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 Chapman and District Counsel Neary.

C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA

President Whitney asked that item nine be moved ahead of item eight. Board members agreed to the change.

D. MINUTES OF PREVIOUS MEETINGS

October 10, 2000

Director Venturi moved to approve the minutes of October 10, 2000 as written, seconded by Director Orth. Motion was passed unanimously.

E. SPECIAL PRESENTATION

None

F. PUBLIC HEARING

2. HEARING ON ABATEMENT EXPENSE

Director of Emergency Services, Daryl Schoeppner, came forward and explained that all grass lots had been cleared by one contractor, the work was now complete, and the cost of abatement was ready to be placed on the tax roll.

Director Monteleone voiced concern about brush piles accumulating in the summer in anticipation of burn season. Director Orth pointed out the increased cost for chipping the material.

Director Estabrook commented that the increased administrative fee will help offset the cost of the program. Director Orth asked that the actual time and cost of the program be tracked, as this would assist efforts in determining how much of an increase would be necessary to the fire tax.

President Whitney suggested a future agenda item be scheduled to discuss the abatement process. He then opened the public hearing at 7:14 p.m.

Mike Aplet, resident of Hawk Drive, came forward and suggested property owners be notified that the cost of abatement may include the cost of chipping the material, which he felt would inspire them to take care of the abatement themselves.

Jack Cunningham commented that burning limitations are addressed on the back of the burn permit.

No other audience members came forward, and President Whitney closed the public hearing at 7:20 p.m.

Director Orth noted a decrease in the number of properties being assessed. Mr. Schoeppner commented that he actually had written more lots than in previous years, but was realizing greater compliance.

Director Venturi asked that in the first and second paragraphs of the proposed resolution, the title "Chief" be changed to "Director of Emergency Services." He then moved to adopt Resolution No. 2000-52, A Resolution Confirming the Cost of Abatement and Providing for the Collection on the Regular Tax Bill by the County of Mendocino, as amended. The motion was seconded by Director Monteleone and the vote was taken as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 2000-52 Adopted

G. PUBLIC COMMENTS

Mike Aplet, member of the Recreation Committee, reported that as part of his efforts to restore the Beeler Pond area, he discovered the old golf course and existing trail that linked the east side of the District to the lower nine and Lake Emily. He suggested it be added to the District's existing trail system and offered to prepare a presentation for the Board.

Kris Wagner of Perch Drive inquired about the status of the tennis and basketball court, and voiced concern about grading behind the cabins on the Lodge property. President Whitney informed her that more information on the Lodge property would be available from Dr. Gitlin soon. The tennis court project had been included in the budget. However, other maintenance items were a higher priority for District staff.

H. ACTION AGENDA

3. ANNUAL REPORT ON USE AND OPERATION OF DISTRICT AMBULANCE.

Director of Emergency Services, Daryl Schoeppner, outlined the data included in the report. He also provided a First Quarter report for the period of July 1 - September 30, 2000.

Mr. Schoeppner explained that the majority of the amounts shown as "Write-offs" were amounts disallowed by Medicare. Director Orth felt that the Board should adopt a written policy concerning the writing off of Accounts Receivable.

Director Monteleone asked for clarification of the criteria used when dispatching District personnel and volunteers. Mr. Schoeppner explained that Brooktrails' squad is first responder to all calls for medical aid in the District, and provides care until the ambulance arrives.

Director Estabrook asked that a report be prepared that includes the cost of the ambulance, including fuel, repairs, depreciation, billing time, training, supplies, dispatch, overhead, and the like.

President Whitney asked that the Finance Committee review the report at their next meeting prior to its presentation to the Board. Also, he noted that the last sentence of paragraph 2 of the current resolution directs that the report include the amount of time when our ambulance is primary for the area. Mr. Schoeppner explained that due to changes in the operation of Liberty Ambulance, our ambulance rarely serves as primary responder.

Director Venturi asked that the last phrase of the last sentence of paragraph 2, of the proposed resolution concerning time spent as primary responder, be struck. He then moved to adopt Resolution No. 2000-53, A Resolution Establishing Policy for the Use of the District Ambulance Within and Without the District, Providing for Review of Said Policy and Repealing Resolution No. 2000-1, as amended. The motion was seconded by Director Orth.

In response to a request from Kris Wagner, Mr. Schoeppner outlined the information included in the hand-out.

President Whitney called for a vote on the motion which was taken as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 2000-53 Adopted.

4. CONSIDERATION OF A RESOLUTION ACCEPTING AND GRANTING PROPERTY FROM MARVIN AND DIANA ZIELINSKI OF PONDEROSA PLACE.

General Manager Chapman asked Superintendent of Utilities Wendell Wilson to explain his concern about the proposed relocation of the twenty foot wide strip of Greenbelt.

Mr. Wilson took the podium and explained that the property in question is at the end of a cul-de-sac, and when a water line ends at a dead-end street, a blow-off valve is installed to allow the line to be flushed. If the District were to move this strip of Greenbelt it would prohibit the future extension of the water line up to Buckeye Road which would eliminate the dead-end and allow circulation of the water.

President Whitney asked if an easement could be granted to the District for future expansion of the line. Director Orth asked that staff research the possibility of a utility easement being included as a part of the trade-off.

Director Estabrook pointed out that one parcel which borders the existing Greenbelt is not included in the merger, and the owner of that parcel would be losing Greenbelt access to Ponderosa Place. President Whitney suggested either contacting the property owner of the excluded lot, or possibly keeping the twenty foot strip along that parcel, with an easement through the Zielinski property. He asked that the original Subdivision Map of the area be provided and that the merger be a condition of the exchange.

Board members agreed to defer the matter pending more information.

5. REVIEW OF DRAFT LETTER TO BOB AND JOAN WHITNEY CONCERNING THEIR REQUEST TO AMEND AN ACCESS EASEMENT.

President Whitney left the table because of a conflict of interest, as he was the subject of the draft letter.

Director Venturi voiced concern about the use of the phrase "agrees to offer" in the third paragraph, as he felt it would infer that the Board entered into an agreement with Mr. Whitney.

After a lengthy discussion, Mr. Whitney suggested changing the phrase "hereby agrees to offer" to "would like to consider accepting."

Director Orth moved to approve the letter as modified, seconded by Director Venturi. A vote was taken on the motion as follows:

AYES: Directors: Orth, Venturi, Monteleone, Estabrook

NOES: Directors: None

ABSENT: Directors: None

ABSTAIN: Directors: Whitney

Jack Cunningham questioned the accuracy of the address of the parcels over which the easement would be granted. Mr. Whitney offered to verify the information with the County records.

6. CONSIDERATION OF A FOLLOWUP LETTER TO THE MENDOCINO COUNTY PLANNING COMMISSION REGARDING A GENERAL PURPOSE TRAIL EASEMENT AS A CONDITION OF A MINOR SUBDIVISION REQUEST FROM LARRY WHITE (MS-24-99.)

Director Estabrook provided a brief review of the subdivision request and of the District's March 20th response to the Planning Commission.

With the aid of a map displayed on the overhead projector he indicated the location of the property in relation to Brooktrails and the existing sewer easement through it and the Smith property. He suggested that the Board write a follow up letter to the Planning Commission asking that, as a condition of approval, an easement for public access be granted for non-vehicular traffic. A draft letter was presented for Board approval.

Director Orth suggested reference be made to the letter of support received from Mendocino Council of Governments (MCOG) and to the comments provided by the City of Willits in their letter to the Planning Commission dated March 20, 2000. He also felt that the Planning Commission should assure that the County Road Standards are adopted as a part of this process. He pointed out that MCOG's support of the project puts the trail in line for federal and state funding available for purchase of right of way.

Director Venturi asked that a copy of the Board's first letter be attached, and the need for access to the sewer lines for maintenance be emphasized.

A break was called to change the tape.

District Counsel Neary advised that County may not be able to impose the trail access as a condition of approval. He suggested it may be more productive for the Board to approach the property owner and ask him to agree to the dedication in exchange for the Board's support for the proposal.

President Whitney asked the General Manager to investigate the proposed road from Mill Creek Drive to the subdivision, suggesting that if it were to be a County-maintained road, the County may be able to require that the bikeway/trail be constructed as a part of the construction of the road.

Director Orth moved to approve the letter as amended, and to appoint General Manager Chapman and Director Estabrook to meet with the property owner and offer to attend the hearing in support of the proposal if he will agree to the dedication. The motion was seconded by Director Venturi.

Mike Aplet came forward to voice support of the proposal on behalf of the Recreation, Greenbelt, Conservation Committee.

A vote was taken on the motion which passed unanimously.

7. REVIEW OF COUNTY ROAD STANDARDS.

General Manager Chapman reported on his October 13th meeting with Stan Townsend, Director of the County Department of Transportation and his assistant, Ben Kageyama. He also reported on the October 23rd Public Hearing on the Draft Road Standards which he attended in Ukiah. He did bring up the issue of the need for bicycle and pedestrian access, and was assured that the Department had taken into consideration Paul Williams' October 6th objection to the Draft Road Standards requirement that asphaltic emulsion be used. Other matters discussed at the hearing included the need for a grading ordinance and the standards set by the state for lane width.

He also met with Bob Parker of the Department of Public Works concerning the second access, and provided the Board with a copy of the County's Five-Year plan for road and bridge projects. The report indicates that the second access location has not yet been identified, pending CalTrans commitment to a preferred route for the Willits Bypass. A public hearing is scheduled for November 16th on the Willits Bypass issue. Director Orth stressed the need for Brooktrails to appear and state emphatically the Boards' preference that the second access be constructed to connect to the Willits Bypass.

President Whitney reminded Board members that the Department of Transportation has promised completion of the Project Study Report (PSR) on the second access by the fourth of November, which he felt was inconsistent with the statement on the Five-year plan.

Director Venturi suggested providing copies at the hearing of the Board's Resolution recommending that the planned access from Sherwood Road to the freeway bypass be pursued as the second access to Brooktrails.

As to the "Draft Road Standards", Director Estabrook felt that they should be called "Design Guidelines", as it should be made very clear that this is what is done if there are no extenuating circumstances. If there are extenuating circumstances, the guidelines may be modified to fit the circumstances, employing qualified personnel, and taking into consideration the cost, the environment, and pubic concern, the goal being to develop the best and safest project based on that input. He cautioned that strict reliance on "Standards", without option for innovation, can result in costly over-designed projects and suggested that a letter addressing these concerns be sent to the County.

President Whitney made a motion that Director Estabrook and General Manager Chapman work together on a draft letter for consideration at the Board meeting of November 14th, to be presented at the next hearing on the Draft Road Standards scheduled for November 16th, and that the lack of guidelines for bikeways and the District's comment about the use of asphalt be included in the comments. The motion was seconded by Director Estabrook and passed unanimously by a roll call vote.

9. REVIEW POWERS OF THE DISTRICT.

District Counsel Neary noted that the Board of Directors is at a level of government which is most accessible to the people, and thereby hears their concerns on a daily basis. Often things that are of interest to the Board and the residents are outside the purpose of the District. He complimented former General Manager Paul Williams for developing a presence at the County level to make them aware of the District's concerns.

He summarized the purposes of a Community Services District, pointing out the limitations, and provided a brief history of the formation of Brooktrails. He also pointed out that the Board is not authorized to use public funds for projects which are outside of the purposes of the District.

Director Monteleone asked for clarification of the last paragraph of the second page of District Counsel Neary's Memo. He explained that when the Community Services District was formed, it carried forward all of the powers that the District had as a Resort Improvement District, including the power to plan for the physical growth of the area within the district, which provided the framework for the undertaking of the Specific Plan. He pointed out that Maintenance District 1 and Maintenance District 1976 also continued to exist, providing additional property tax revenues.

Director Orth pointed out that the District's limiting factor is the lack of sales tax revenues.

In response to Director Estabrook, District Counsel Neary clarified police powers versus the power to establish a police department, and the limitations on spending funds for projects outside of the boundary of the District. He explained that any purpose not established by the organizational resolution would require a resolution and approval by election, and that ambulance service is provided under the authority to provide fire protection.

President Whitney asked the General Manager to prepare a summary of the powers of the District based on Board of Supervisors Resolution 75-34, additional powers carried forward from the resort improvement district, and the powers not yet authorized by the Board of Supervisors, but those that could be approved by the voters.

He also asked for a map showing the boundaries of the Community Services District, Maintenance Districts, Water District, Sewer District, Fire District and Specific Plan area. He asked that a data base be developed for each district listing the Assessor's Parcel Number for each parcel within each district.

President Whitney suggested items 8 and 10 be deferred to the next meeting. Board members agreed.

Director Orth moved to continue the meeting for an additional 10 minutes, seconded by Director Estabrook. Motion passed unanimously.

8. DISCUSSION OF THE PROPANE ALLIANCE AT LAKE WILDWOOD ASSOCIATION.

Deferred.

10. REPORT OF OUTSTANDING COMPLAINTS AND REQUESTS FOR ACTION.

Deferred.

I. SPECIAL REPORTS - GENERAL MANAGER

i. Significant Correspondence received since last meeting:

General Manager Chapman reported that he had spoken with Steve Ford, County Traffic Engineer, about the recent surveys conducted in the District. Mr. Ford expects to have the data complied into report format within thirty days. President Whitney asked that an agenda item be scheduled upon receipt of the report, and that the Department of Transportation representatives be invited to attend.

ii. Personnel

iii. Finance

iv. Planning

General Manager Chapman reported that he and District Architect Axt had attended the recent Planning Commission meeting, and that the Specific Plan Amendment concerning manufactured homes was approved and scheduled for the Board of Supervisors Agenda of November 14th.

v. Possible upcoming agenda items

vi. Other

J. PUBLIC COMMENTS

Mike Aplet came forward to voice concern about posting speed limit signs that would not be enforced. Board members enlightened him on the recent discussions of speed limit issues within the District.

K. ADJOURNMENT

Director Orth moved to adjourn and President Whitney declared the meeting of October 24, 2000 closed at 10:53 p.m.

MICHAEL V. CHAPMAN

Secretary to the Board of Directors

BOB WHITNEY,

President