MINUTES

The Board of Directors of Brooktrails Township Community Services District
met in regular session on September 26, 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, and Monteleone. Also present were General Manager Williams, General Manager-in-Training Michael Chapman, and District Counsel Chris Neary.

C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA

None

D. MINUTES OF PREVIOUS MEETINGS

September 12, 2000

Director Venturi moved to approve the minutes of September 12, 2000 as written, seconded by Director Monteleone. Motion was passed unanimously by the members present.

E. SPECIAL PRESENTATION

Director Orth introduced Mike Chapman, the new General Manager. A ten minute break was called for cake and coffee.

F. PUBLIC HEARING

None

G. PUBLIC COMMENTS

Bill Edmondson of Primrose Drive came forward to welcome General Manager Chapman and his wife, Gay.

H. ACTION AGENDA

2. REVIEW OF REVISED APPLICATION FILED BY ROBERT GITLIN FOR USE PERMIT TO CHANGE OCCUPANCY CLASSIFICATION OF THE MOTEL AND CABINS AT BROOKTRAILS LODGE FROM SHORT TERM TO LONG TERM RENTAL UNITS.

At the applicants request, this matter was deferred until the October 10th meeting. A letter was received from the County of Mendocino Planning and Building Department which was read aloud by General Manager Williams. The County had suspended the time periods relating to the preparation of a Negative Declaration for the project, and requested that Dr. Gitlin and his representative, Jim Ronco, work with the Brooktrails Board of Directors to clarify and perhaps modify the details of the project.

3. CONTINUED CONSIDERATION OF AN AGREEMENT WITH BPOA TO LEASE THE COMMUNITY CENTER.

Director Monteleone indicated a conflict of interest, as she also serves on the Board of the Property Owners Association, and left the table.

General Manager Williams reviewed the changes proposed at the previous meeting, including a cap on the cost of the upgrade to the electrical system, and rewording to Section 3A, Cleaning Deposits. Also, an e-mail had been received from the Secretary of BPOA requesting an increase to the amounts charged for cleaning deposits.

Director Orth spoke in favor of the Lease Agreement, noting the positive response from renters utilizing the facility and the improvements made to the building by the BPOA.

Director Venturi asked that "and food" be struck from Section 3A, item i, so that it would read "Events where alcohol is served." He then moved to approve the Lease Agreement, as amended. Director Orth seconded the motion.

President Whitney suggested that in the first paragraph of page one, the phrase "those certain premises" be changed to "that certain building" and "which premises are outlined in red" be clarified. Director Orth suggested it be changed to "which building labeled as Les Ecke Hall", and that the building on the map attached as Exhibit A be so labeled.

President Whitney pointed out that in Section 8 the burden of liability clearly falls on the BPOA, and questioned the limits required for insurance. Director Orth noted that the BPOA has the option to increase those limits if it so chooses, as those were minimum requirements.

President Whitney also asked that on page 5, section 13, in the third line from the end of the paragraph, the phrase "landscaping and" be added before "grass areas." He stated his opinion that the current landscaping was inadequate protection from the road, as it lacked fencing. Also, in Section 16, he asked that "Except for electrical service upgrade" be added to the beginning of the sentence. With regards to the utility service provided as per Section 17, he asked that those costs be kept track of for future reference.

Director Venturi amended his motion to include the changes proposed by President Whitney, and Director Orth amended his second.

Susan Monteleone, BPOA Secretary, commented that BPOA intends to plan more activities in the future that will include families with children. Warren Miller, BPOA President, provided an update on the bids received for the electrical upgrade.

A vote was then taken on the motion as follows:

AYES: Directors: Orth, Venturi, Whitney

NOES: Directors: None

ABSENT: Directors: Estabrook

ABSTAIN: Directors: Monteleone

Motion Carried.

4. ADOPTION OF A RESOLUTION OF APPRECIATION TO OUT-GOING GENERAL MANAGER, PAUL WILLIAMS.

President Whitney commented that the Resolution of Appreciation would be award to General Manager Williams at the retirement dinner on October 7th.

Director Orth moved to adopt Resolution No. 2000-47, A Resolution of Appreciation to Out-going General Manager, Paul A. Williams. The motion was seconded by Director Venturi. A vote was taken on the motion as follows:

AYES: Directors: Orth, Venturi, Monteleone, Whitney

NOES: Directors: None

ABSENT: Directors: Estabrook

Resolution No. 2000-47 Adopted.

5. COUNTY REFERRAL U-28-2000, LACE L. MAY, JR.

General Manager Williams reported that the District is the responsible agency for water, sewer and fire services to a proposed automotive repair facility, 420 feet up a gravel road at the end of Buckeye Road. He stressed the need for significant fire protection, including installation of a hydrant, and an approved hazardous material waste disposal plan.

Director Orth asked that the Board's letter to the County Surveyor concerning the undeveloped sections of Ridge Road be attached to the comments, requesting that the property owner work with the District to achieve its goal of emergency access/egress. He added that the combination of residence and shop may be an advantage, as the owner will be living on the premises and perhaps be more inclined to maintain the property. He felt that the square footage devoted to the commercial enterprise should be clarified, to determine compliance with the Cottage Industries requirements, and that there should be a fenced-in area for storage of vehicles.

Director Venturi voiced concern about traffic. He asked that the term "equipment" be clarified, as he was not in favor of heavy equipment being hauled up a gravel road on semi-trucks, and suggested possibly limiting the use to automotive repair, only. He also pointed out the possibility of contamination of the watershed.

Director Monteleone pointed out several instances of non-conformance to the County's "Cottage Industry" regulations. She voiced concern about excessive noise and exhaust fumes, and noted that there is no provision for such development in the Specific Plan. She stated her opinion that it would be inappropriate for the area.

President Whitney agreed, commenting that one would have to travel through the entire district to get there. He pointed out that the zoning of the property is "Forestland F-L" and that in the Cottage Industries code it states that "automotive and equipment -repairs, heavy" may be conducted in F-L zoning districts. He suggested that if approved it be for a limited time, allowing evaluation as a condition for renewal.

General Manager Williams felt that the term "heavy" referenced the type of repairs, as opposed to the type of equipment being repaired. He then summarized the Board's concerns including inappropriate area, traffic, possible effect on the watershed, noise, type of equipment to be repaired, fire protection, and compliance to the provisions of the Specific Plan as to size, fencing, trash storage, etc.

Concerned audience members that spoke against the proposal included Warren Miller, Bill Edmondson, and Jack Cunningham.

President Whitney asked that the applicant be invited to attend a meeting to answer the Board's concerns, and that the County Planning Commission be asked to provide a copy of their staff report prior to any hearings.

6. CONSIDERATION OF A RESOLUTION URGING THE STATE LEGISLATURE AND GOVERNOR TO SUPPORT SENATE BILL 1637 (BURTON): PROPERTY TAXES.

Director Orth explained that for many years the State had been taking property tax revenues from counties, cities, and special districts and shifting those funds to the Educational Revenue Augmentation Fund to help balance their budget. Now that budget surpluses exist, many agencies feel that the amount of money taken should be capped. He pointed out that our Fire Department lost about $30,000 per year in augmentation funds from the County, and he has promised local fire departments that he would make this issue a priority.

Director Venturi thanked Director Orth for bringing the matter to the Board's attention, and applauded the County Board of Supervisors for taking action and passing a resolution in support of SB1637.

President Whitney asked that letters be written to Assembly Member Strom-Martin and Senator Chesbro, asking them to support local agencies.

Director Orth moved to adopt Resolution No. 2000-48, A Resolution Urging the State Legislature and Governor to Support Senate Bill 1637 (Burton): Property Taxes. The motion was seconded by Director Venturi, and the vote was taken as follows:

AYES: Directors: Orth, Venturi, Monteleone, Whitney

NOES: Directors: None

ABSENT: Directors: Estabrook

Resolution No. 2000-48 Adopted.

 

7. STATE PARKS RECREATION GRANT APPLICATION.

President Whitney left the table due to a possible conflict of interest, as he had recently conducted business with the property owner.

General Manager Williams reviewed the proposed grant application for funds to acquire the Recreation Grove. He felt that pursuit under the Riparian Habitat Conservation Fund would be appropriate, as Willits Creek is a prime spawning area for coho salmon and steelhead trout. Also, he felt that the acquisition would be categorically exempt under CEQA as a class 16 project.

Director Orth spoke in favor of the grant application, noting that it is hard to plan and spend money on property when under a lease. He felt that the grant was a key element in the plan to acquire the property and restore ownership of the Willits Creek corridor to the District.

Director Monteleone pointed out the ideal location of the property, and expressed her appreciation to General Manager Williams for his efforts.

Director Orth moved to adopt Resolution No. 2000-49, A Resolution Approving the Application for Grant Funds for the Local Agency Grant Program - Fiscal Year 2000/2001 - under the Habitat Conservation Fund Program of the California Wildlife Protection Act of 1990 for the Redwood Grove Acquisition Project. The motion was

seconded by Director Venturi, and the vote was taken as follows:

AYES: Directors: Orth, Venturi, Monteleone

NOES: Directors: None

ABSENT: Directors: Estabrook

ABSTAIN: Directors: Whitney

Resolution No. 2000-49 Adopted.

A break was called to change the tape.

8. REPORT OF OUTSTANDING COMPLAINTS AND REQUESTS FOR ACTION.

General Manager Williams explained that because it was the first monthly report, all matters since the beginning of the year were included. Response and cooperation from the County had increased, as additional staffing was now available.

Director Monteleone requested that the report to the Board be anonymous, to encourage more people to get involved.

Director Orth commented that he felt increased communication by General Manager Williams was a contributing factor in the higher level of service received from the County. Also, he reported that he had seen a County Building Inspector checking the setbacks during a recent foundation inspection.

General Manager Williams updated the Board on the three matters not yet closed.

Director Monteleone commented that she was glad to see people coming forward with complaints and concerns and hoped that the "Request for Action" program would encourage increased participation.

I. SPECIAL REPORTS - GENERAL MANAGER

i. Significant Correspondence received since last meeting:

Additional information was received from Redwood Valley County Water District concerning support of their pursuit of Eel River water.

Director Orth reported that LAFCO is proposing to have a meeting of all of the water agencies in the Ukiah Valley and Russian River flood control district to discuss water issues. He recommended no formal action be taken at this time.

A letter had been received from local resident Mary Sutton concerning the current water rates and fire danger in her neighborhood.

ii. Personnel

iii. Finance

iv. Planning

General Manager Williams reviewed the architectural review activity since the last meeting. Also, he reported that the draft County Road Standards were available for review at the District office.

v. Possible upcoming agenda items

vi. Other

J. PUBLIC COMMENTS

Mike Aplet, resident of the District and member of the "Friends of the Eel River" came forward and spoke against diversion of Eel River water for Russian River watershed uses.

K. ADJOURNMENT

Director Orth moved to adjourn and President Whitney declared the meeting of September 26, 2000 closed at 9:15 p.m.

PAUL A. WILLIAMS

Secretary to the Board of Directors

BOB WHITNEY,

President