brooktrails Township Community Services District
met in regular session on February 22, 2000 at 7:10 p.m. in Brooktrails Community Center.

President Whitney announced that no decision had been made in the closed session held at 6:00 p.m.
in the Brooktrails District Office, and that the Board intended to reconvene to closed session after the
conclusion of the regular meeting.

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

Director Monteleone asked that a discussion of material related to the up-coming NEST training be added to the agenda, as the BPOA hoped to advertise the event in the District's Newsletter. Board members agreed to discuss it as part of agenda item 9.

D. MINUTES OF PREVIOUS MEETINGS

February 8, 2000

Director Estabrook asked that on page 2961, in the fourth paragraph, the sentence "Items that concerned him included the amounts budgeted for sick leave and staff time from other departments" be changed to "Items that concerned him included the amounts budgeted in the Fire Fund for sick leave and staff time from other departments." He also asked that on page 2964, under General Manager's Reports, a sentence be added to reflect that he stated a potential conflict of interest, because the agency he works for deals with the NCRWQCB on a regular basis.

Director Monteleone asked that a sentence be added to the end of the first full paragraph on page 2963 as follows: "Director Monteleone said that a Community Services Committee should be established to provide the Board with information and oversight of the Township's community services and potential improvements."

Director Orth moved to approve the minutes of February 8, 2000 as amended, seconded by Director Venturi. Motion was passed unanimously.

February 15, 2000

Director Venturi moved to approve the minutes of February 15, 2000 as written, seconded by Director Monteleone. Vote on the motion was as follows:

AYES: Directors Venturi, Monteleone, Estabrook, Whitney

NOES: None

ABSENT: None

ABSTAIN: Director Orth

Minutes Approved.

E. SPECIAL PRESENTATION

SUPERINTENDENT OF UTILITIES, WENDELL WILSON, REPORT ON THE STATUS OF THE INFRASTRUCTURE OF THE DISTRICT'S WATER AND SEWER SYSTEM.

Wendell Wilson, Superintendent of Utilities, appeared before the Board and summarized his written response to specific information requested by Director Estabrook. He commented that, according to District records, 281 water leaks have been repaired since 1981, 24 of which occurred in 1999.

Director Monteleone asked for Mr. Wilson's suggestions, with regards to the need to replace the aging pipe. Mr. Wilson felt that major improvements would need to be made within the next ten years, and suggested working in sections as funds become available. Director Orth pointed out that a sinking fund had been set up for sewer, through the standby fees, and stressed the need to do the same for the water fund through the rate structure.

Director Estabrook felt that the District should utilize Mr. Wilson's knowledge and skills prior to his retirement, to develop long term and short term goals.

President Whitney pointed out that each year the Board updates its Capital Improvement Plan, and it now needs to provide the revenues necessary to fund those items.

District Counsel Neary clarified that water availability charges can be used for maintenance of the system, however hook-up fees must be used for capital projects. Director Orth stated that bond funds are available occasionally to provide funds for water system improvements, as long as the District can demonstrate adequate revenue stream to repay the debt.

President Whitney asked about the feasibility of using plastic pipe to line the steel pipe, as opposed to replacing it. Wendell Wilson stated that due to the many laterals off of water systems, lining was not an option. General Manager Williams concurred. A former P.G. & E. employee came forward and reported that P.G. & E had used plastic pipe inserts in some its natural gas lines, and suggested that they may have some helpful information on the subject.

Gary Magratten, a member of the Finance Committee, came forward and offered positive comments. Tom Herman provided details of the City of Willits' recent water system upgrades, including efforts to re-line sewer pipe, and also stated that lining was not used for water systems. He offered to attend a future Finance Committee meeting to share his experiences.

F. PUBLIC HEARING

None

G. PUBLIC COMMENTS

None

H. ACTION AGENDA

3. CONSIDERATION OF COUNTY REFERRAL OF A REQUEST BY RICHARD AND FLORENCE DELROW FOR A VARIANCE FROM THE 20 FOOT MINIMUM REAR YARD SETBACK TO 6 FEET.

General Manager Williams reported that the County had forwarded the request for a rear yard setback variance to the Board for comments. He pointed out that the sloped terrain of the lot created an obvious need for a deck for access to the back of the home.

Dan Ramsey, Mrs. Delrow's son, came forward to address the Board. He provided a brief explanation of the proposed project, noting that the problem of the setback occurred as a result of the need to relocate the foundation to save a 65 foot tall redwood tree.

Director Orth pointed out the necessity to accommodate the needs of the elderly residents in the District, and felt the Specific Plan allows the Board to look at each proposal on a case-by-case basis, taking into account the small lot sizes and rural characteristics of the area. He suggested a ten foot deck and a ten foot setback as a fair compromise.

Director Venturi felt this project conformed to those sections of the Specific Plan that address both the need for development of adequate senior housing, and better use of back yard areas, and agreed with Director Orth that it would improve property values in the neighborhood.

Director Monteleone inferred that steps could be built to allow access to the back of the house, and asked Mr. Delrow to justify the need for a 15 foot deck, as a 5 or 6 foot deck would suffice. She voiced concern about setting precedents, commenting that many people do not conform to approved plans, and then ask for variances after the fact.

Director Estabrook stated his opposition to granting variances, in general, noting the time and effort that goes into the development of the design standards. He suggested that the size of the deck be reduced to comply with the setback standards. He also felt it would be unfair to the owners of the adjacent property to grant the variance, and suggested they research the possibility of purchasing the lots to the rear for a possible merger.

President Whitney asked for clarification of the changes that were made after approval, and stated that he would feel more comfortable discussing this matter after the District Architect approved the plans for the deck.

Director Orth moved to send comments to the County recommending granting of a variance from the 20 foot minimum rear yard setback to 10 feet. Director Venturi seconded. Director Monteleone felt that the comments should address the size of the deck, as well. Director Estabrook agreed. President Whitney asked for comments from the audience.

Ginger Pohlson suggested the Board research safety codes and provide an rear exit adequate for safety purposes. Bob Terry voiced his agreement with Ms. Pohlson.

A review of the approved plans indicated an exit door on the rear of the house, but no deck. Director Monteleone reiterated her concerns about plans not being adhered to. Mr. Delrow assured the Board that it was not their intention to deceive.

A vote on the motion was then taken as follows:

AYES: Directors Orth, Venturi

NOES: Directors Monteleone, Estabrook, Whitney

ABSENT: None

Motion failed.

President Whitney made a motion to approve the setback variance with the following conditions; that a minimum 10 foot setback be maintained, the deck size be a maximum of 8 feet, and the District Architect conduct a site review and provide a written report to the General Manager for transmittal to the County, for additional comments from the District. The motion was seconded by Director Orth and passed unanimously.

9. REVIEW OF MOCK-UP OF THE PROPOSED ANNUAL NEWSLETTER.

Director Monteleone called attention to the material that she had provided, explaining that Neighborhood Emergency Service Team (NEST) is a comprehensive multi-agency training program developed to assist communities prepare for an emergency. She asked that the District become more involved in advertising the event, and felt that Brooktrails' Fire Department should be the lead agency responsible for getting the word about the meeting out to the public. She showed the Board members a flyer that she designed, suggesting it be distributed with the District's annual newsletter.

Bob Terry of Poppy Lane and Ginger Pohlson of Brooktrails Drive, representatives of the BPOA, urged the Board to become involved in the program.

Director Orth suggested adding a message on the water bills as means of promoting the NEST meetings. He felt that the Firefighters Association should become involved, as well.

General Manager Williams pointed out that the District's newsletter would not be sent out in time to include the NEST meeting announcement.

Director Venturi did not think the District could afford to do a separate mailing. He felt that the material was somewhat unorganized, and suggested BPOA get input from other communities that have held the meetings. He noted that many residents read out of area newspapers, and suggested advertising in the Journal and the Press Democrat, as well as the Willits News.

Director Estabrook was in favor of assisting with the event, but felt it should be pushed back a month to allow more time, if possible.

President Whitney suggested that if the firefighters received credits for this training they would be more apt to become involved.

Board members agreed to include an announcement in the newsletter, if timing allowed, a notice on the water bills, and to schedule a future agenda item to discuss the program in more detail.

With regards to the District's newsletter, Director Venturi offered to assist with the layout. Director Monteleone suggested going with 81/2 x 14 paper, and putting the Lot Merger program information on an insert which could be removed and kept by the reader for future reference.

Director Estabrook did not think that the rate and fee notice would be ready by the time the newsletter was ready, thereby resulting in additional free space.

4. DISCUSSION OF BROWN ACT PROVISIONS AS THEY RELATE TO DIRECTORS COMMUNICATING BY E-MAIL.

Director Orth stressed the need for the Board to adequately research this issue, as it relates to the provisions of the Brown Act.

President Whitney read out-loud, portions of the memo which he had sent to the other Directors via E-Mail.

District Counsel Neary reviewed his opinion on the subject. He concluded that the Brown Act does prohibit the use of direct communication, by means of messenger or technological devices, by a majority of the Board to reach a collective concurrence or to deliberate on a matter that is within the agency's jurisdiction. He suggested contacting the Special District's Association for related information.

After a brief discussion, some Board members agreed that it would be best to err on the side of conservatism, and refrain from e-mail communication, other than requests for agenda items directed to the General Manager.

President Whitney felt that information on the subject should be requested from the State Legislators. Director Orth asked that the opinion include appropriate use of governmental web pages. President Whitney asked that he be granted the authority to work with the General Manager to draft a letter. Director Orth stated "so moved." Director Monteleone seconded the motion. District Counsel Neary asked that the motion be expanded to include the Special District's Association. Director Orth amended his motion, Director Monteleone confirmed her second, and a vote was taken which passed unanimously.

5. REVIEW OF DISTRICT'S RULES AND PROCEDURES FOR ADOPTION OF THE ANNUAL BUDGET, AS ESTABLISHED BY RESOLUTION NO. 1998-7.

As a follow-up to the previous Board meeting, General Manager Williams drafted a Resolution providing descriptions of the Accounting Codes to be used in the annual Budget.

Director Orth moved to adopt Resolution No. 2000-6, a Resolution Amending Resolution No. 1998-7, to Add Section 4D - Description of Expenditure Accounting Codes. The motion was seconded by Director Venturi.

Director Monteleone felt that the description of Maintenance and Operation under item D2 was too broad. She commented that the amount of money spent on training seemed high, as did the limit of $500 for small tools with a useful life of less than one year. General Manager Williams confirmed that volunteers are included in the description of employees, and clarified the descriptions of "Contract Services" and "Contract Operations."

Director Estabrook stated that he was not in agreement with the definition of Reserves in item 5, but because Resolution No. 1998-7 implied that it was separate and distinct fund, he asked that it be addressed at a later date.

President Whitney asked that, in the description of 3000 Contract Services, the word "work" be changed to "services" and that the description of 3500 Contract Operations be changed to "Cost of contracted public services with outside agencies."

Director Orth amended his motion to include the suggested changes, Director Venturi confirmed his second, and a vote on the motion was taken as follows:

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

NOES: None

ABSENT: None

Resolution No. 2000-6 Adopted.

6. REVIEW OF THE DISTRICT'S POLICY ON USE OF THE CREDIT CARD, AS ESTABLISHED BY RESOLUTION NO. 1983-3.

Director Orth felt that the purpose of the credit card, historically, was for travel by District employees and Directors He recommended that its use be limited to travel.

Director Venturi was concerned that the bidding process required by Resolution No. 1985-37 was eliminated when the card was used for purchases, especially of computer equipment and software, and pointed out that Resolution No. 1983-3 stated that the card would be used by the General Manager and authorized Board members, although employees have also used the card. He felt that a policy should be developed to limit the uses of the card.

Director Monteleone felt that spending on training was excessive, both for Directors and Fire Department. She agreed that a future agenda item should be scheduled to update the policy and review the authorized users.

Director Estabrook commented that he felt less need to restrict the use of the card than did the other Directors. However, he did feel that the funds should be available to pay for anything that is charged on it. Pointing out that Resolution 1998-7 requires funds be available prior to the issuance of a purchase order, he felt that a similar provision should apply to the use of the credit card, and did not want the District to incur any finance charges.

President Whitney suggested a new Resolution be drafted, adding the provision that funds must be available, no finance charges shall accrue, and that per diem limits be set on the amount allowed for travel. Also, he felt that the phrase "at the discretion of the General Manager" should be included in the description of authorized users. He asked that a report be provided monthly, listing each charge on the card, and copies of the invoices for each purchase be provided with the report.

7. REVIEW OF COMPLAINTS FILED WITH THE DISTRICT OFFICE IN 1999.

Director Monteleone felt that if the "Who to Call" list was available to the public, the number of complaint calls to the District office would decrease. She expressed concern about the tree-cutting incident on the last page, and felt that it should have been followed-up with a complaint to the Sheriff's Department. District Counsel replied that because it is a misdemeanor, the Sheriff's Department and District Attorney have not pursued these complaints. It would require court action by the property owner.

President Whitney suggested Board members schedule a future agenda item to discuss the particulars of any specific incidents of concern.

8. CONSIDERATION OF A RESOLUTION URGING THE COUNTY TO IMPROVE THE INTERSECTION OF BIRCH STREET AND SHERWOOD ROAD.

As a follow-up from the Board meeting of February 15th, General Manager Williams provided Board members a draft Resolution and copies of a previous Resolution sent to the County concerning traffic issues. He suggested they transmit a Resolution to the County, with a drawing from the Specific Plan of the recommended changes to the intersection.

Director Estabrook provided copies of a memo he had prepared, summarizing accidents that had occurred at the intersection during the calendar years 1988 through 1998, noting that 20% of the accidents that occur on Sherwood Road occur at the Birch/Sherwood Road intersection and the Brooktrails Drive and Sherwood Road intersection. He moved to approve Resolution No. 2000-7, Urging the County of Mendocino to Fund Improvements and Repairs for the Birch/Sherwood Road Intersection, seconded by Director Monteleone.

Director Orth suggested sending copies of the Resolution to the Board of Supervisors, individually. President Whitney asked that a copy be sent to the Willits News, as well.

Director Estabrook suggested taking this one step further, and asking Stan Townsend, Director of Transportation, and Supervisor Tom Lucier to attend a Board meeting, to emphasize the need to address this issue separately, as soon as possible. Director Orth suggested hand-delivering the document to the County offices in Ukiah.

A vote on the motion was then taken as follows:

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

NOES: None

ABSENT: None

Resolution No. 2000-7 Adopted.

I. SPECIAL REPORTS

i. Significant Correspondence received since last meeting:

1. A response from Senator Wes Chesbro to the District's Letter of January 14th Concerning the Fees Charged by State Agencies was reviewed by the Board.

2. A letter was received from Angelina Welch, expressing interest in using the meadow at Recreation Grove for a wedding in May.

ii. Personnel

iii. Finance

iv. Planning

Plans for a garage on Birch Lane were approved by the District Architect.

v. Possible upcoming agenda items

Board members reviewed tentative agenda items scheduled for upcoming meetings.

vi. Other

General Manager Williams announced the birth of his 13th grandchild, Hunter Scott Norris, born on February 21st. He will be absent from the District during the week of March 13 through 17.

J. PUBLIC COMMENTS

Ginger Pohlson asked for clarification of the Boards' direction about the NEST meeting. She informed the Board that the BPOA agreed to pay the mailing cost for the flyer.

K. CLOSED SESSION

At 11:45 p.m. the Board recessed to closed session regarding the purchase of a handgun with the District's credit card, pursuant to Government Code Section 54957.6.

At 12:30 a.m. the Board reconvened to open session. President Whitney reported that, by a majority vote of the Board, the General Manager was verbally reprimanded for violation of the District policy, by allowing the purchase of a handgun, over $500 in cost, without the bidding process.

L. ADJOURNMENT

Director Venturi moved to adjourn and President Whitney declared the meeting of February 22, 2000 closed at 12:33 a.m. February 23, 2000.

PAUL A. WILLIAMS

Secretary to the Board of Directors

BOB WHITNEY

President