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MINUTES


BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT

BOARD OF DIRECTORS

BROOKTRAILS COMMUNITY CENTER

24850 Birch Street, Willits, CA 95490

June 13, 2000

The Board of Directors of Brooktrails Township Community Services District
met in regular session on June 13, 2000 at 7:00 p.m. in Brooktrails Community Center.


REPORT ON CLOSED SESSION

President Whitney reported that the Board had decided to continue its closed session on Monday, June 19, 2000, at 8:00 a.m. in the District Office, to further review applications received for the General Manager position.





A. PLEDGE OF ALLEGIANCE


B. ROLL CALL

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


C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA

Director Orth offered to report on the Table Top Drill held on June 13th in the Special Presentations section of the agenda.


D. MINUTES OF PREVIOUS MEETINGS

May 23, 2000

Director Orth moved to approve the minutes of May 23, 2000 as written, seconded by Director Venturi. A vote on the motion was taken as follows:

AYES: Directors: Orth, Venturi, Estabrook, Whitney

NOES: Directors: None

ABSENT: Directors: None

ABSTAIN: Director: Monteleone


E. SPECIAL PRESENTATION

None


F. PUBLIC HEARING

2. PROPOSED RATES AND FEES ADJUSTMENTS FOR WATER AND SEWER RATES AND FEES.

Acting General Manager Wilson commented that the proposed rates had been reviewed by the Finance Committee, and are necessary to build reserves to provide needed repairs to the water and sewer system.

President Whitney opened the public hearing at 7:13 p.m.

Maria Bates asked for clarification of the rates proposed for Spring Creek, the monthly charge for a back-flow device, and the logic behind the tier system.

Kurt Ackerman inquired as to how many water connections were currently available, and about the procedure to raise availability charges.

Tim Hanna from the Willits Amateur Radio Society came forward to ask the Board to waive fees for use of the Fire House meeting room. President Whitney assured him that the General Manager and Fire Chief have the authority to waive fees at their discretion. Director Venturi thanked Mr. Hanna for the contribution the Society had made to the community.

Bill Edmondson came forward to commend the Board and District staff.

Leonard Wynn, from the Radio Society, came forward to support the waiver of fees.

Hearing no other comments, President Whitney closed the public hearing at 7:49 p.m.


3. PROPOSE RATES AND FEES ADJUSTMENTS FOR WATER AND SEWER CONNECTION FEES AND CONSTRUCTION WATER USAGE RATE.

President Whitney summarized the proposed rates for Water and Sewer Connection fees and construction service. He opened the public hearing at 7:50 p.m.

Director Estabrook explained how the connection fees are determined. District Counsel Neary clarified how the funds are to be used.

In response to Kurt Ackerman, Acting General Manager Wilson outlined the current and proposed connection fees.

Director Monteleone explained how the construction service rate evolved, and the final inspection process for new construction to convert to regular water service rates.

Maria Bates spoke against the implementation of a construction service rate. President Whitney clarified for her that Design Review was not required for Spring Creek.

No other audience members came forward, so President Whitney closed the public hearing at 8:05 p.m.


G. PUBLIC COMMENTS

Director Orth offered his report on the Table Top drill that was held earlier in the day. He spoke optimistically about the current condition of emergency services within the District, and voiced his appreciation to all of the agencies involved .

Kurt Ackerman came forward to voice his concerns about on-street parking and lack of signage.

Maria Bates felt that the Board should be aware of a potentially serious disease affecting oak trees in Northern California. President Whitney was also aware of the problem, and shared his knowledge of the subject.

Tom Porter voiced concern about the condition of a house and lot on Rose Terrace, where the residents appeared to be operating an automobile parts and repair business. President Whitney informed him that the same location had been the subject of several complaints in the past, and that he intended to file another complaint with the County.

Director Monteleone encouraged Mr. Porter to attend the focus meeting on June 20th, when the subject of follow-up to complaints was an agenda item.

Director Venturi described the vehicle code section that covers vehicles parked illegally, and suggested the California Highway Patrol be called for enforcement. Kurt Ackerman felt the Fire Department should require the residents to remove the vehicles.

Mike Aplet also complained about a residence near him, suggesting rental property should be treated as a business.


H. ACTION AGENDA

4. CONSIDERATION OF A RESOLUTION ACCEPTING THE DONATION OF 87 LOTS FROM TOM AND PEGGY PORTER.

President Whitney commented that he had reviewed the Conflict of Interest criteria, and felt that he did not have a conflict of interest, as stated at the previous Board meeting.

Director Estabrook summarized the Finance Committee's comments, pointing out the loss of revenues to the District and the long-term benefits of lot reduction.

Director Venturi commented that the committee saw more benefit to Mr. Porter than to the District.

Director Orth spoke in favor of accepting the lots. He saw it as an opportunity to downsize the community, which contributed to meeting the goals of the Specific Plan.

Director Venturi spoke against accepting the lots. Given the recent problems with the Fire Budget, he could not justify reducing revenues until the District's Budget was in the black.

Director Monteleone was in favor of accepting the lots as a means of reducing the size of the ultimate build-out of the District. She felt that the cost of development over the long run would be much higher than the loss of revenues.

Director Estabrook also spoke in favor of lot reduction by donation and mergers.

He stressed the need to reduce the ultimate build-out to 2500 homes, thereby avoiding the necessity to build another dam.

President Whitney pointed out that this was the largest charitable gift to the District in its history, and expressed his gratitude to Mr. Porter for his generous donation. He also pointed out that Mr. Porter could have received the same tax benefit if he had donated the lots to a land trust, or other charitable organization, which would have resulted in no benefit to the District at all. He explained to the audience that the use of the lots would be determined by future Boards, and that this action would be only to accept the donation.

District Counsel Neary commented that existing Board policy, as set forth by the Specific Plan, is to reduce the number of lots by voluntary measures, such as donations.

Mr. Porter came forward, and stated his appreciation for the Board's comments. He explained that this was a continuation of a series of donations that he had recently made to public agencies, indicating the possibility that he may offer more in the future. Director Venturi assured Mr. Porter that his views on lot donations in the future may change if the District's finances improve.

Director Orth was optimistic that the state would be returning funds to Fire Districts in the near future, which should help offset the loss of revenues due to donations.

Kurt Ackerman urged the Board to accept the lots to facilitate future mergers, and encouraged them to continue efforts to raise the fire tax to make up for the lost revenues.

Mike Aplet felt that this donation was an important first step in achieving the goals of the Specific Plan and thanked Mr. Porter. He also voiced support of the additional fire tax.

Director Orth moved to adopt Resolution No. 2000-24, A Resolution accepting donation of 87 lots from Tom and Peggy Porter. His motion was seconded by Director Estabrook, and the vote was taken as follows:

AYES: Directors: Orth, Monteleone, Estabrook, Whitney

NOES: Directors: Venturi

ABSENT: Directors: None

Resolution No. 2000-24 Adopted.

A break was called to change the tape.


BREAK at 8:55 p.m. - RECONVENE at 9:05 p.m.


5. CONSIDERATION OF A RESOLUTION ACCEPTING DONATION OF ONE LOT ON POPPY TERRACE FROM MANUEL AND MARLENE VARIAN.

Director Orth moved to adopt Resolution No. 2000-25, Accepting donation of one lot on Poppy Terrace from Manuel and Marlene Varian. His motion was seconded by Director Estabrook, and a vote was taken as follows:

AYES: Directors: Orth, Monteleone, Estabrook, Whitney

NOES: Directors: Venturi

ABSENT: Directors: None

Resolution No. 2000-25 Adopted.


6. CONSIDERATION OF AN ORDINANCE REPEALING ORDINANCE NOS. 69, 92, AND 96, TO PROVIDE OPTIONS AS TO SIZE, MEMBERSHIP AND MEETING SCHEDULES OF THE GREEN COMMITTEE.

Director Orth moved to waive further reading and schedule a Public Hearing on the proposed Ordinance for July 11, 2000. Director Venturi seconded the motion.

Director Estabrook inquired as to why an Ordinance is necessary to establish the Green Committee, when other committees of the Board are established by Resolution.

District Counsel Neary explained that the committee was originally set up by Ordinance, and an Ordinance is required to repeal an existing Ordinance.

Director Estabrook voiced concern about the proposed Ordinance, section 4, which requires compliance with the Brown Act. He felt that the current lack of interest in the committee was partially a result of the strict compliance requirements.

District Counsel Neary explained that any standing advisory committee of the Board is subject to the provisions of the Brown Act, primarily the posting of the agenda and notification of meetings to the public.

Director Estabrook also asked that under "Duties", section "F" of the proposed Ordinance, a statement be added requiring that the committee annually report to the Board any current or foreseeable problems, concerns of golfers, level of play, effectiveness of public relations programs, recommendations for improvements, and improvements made during the previous year.

Director Orth amended his motion to include the change to section "F." President Whitney asked Director Orth to amend his motion to simply repeal the existing Ordinances and re-establish the committee by Resolution. Upon confirmation from District Counsel, Director Orth agreed to do so, and Director Venturi amended his second.

Director Venturi stressed the importance of keeping the Green Committee active throughout the process.

A vote on the motion was taken, which passed unanimously.


7. CONSIDERATION OF A RESOLUTION ESTABLISHING THE FINANCE COMMITTEE AS A STANDING COMMITTEE OF THE BOARD.

Director Venturi, speaking highly of his fellow committee members, stated his support of the proposed Resolution. Director Estabrook agreed, encouraging the other Board members to raise their concerns to the committee.

President Whitney asked that in item 6 of Exhibit A, the word "material" be changed to "financial reports."

Director Venturi moved to adopt Resolution No. 2000-26, establishing the Finance Committee as a standing committee of the Board. His motion was seconded by President Whitney and a vote was taken as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 2000-26 Adopted.

Director Venturi reported that the Committee will be meeting with the District Auditor to provide input on the information presented in the annual audit.


8. CONSIDERATION OF A RESOLUTION AMENDING RESOLUTION NO. 1992-25, APPENDIX B DESIGNATED POSITIONS, CATEGORIES AND SCHEDULES, TO PROVIDE FOR THE FINANCE COMMITTEE AND THE GREEN COMMITTEE MEMBERS.

District Counsel Neary provided a summary of the District's Conflict of Interest Code, and reviewed schedules A1, A2 and B. He pointed out the need to review Appendix B, the list of individuals required to file the annual form, explaining that "Contract Planner" was added during the Specific Plan process, and now it is necessary to look at the newly formed Finance Committee, and review the requirements of the Green Committee members.

President Whitney felt that the Green Committee members should be required to file Schedule B, but not schedules A1 or A2, and the Finance Committee should be required to file schedules A1, A2 and B, as proposed in the draft Resolution. He suggested removing "Contract Planner", as there is no foreseeable need for such services in the near future.

Director Orth moved to adopt Resolution No. 2000-27, a Resolution Amending Resolution No. 1992-25, Appendix B Designated Positions, Categories and Schedules deleting "Contract Planner." His 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. 2000-27 Adopted


9. CONSIDERATION OF A RESOLUTION SETTING THE ANNUAL APPROPRIATIONS LIMIT PURSUANT TO THE STATE CONSTITUTION.

District Counsel Neary explained that state law prohibits government agencies from spending over a certain amount. However, the District's available funds have always been considerably under the allowed amount, so this is simply a formality to comply and calculate the limit.

Director Orth moved to approve Resolution No. 2000-28, A Resolution setting the Annual Appropriations Limit, pursuant to the state constitution. His 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. 2000-28 Adopted


10. CONSIDERATION OF A RESOLUTION TO AMEND PERS CONTRACT TO ALLOW MILITARY SERVICE CREDIT EFFECTIVE 06/14/2000.

President Whitney explained that this is the final step in the process to amend the PERS contract, as previously approved by the Board.

Acting General Manager Wilson commented that it results in no cost to the District, and recommended approval by the Board.

Director Venturi stated "So Moved." His motion was seconded by Director Orth,

and the vote was taken as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 2000-29 Adopted


I. SPECIAL REPORTS - GENERAL MANAGER

Acting General Manager Wilson provided an update on the work being done in Recreation Grove.

i. Significant Correspondence received since last meeting:

Director Monteleone was concerned about the tone of the letter from Dat Matson of CDF. Director Orth had talked to General Manager Williams about the letter, and felt that it was a misunderstanding.

President Whitney explained that the letter was sent because the District had worked with CDF for many years to develop a Pre-Fire Management Plan, however due to constant changes in CDF personnel, the plan had yet to be finalized.

Director Venturi asked for a copy of General Manager Williams' letter to Mr. Matson.

President Whitney suggested a meeting be scheduled with Assembly-Member Strom-Martin, State Senator Wes Chesbro, and the current CDF Battalion Chief to survey the fuel load in the District.

Director Orth defended the District's current hazard abatement program.

Director Estabrook suggested a future agenda item be scheduled on the issue.

President Whitney pointed out that Review of Progress on Pre-fire Management Plan and Emergency Simulation was scheduled for the meeting of June 27th. He asked that the Board members be given a copy of the CA Fire Plan.

Director Estabrook expressed disappointment in the response received from CalTrans to the Board's Resolution on the 2 lane bypass. He stated his intention to provide an opposing opinion for the Board's consideration.

 

ii. Personnel

 

iii. Finance

May Warrants & Aging Report on Accounts Payable were reviewed by the Board. Director Venturi inquired about the work boots and clothing reimbursement paid to retiree, Richard White.

iv. Planning

v. Possible upcoming agenda items

Director Monteleone asked that the three extra topics added to the agenda of June 20th be rescheduled to the July 11th meeting.

Director Orth reported that the County committee reviewing the evacuation plan was scheduled to meet on June 20th.

vi. Other

The Minutes of the March 17, 2000 Safety Committee meeting were received.


J. PUBLIC COMMENTS
None


K. ADJOURNMENT

President Whitney moved to adjourn to Monday, June 19, 2000 at 8:00 a.m. in the District office, for a closed session to review applications received for General Manager, and declared the meeting of June 13, 2000 closed at 10:10 p.m.



WENDELL WILSON,

Acting Secretary to the Board of Directors


BOB WHITNEY,

President

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