The Board of Directors of Brooktrails Township Community Services District
met in regular session on March 28, 2000 at 7:00 p.m. in Brooktrails Community Center.
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 Estabrook asked that item 2c be removed from Routine Items. Director Monteleone asked that the warrants from the agenda of March 14th be included in the packet for the next meeting.
D. MINUTES OF PREVIOUS MEETINGS
March 4, 2000
Director Monteleone asked that "Continue to improve and enforce Design Standards" be added under Planning in the attached chart of Goals and Objectives. Director Orth moved to approve the minutes of March 4, 2000 as amended, seconded by Director Estabrook. The vote on the motion was as follows:
AYES: Directors: Orth, Monteleone, Estabrook, Whitney
NOES: Directors: None
ABSENT: Directors: None
ABSTAIN: Directors: Venturi
March 14, 2000
Director Orth asked that in the second paragraph of section E on page 2989, the phrase "which he felt was attributable to the numerous control burns" be changed to read "which he felt was attributable to the elimination of controlled burns during fire season". Director Venturi moved to approve the minutes of March 14, 2000 as amended, seconded by Director Orth. Motion was passed unanimously.
E. SPECIAL PRESENTATION
None
F. PUBLIC HEARING
None
G. PUBLIC COMMENTS
None
H. ACTION AGENDA
Routine Items
2a. ANNUAL REPORT ON OFFICER AND EMPLOYEE EXPENSE REIMBURSEMENT.
Director Monteleone questioned the amount of money spent on employee's boots and work pants. She asked if there was a spending limit, and when the policy was established. General Manager Williams replied that the limit was $300 per year, and that the policy was established in the 1980's.
General Manager Williams confirmed for Director Estabrook that the Staywell program was cumulative.
Ginger Pohlson, Maintenance Worker for the District, provided the background of the establishment of the Staywell program, and reviewed the clothing requirements placed on the District maintenance workers.
2b. CONSIDERATION OF A RESOLUTION (No. 2000-8) ACCEPTINGAND GRANTING PROPERTY FROM ROBERT TOTANS ON MADRONE DRIVE.
In response to concerns from Director Orth, General Manager Williams confirmed that the 20 foot strip easement was not for drainage.
2d. CONSIDERATION OF A RESOLUTION (No. 2000-9) DECLARING CERTAIN PROPERTY OWNED BY THE DISTRICT AS SURPLUS, AND AUTHORIZING DISPOSITION OF SAID PROPERTY.
Director Monteleone inquired if there was a minimum bid established for each item. General Manager Williams explained that there was not. She then asked if there was an alternative means of sale, such as the annual flea market. District Counsel Neary explained that the auction policy was established by the Board in the 1970's, to provide a means of assuring that the property would be seen by the widest possible audience at the lowest possible cost.
2e. CONSIDERATION OF A RESOLUTION (No. 2000-10) ENDORSING EARTH DAY NETWORK'S CLEAN ENERGY AGENDA.
Director Venturi moved to approve items 2a, 2b, 2d, and 2e, adopting Resolutions No. 2000-8, 2000-9, and 2000-10. Director Orth seconded the motion and a vote was taken as follows:
AYES: Directors: Orth, Venturi, Monteleone, Estabrook, Whitney
NOES: Directors: None
ABSENT: Directors: None
Resolutions No. 2000-8, 2000-9, and 2000-10 Adopted.
2c. CONSIDERATION OF RESOLUTION DECLARING EXISTENCE OF A PUBLIC NUISANCE BECAUSE OF WEEDS, GRASSES, AND OTHER COMBUSTIBLE VEGETATION ON CERTAIN PRIVATE PARCELS WITHIN THE DISTRICT.
Director Estabrook stated a conflict of interest, because lots 59 and 60 were adjacent to his property.
Director Orth pointed out that Directors' properties also receive abatement notices. Fire Prevention Officer Daryl Schoeppner stated that he does not have the property owner's information when patrolling the area, and described the conditions he looks for when writing up a lot.
Robert Houtz, representative of BPOA commented that he would report any debris left in gutters.
Director Venturi moved to adopt Resolution No. 2000-11, a Resolution Declaring Existence of a Public Nuisance Because of Weeds, Grasses and Other Combustible Vegetation on Certain Private Parcels Within the District. The motion was seconded by Director Orth and the vote was taken as follows:
AYES: Directors: Orth, Venturi, Monteleone, Whitney
NOES: Directors: None
ABSENT: Directors: None
ABSTAIN: Directors: Estabrook
Resolution No. 2000-11 Adopted.
3. CONSIDERATION OF A DRAFT RESPONSE TO LITTLE LAKE FIRE DISTRICT CONCERNING THEIR PROPOSAL OF ANNEXATION.
President Whitney read the proposed letter out loud. Director Orth moved to approve the letter as written.
Director Venturi commented that the letter sent to Little Lake Fire District gave them very little direction, and simply asked them to provide a proposal based on what they thought would be an appropriate level of service. He felt that all options should be explored, but the proposed letter as written would effectively "shut the door". He suggested a meeting be scheduled with representatives from Little Lake, members of the Board of Directors, and the General Manager to discuss the options and issues.
Director Monteleone agreed, adding that the tone of the letter seemed almost adversarial. She felt that the letter should be more specific and explain to them that, with the retirement of the Fire Chief and General Manager, Brooktrails is in a state of transition.
Director Estabrook commented that he is not in favor of annexation, but did not want to close the door on other possibilities. He suggested the letter be re-written in a more positive tone.
President Whitney made a motion to not send a letter, but rather to have the General Manager schedule a meeting with representatives from Little Lake and one member from the Board. Director Monteleone volunteered to attend the meeting. Director Venturi seconded the motion. Fire Prevention Officer Schoeppner encouraged the Board to include the present Fire Department staff in the meeting with Little Lake.
Bob Houtz came forward and stressed the need for the Board make the property owners aware that the Fire Department needs additional funding to continue to provide fire protection for the District.
Ginger Pohlson felt that the District should pursue annexation of those areas that do not pay the annual Fire Tax, but are currently covered by the Fire Department under its mutual aid agreement with CDF and Little Lake.
President Whitney agreed, and suggested a map be developed comparing the area covered by the Fire Department with the area that pays the tax.
Director Orth commented that under the present mutual aid agreement both departments operate to the benefit of each other. Noting that the Fire Tax did get a 54% majority of the vote, he felt that the District should continue to streamline the Department and prepare to go for another tax increase to provide funds for capital items, and was therefore in opposition to the motion.
President Whitney called for a vote on the motion which was taken as follows:
AYES: Directors: Venturi, Monteleone, Estabrook, Whitney
NOES: Directors: Orth
ABSENT: Directors: None
Motion passed.
4. DETERMINATION OF FIRE DEPARTMENT ORGANIZATION FOR 2000/2001 FISCAL YEAR, OF FIRE CHIEF AND PART-TIME SECRETARY, OR OTHER OPTIONS.
General Manager Williams summarized the material presented in the staff report, recommending the Board delete the position of Fire Prevention Officer effective July 1, 2000. Because Chief Thomen is retiring August 19, 2000, but will be on leave effective July 1, 2000, he recommended negotiation of an employment agreement with Daryl Schoeppner to serve a Acting Fire Chief from July 1st through December 30th, which would allow for the recruitment of the Fire Chief after the selection of the new General Manager.
Director Estabrook agreed that this would provide a smooth transition, but was concerned about paying salaries for two full-time Fire Chiefs during the overlap.
Director Monteleone voiced concern about the effect elimination of the Fire Prevention Officer position would have on the hazard abatement program, and suggested training volunteers to act in that capacity. General Manager Williams clarified the revenue projected for hazard abatement liens, which was based on the proposed staffing of one full time Fire Chief and a part time Secretary.
Mr. Schoeppner agreed that using properly trained volunteers could be a viable alternative, as many lots are now on a maintenance contract, and done on a yearly basis.
Director Orth moved to delete the Fire Prevention Officer position effective July 1, 2000, seconded by Director Monteleone.
Mr. Schoeppner voiced his concern about becoming an "at will" employee of the District. He also recommended a full-time Secretary to allow the Fire Chief the time necessary to train volunteers and oversee the hazard abatement program.
President Whitney clarified that the motion on the floor to eliminate the FPO/Captain position was a separate issue from the negotiation of an employment agreement with Mr. Schoeppner. He then called for a vote on the motion which passed unanimously.
President Whitney suggested the Board consider a start date of August 19th, as opposed to July 1st, for the Acting Fire Chief position to address Director Estabrook's concern.
District Counsel Neary recommended the Board give direction to staff to begin negotiation with Mr. Schoeppner for continuation of employment, but to discuss the terms of the agreement in closed session.
Director Orth asked the Board to consider two options, the Acting Fire Chief option as presented in the Staff Report, and the possibility of moving Mr. Schoeppner into the Fire Chief position for a probationary period.
Director Venturi moved to authorize the General Manager to negotiate an employment agreement with Daryl Schoeppner to serve as Acting Fire Chief from July 1, 2000 to December 31, 2000. The motion was seconded by Director Monteleone.
Robert Terry of Poppy Lane, Ginger Pohlson of Brooktrails Drive, and Jack Cunningham of Ridge Road urged the Board to negotiate with Mr. Schoeppner to ensure his continued employment.
District Counsel Neary again cautioned the Board that employment matters should be discussed in closed session.
President Whitney clarified that if the motion on the floor passes, the options suggested by him and Director Orth could also be considered in the employment negotiations.
A vote was taken on the motion, which passed unanimously.
President Whitney then called for a break to change the tape.
BREAK at 8:40 p.m. - RECONVENE at 8:47 p.m.
5. CONSIDERATION OF A RESOLUTION ESTABLISHING POLICY ON USE OF DISTRICT CREDIT CARD.
General Manager Williams outlined the discussions of the previous meetings.
Director Venturi provided copies of a memorandum to the other Board members concerning his experience with credit cards as a Willits Police Department employee. He advised setting spending limits for travel and training, and as an alternative to a credit card, issuing warrants to the employee for the daily travel limit, which would be accounted for upon return.
Director Monteleone asked that air travel be booked by the office staff to ensure that the lowest possible fare is obtained.
Director Estabrook provided the federal limits for comparison purposes, and asked that rental cars, gas for rental cars, airport parking, airport shuttle, and public transportation be added to Exhibit A, Section A . He asked that a statement about encumbrances be added requiring that a) the expense has been budgeted for; and b) adequate cash is on hand to pay for the expense. Also that the bill for the credit card be paid in full each month.
President Whitney asked that any travel, other than travel in automobiles, be subject to prior Board approval, and that the General Manager, only, be authorized to make internet purchases.
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.
6. PRIORITIZATION OF THE FOLLOW UP ITEMS FROM THE SPECIAL MEETING OF FEBRUARY 15TH.
The "New Water Service Connections" chart for the period of 1985 through 1999 was provided. Board members asked that it be updated annually.
Director Orth suggested inviting a representative from the Air Quality Board to a future meeting for a presentation, and changing "Install natural gas lines as part of second access" to "Install utilities as part of second access", as P.G.&E. has stated that installation of natural gas lines in Brooktrails would be cost prohibitive. He did not feel that burning limitation year-round would be reasonable, because of the cost to dispose of material cleared during hazard abatements. He felt that a high priority item was to charge for hazard abatement, and suggested that grading of trails be referred to the Recreation Committee.
Director Venturi reported that Greg Francis of CHP would not be able to attend a Board meeting to discuss speed limits until June, because of family matters. He asked that graywater systems in new construction be addressed soon.
Director Monteleone suggested delegating some items on the list to appropriate committees and/or BPOA. Her priority items included continued push for a second access route, the lot merger program, purchase of tax sale lots, research whether the undeveloped areas on Ridge Road could be used for an emergency road, and speed limits. She also suggested the Board work with BPOA, the District Architect, and staff to compile and distribute Design Standards and to work with the County to enforce them. She asked that local realtor, Bill Barksdale, be invited to attend a Board meeting to share ideas about how to make property buyers more aware of the standards, and that a representative from the Sheriff's department be invited to discuss increased enforcement of speed limits.
Director Estabrook's priority items were safety issues, including the Greenbelt Management Plan, Ridge Road easement and CHP. Other time sensitive items that concerned him were graywater systems, native landscaping, lot mergers, air quality and outdoor burning limitations.
President Whitney hoped that all underground utilities could be included in the construction of the second access, and asked that funds for the Greenbelt management plan be included in the current budget cycle. Items he suggested referring to the Greenbelt & Conservation Committee included improvement of trails, rezoning of the Greenbelt, and native plant landscaping. Priority items included tax sale lots, the lot merger program, and graywater systems. He suggested contacting the County about possible easements on Ridge Road, and offered to work with the General Manager to schedule the items on upcoming agendas, including additional discussion of Powers and Limitations of the District.
Mr. Schoeppner addressed Bob Houtz's concern about excessive smoke from burn piles.
Ginger Pohlson inquired about posting of residential zone signs to establish the 25 mph speed limit.
7. FINALIZATION OF GENERAL MANAGER RECRUITMENT MATERIAL.
General Manager Williams provided a review of changes made as a result of previous discussions.
Director Estabrook felt that more emphasis should be placed on financial skills, with a Bachelor's Degree as a minimum requirement, and an MBA or MPA highly desirable. He also asked that favored characteristics include "Willingness to accept the goals and objectives of the Board of Directors."
Director Monteleone asked that the statement on the Job Description under Important Responsibilities and Duties read "Coordination and involvement with other Governmental Agencies." She felt that awareness of the website was important, but not necessarily the ability to oversee large computer networks, adding that the screening committee should be made aware of what is most important, so as not to eliminate an otherwise qualified candidate. She asked that the list of favored characteristics include the ability to express new ideas, and felt that the brochure should be updated to reflect that the Specific Plan is completed, and the map should show "Brooktrails" as opposed to "Project Site."
After a review of potential screening committee members, President Whitney suggested Candace Horsely, Ukiah City Manager, be asked to help.
Director Venturi felt the Job Description should be more specific about "training equivalent to a BA." He also felt that the candidate should have computer skills, including familiarity with the internet, and asked that the advertisement appear in the Ukiah Daily Journal.
President Whitney suggested that the experience and training listed in the brochure be expanded.
Board members agreed to provide their comments to the General Manager for editing and review at the next meeting.
8. CONTINUED DISCUSSION OF DISTRICT COUNSEL'S OPINION ON LOT ABATEMENT.
District Counsel Neary offered a brief review of his opinion, pointing out that the District currently does not have the authority to regulate grading, however it could pursue the authority using existing Ordinances 98 and 99 as the vehicle. He reported that the County was currently under pressure to develop an grading ordinance and suggested that there may be a way to include specific conditions for Brooktrails.
Director Orth asked that a letter be drafted to the County urging them to develop a grading ordinance, and offer to provide a list of recommendations for Brooktrails to be added to the Specific Plan. President Whitney suggested that the correspondence be in the form of a Resolution.
Director Monteleone thanked District Counsel Neary for his opinion, which she found to be very helpful and informative.
Director Estabrook spoke in favor of working with the County, but also wanted to pursue the authority to enforce grading violations as a public nuisance, similar to the procedure used for fire hazard abatement.
President suggested drafting two independent Resolutions, one to the County, and one to address enforcement as a public nuisance.
Ginger Pohlson asked for clarification of the existing regulations regarding grading and construction of retaining walls.
President Whitney pointed out that it was nearly 10:30 p.m. Director Monteleone moved to continue the meeting, through the General Manager Reports. President Whitney seconded the motion, which passed unanimously.
I. SPECIAL REPORTS - GENERAL MANAGER
i. Significant Correspondence received since last meeting:
ii. Personnel
Long time employee, Richard White, Water Operator III, announced his retirement, and will be off work beginning May 5th. Recruitment for Water Operator I and II will begin soon.
iii. Finance
iv. Planning
General Manager Williams reported that he had attended the March 7th meeting with the multi-agency task force concerning the District's evacuation plan. The conclusion was that the Sheriff's Department has the main responsibility for evacuation. Director Monteleone asked for a copy of the minutes from the meeting, when available.
General Manager Williams and Director Estabrook met with Stan Townsend and Supervisor Tom Lucier concerning the Birch/Sherwood Road intersection. They agreed that it needed to be addressed, and would look for ways to include it in the County's Budget. They also discussed the second access, and expect to have a preliminary report within the next two months.
Director Orth stated that the Birch/Sherwood Road intersection and the second access could be included in the County's 20 year plan for possible State funding.
Director Monteleone summarized a recent conversation with Phil Dow of MCOG concerning the availability of State funding for transportation projects. General Manager Williams offered to research the information.
v. Possible upcoming agenda items
vi. Other
The Board received and reviewed the minutes of the Safety Committee meeting of 12/02 and 12/03/1999.
J. PUBLIC COMMENTS
Mr. Schoeppner reminded Board members about the upcoming NEST meetings scheduled for March 31, April 1 and April 2, and the Fire Department Spaghetti Feed scheduled for April 7th.
K. ADJOURNMENT
Director Venuri moved to adjourn and President Whitney declared the meeting of March 28, 2000 closed at 10:40 p.m.
PAUL A. WILLIAMS
Secretary to the Board of Directors
BOB WHITNEY,
President
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