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 Williams and District Counsel Neary.

C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA

Director Orth asked that an agenda item be added for the Board to consider the upcoming CEQA workshop to be held on September 27th, as reservations need to be sent in as soon as possible. President Whitney suggested discussing it under "Planning." Board members agreed to do so.

D. MINUTES OF PREVIOUS MEETINGS

August 1, 2000

Director Orth moved to approve the minutes of August 1, 2000 as written, seconded by Director Venturi. Motion was passed unanimously.

August 8, 2000

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

August 15, 2000

Director Orth moved to approve the minutes of August 15, 2000 as written, seconded by Director Monteleone. The vote on the motion was as follows:

AYES: Directors: Orth, Monteleone, Estabrook, Whitney

NOES: Directors: None

ABSENT: Directors: None

ABSTAIN: Directors: Venturi

Minutes Approved.

August 22, 2000

Director Orth asked that on page 3053, item 3, in the third paragraph the statement "Director Orth stated that he was glad to see the tank in Spring Creek was being replaced, as he felt it would improve fire protection for the area" be changed to "Director Orth stated that he was glad to see the additional tank for Spring Creek in the Budget, as he felt it would improve fire protection for the area"

Director Monteleone asked that on page 3053, in the last sentence, the phrase "spread over the course of two years" be added after "The 6% discount amounts to only a total of $32 per household" and that on page 3054 at the top of the page, the phrase "could the Franchise Fee be increased without causing increase in rates to customers" be changed to "She also asked if the Franchise Fee could be increased without causing an increase in rates to customers." Also, she asked that the last sentence of the second paragraph on page 3054 be changed to read "He confirmed that he would entertain an increase to the Franchise Fee, but suggested, as an alternative, he provide free pick up service to the District offices without the reduction at year end based on tonnage, which amounts to approximately $1300 per year."

Director Orth moved to approve the minutes of August 22, 2000 as amended, seconded by Director Monteleone. Motion was passed unanimously.

E. SPECIAL PRESENTATION - Mr. Chris Brown, Mendocino County Air Quality Management District.

Mr. Brown provided two handouts; a brief description of the Air Quality Management District, and an agenda summary from the County Board of Supervisors concerning a recent request to secure funding for the development of new air pollution reduction programs. He explained the four programs administered through his office, which are permitting, monitoring, planning and burning.

Director Orth noted the improvement in air quality and reduction of fires in Brooktrails due to the elimination of controlled burns during fire season, and commented that he would like to see the District utilize electric powered vehicles as it replaces its fleet of utility trucks.

Mr. Brown reviewed the instances during the last several years when the measurement of particulate matter in Willits exceeded the state's recommendations, adding that most problems occur because of dust, wood smoke and diesel smoke. He stated that his district hopes to make funding available to help get alternative-fuel vehicles on the road, and to assist low-income homeowners with replacement of non- EPA certified wood stoves.

In response to Director Venturi, Mr. Brown explained the criteria used by the Sacramento office to determine permissible burn days.

Director Monteleone asked for clarification of the regulations concerning the installation of non-EPA certified wood stoves during remodeling. Mr. Brown informed her that it is still legal to install a used wood-burning stove, however all new stoves sold must be EPA certified.

Brooktrails resident, Don Lattimer, who does the monitoring for the Willits area, explained that the monitoring equipment is located in town, at the Willits Fire Department and at Safeway, to assess the worst possible scenarios, adding that they do not monitor air quality in Brooktrails.

Director Estabrook inquired about the number of complaints filed in Brooktrails. Mr. Brown explained that a complaint log is kept, however it is not currently broken down by region. He did recall one instance in 1999 caused by a controlled burn.

He added that his office is working on obtaining grant funding to provide chipper service. Pointing out that burn permits are currently free, he stressed the need to be able to provide the chipping service for free, as well, suggesting it be offered in conjunction with the Haz Mat service provided by MSWMA.

President Whitney asked for an update on funding available for replacement of diesel burning trucks. Mr. Brown explained that the program had not yet been established, but they are working with the State towards assisting people with converting vehicles to natural gas.

A lengthy question and answer session ensued with audience members, including Kurt Ackerman, resident of Clover Drive, Rob Gitlin, owner of the Brooktrails Lodge, Warren Miller, resident of Perch Drive, Kris Wagner resident of Perch Drive, and Ginger Pohlson of Brooktrails Drive. Topics of discussed included fireplaces, wood-stoves, diesel emissions, and the establishment of chipper service and possible uses of the material.

Director Monteleone suggested an information page be developed advising people of materials which are hazardous to burn.

President Whitney thanked Mr. Brown and Mr. Lattimer for attending.

F. PUBLIC HEARING - None

G. PUBLIC COMMENTS

Greg Foss, Director of Animal Control for Mendocino County, came forward. Noting General Manager Williams' approaching retirement, he commended him for a job well done during his years of service to the District, and for his attendance at the recent County Budget Hearings. He reported that the Board of Supervisors had approved the additional north county resident Animal Control Officer.

H. ACTION AGENDA

2. CONSIDERATION OF ESTABLISHMENT OF YEAR-ROUND BURNING BAN IN BROOKTRAILS.

General Manager Williams reviewed the District's current Ordinance governing the burn ban season, and provided an outline of the material furnished.

President Whitney asked District Counsel Neary to comment on the need for a referendum to revise the current Ordinance.

District Counsel Neary reviewed the events that lead up to the referendum in 1991, and, having not had a chance to research the matter, concluded that another election may not be necessary to revise the burn ban.

Director Orth commented that it had become increasingly more difficult to get contractors to bid on hazard abatement work in the summer, due to the increased expense of having to chip the material. Pointing out the noise of the machinery and the added costs to the contractors, he stressed the need to weigh the benefits against the environmental and economic impacts, and spoke against the establishment of a year-round burn ban.

Director Venturi agreed with Director Orth, voicing concern about excessive banning. He pointed out the limited heating alternatives in Brooktrails, and the aesthetic value of fireplaces and wood-stoves.

Director Monteleone felt that any alternatives that improve air quality and the environment should be explored. She suggested locating the chippers away from residential areas, or hauling the material to the transfer station on Franklin Street. She felt that the growth factor should be also considered and asked that the provisions of the Specific Plan dealing with air quality be reviewed.

Director Estabrook clarified that his main concern was open burning of slash as a means of disposal. He suggested staff be directed to develop a list of alternatives to burning, and that it be provided to residents when they obtain burn permits. He felt that a ban on outdoor burning would ease the paperwork and enforcement burden on the Fire Department staff, as no permits would be need to be issued, and any burn would be illegal.

President Whitney asked that a copy of the EPA wood stove standards be obtained. He reported that the District is in the process of acquiring a chipper through a grant, and suggested that, if acquired, it be used to chip all slash from the Greenbelt and District property. He also felt that any abatements done by contractors should require chipping, and the cost of the chipping be passed on to the property owner through the abatement process.

Mike Aplet, resident of Hawk Drive, came forward and voiced concern about the high cost of disposing of tree branches at the transfer station, and about the noise generated by chippers.

Kris Wagner suggested certain days of the week be established as regular no burn days. She also voiced concern about burn piles located too close to propane tanks.

Ginger Pohlson stressed the need to keep up on technology and to establish educational programs to inform citizens of the latest alternatives.

Director Orth suggested a survey be conducted to determine how people heat their homes, and push for replacement of non-certified wood stoves.

Kurt Ackerman felt that CDF should be consulted.

Bruce Haanstra, resident of Blue Lake Road, voiced concern that reducing the number of burn days would increase the amount of smoke on those days when burning was allowed.

3. REVIEW AND FINAL APPROVAL OF NEW AGREEMENT WITH SOLID WASTES OF WILLITS.

General Manager Williams outlined the changes to the proposed agreement that were made as a result of the Board's discussion of August 22nd, the Finance Committee's review on September 11th, and additional changes proposed by Gerald Ward, CEO of Solid Wastes of Willits, in a letter dated August 31st.

Director Estabrook remarked that he was very satisfied with the agreement, and felt that it provided for good service at a reasonable price. He asked Mr. Ward if he had begun a pilot program to assess the new cart system. Mr. Ward replied that he had purchased 10 carts to test in the Goose Road area, and that he had received positive response from his lead driver.

Director Monteleone commented that she also was pleased with the agreement, and was glad to see that recycling service would be provided to the Golf Shop. Mr. Ward clarified for her that he would not charge customers for missing containers.

Director Venturi commended Mr. Ward for his ability to negotiate, and his willingness to work with the Board to meet their needs.

Director Orth commended the Board, staff and Mr. Ward for their efforts during the negotiation process. He pointed out that the increase in the Franchise Fee will contribute to the improvement in the quality of life for the residents in the District. He moved to approve the contract, with the changes proposed. The motion was seconded by Director Monteleone.

President Whitney asked that the wording of the second sentence of paragraph B (1) on page 13 be changed to read "Collections shall be made from dwellings on a frequency of weekly, biweekly or monthly as selected by the person, and from business establishments as necessary, but not less than once a week", to be consistent with Exhibit B. He also asked that a misspelled word on page 17 be corrected and that the phrase "at the discretion of the Board of Directors" be added to the end of paragraph E on page 8. Mr. Ward agreed to the changes, Director Orth amended his motion, and Director Monteleone amended her second.

Mr. Ward expressed his appreciation to the Board, the General Manager, and District Counsel Neary for their assistance. He then answered questions from audience members Bob Terry of Poppy Lane and Bill Edmondson of Primrose Drive.

President Whitney called for a vote on the motion, which passed unanimously.

4. CONSIDERATION OF A RESOLUTION APPROVING AN AGREEMENT WITH BPOA TO LEASE THE COMMUNITY CENTER.

Director Monteleone left the table, as she also serves on the Board for the Brooktrails Property Owner's Association. General Manager Williams clarified that any action would be taken by motion, not resolution as stated on the agenda.

General Manager Williams noted that the phrase "With the exception of one-half of the garbage and refuse disposal costs" could be deleted from Section 17, as there would no longer be a charge for garbage pickup to the District facilities. He reported on a conversation with Warren Miller, the new president for BPOA, who voiced concern about the provisions of Section 4, which would require that the Lessee provide for the upgrading of the electrical service to adequately accommodate the existing electrical demand. General Manager Williams explained that the upgrade was necessary as a result of improvements made by the BPOA.

Ginger Pohlson, BPOA Treasurer, took the podium and asked that the Board consider a cap to the amount and allow them to obtain 3 bids for the work. She also requested that a third deposit of $225 for events that serve food but not alcohol be added to Section 3.

President Whitney asked that the descriptions in Section 3 be re-worded, as he felt the term "Alcohol-related event" was inappropriate. He also requested that the map attached as Exhibit A be an Assessor's Parcel Map or a Brooktrails Subdivision Map.

Ms. Pohlson asked that the signature page be changed to allow her to sign as opposed to Director Monteleone.

Director Orth moved to defer the item to the next meeting. Board members agreed to do so.

5. REVIEW OF COUNTY REFERRAL OF 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.

General Manager Williams pointed out that a change in classification to long term rentals may require compliance to the Specific Plan provisions regarding square footage and parking spaces, and would also have an effect on how the property is billed for water and sewer service.

Dr. Gitlin came forward with his representative, Jim Ronco. Referencing the draft letter written by General Manager Williams, Mr. Ronco briefly reviewed the proposal and asked for clarification on the requirements of the Specific Plan.

District Counsel Neary commented that General Manager Williams was not necessarily intending to take a position on the matter, but rather was raising the issue for the County to consider and interpret, as the Specific Plan is a County document. He stated that the project would be subject to the Design Standards of the Specific Plan.

Mr. Ronco commented that there are no plans to add an additional unit, as suggested in the staff report. However, General Manager Williams stated that the Fire Department's inspection of the property indicated 37 units on the property.

Dr. Gitlin came forward stating that there have been, and are now, 40 units on the property, and 40 sewer hookups. He provided an additional map of the property, and noted an error on the application which stated that a total of 40 units would be converted, when actually the request is to convert 30 units.

General Manager Williams commented that the 40 sewer hookups included the Lodge, and inquired if Dr. Gitlin was giving up his right for a sewer connection at the Lodge. Dr. Giltin stated that it was not his intent to do so. He thought that perhaps one of the duplexes on the property shared a sewer connection.

Dr. Giltin expressed confusion about the fact that he had appeared before the Board in May and received positive input about his intention to convert the property to long-term use for senior assisted housing, which he felt was the highest and best use of the property. He added that he had no intention of renting out the motel units on a long-term basis for any purpose other than senior-assisted housing.

With regards to the requirement for Design Review, he stated that District Architect Axt had already reviewed the plans and given approval, and told him that the minimum parking space required was one per unit, however one and a half was preferred. Dr. Gitlin indicated 50 spaces were currently available, and he felt ample parking could be provided. He also pointed out that the units had been used as long-term rentals for many years. However, Director Venturi commented that the long-term use was a zoning violation which had not been enforced by the County.

Director Monteleone voiced concern that the parking issue was not addressed in writing in the application, there was no provision for handicapped parking in section 7, and no recreation area was planned. Also, the application did not state the intended use for senior-assisted housing. She asked for clarification of the new construction planned for phase II and III, as stated in section 23, and asked that section 28 include mention of the historical use of one of the buildings as a hospital.

Director Orth suggested deferring the matter to the next meeting to allow the Board members a chance to provide comments, and to allow Dr. Gitlin and Mr. Ronco a chance to clarify the project.

Noting the history of the Lodge property as the center of activity for the community, and the impact of its use on the golf course, Director Orth stated that he did not realize Dr. Gitlin intended to convert the motel units to long-term use. He pointed out that the Lodge and motel historically have been connected, and commented that if the units are converted to long-term use, the residents of the District would need to understand what his plans are for the Lodge. He stated that the County will have to address the square footage issue, and suggested that the trade-off may be the recognized need for affordable housing. He suggested one of the units be left as a single, as opposed to a duplex, to resolve the sewer connection issue, and stressed that the parking issue is critical.

Director Venturi commented that the Green Committee had been looking at ways to promote the golf course, and hoped that the reopening of the Lodge and motel would contribute. He voiced concern that converting the property to long-term use could be detrimental to the economics of the community, and asked Dr. Gitlin to reconsider the proposed use of the motel.

Director Monteleone commented that Dr. Gitlin's plans were not clear to her from the information supplied by the County. She voiced concern that if his plans didn't work out, the property would remain long-term use, and past problems may reoccur.

Director Estabrook, also, was unaware that Dr. Gitlin planned to convert the motel units, and apologized to Dr. Gitlin if he felt mislead. He called attention to Chapter 4 of the Specific Plan. Policy 4.2A encourages development of the Lodge, cottages, and restaurant compatible with historic levels and types of use, and Policy 4.2C encourages private development of a facility that would allow seniors who do need extra care to live within the Township in exchange for their lot. He felt that the proposal was outside of what was envisioned in the Specific Plan, and would be detrimental to the progress made in the lot reduction programs, as it would result in the addition of 40 Single Family units which were not planned for. He pointed out that this conversion would result in revenue losses of approximately $6,000 per year in assessments and property taxes if the units were converted to Single Family Residential.

President Whitney asked Mr. Ronco to provide clarification of the proposal, especially of any errors contained in the application and referral letter from the County. He also asked that the use of the motel units as long-term be restricted to seniors only. He advised the applicants to understand and address the facts that the Specific Plan limits the number of SFR's in the District and encourages development of senior housing in conjunction with the reduction in the number of lots.

In response to Bill Edmondson, resident of Primrose Drive, Mr. Ronco and Dr. Gitlin provided a definition of "senior-assisted housing."

General Manager Williams suggested the motel section be removed from the application and considered separately, and include the plans for the Lodge. He also suggested the Board send a letter to the County asking for an extension of time to respond, to allow clarification of the project.

Ginger Pohlson spoke in favor of keeping some short term rentals at the Lodge.

Bob Terry felt that the Board should support Dr. Gitlin's application, pointing out that many senior assisted facilities provide less space than is proposed.

Mike Aplet spoke against adding kitchenettes to the motel units, and suggested perhaps combining two units to one to increase the square footage.

Dr. Gitlin stated that he did not intend to continue with the remodeling of the cabins until he knew the status of his use permit, as initially he was told that all of the property was permitted for long-term use. He thanked the Board for the time they spent reviewing the application and pointing out the inconsistencies.

Director Venturi made a motion to continue the meeting to midnight and to defer item 7, seconded by Director Orth. Motion passed unanimously by a roll call vote.

6. STATE PARKS RECREATION GRANT APPLICATION.

President Whitney left the table, as he felt he may have a conflict of interest.

General Manager Williams reported that grant money may be available to assist with the purchase of the Recreation Grove property, on a 50-50 match basis.

Director Orth spoke in favor of applying for any grant that the District may be entitled to. General Manager Williams suggested that the proposal be formally considered at the next Board meeting. Board members agreed.

7. REPORT OF OUTSTANDING COMPLAINTS AND REQUESTS FOR ACTION.

Deferred.

8. CONSIDERATION OF AUTHORIZING CONFERENCE ATTENDANCE FOR DIRECTOR MONTELEONE AND FUTURE GENERAL MANAGER, MIKE CHAPMAN.

Director Venturi moved to approve the proposed budget for Mike Chapman and Susan Monteleone to attend the SDI workshop in Anaheim in October. His motion was seconded by Director Orth, and passed unanimously.

I. SPECIAL REPORTS - GENERAL MANAGER

i. Significant Correspondence received since last meeting:

a. Notice of a Public Hearing on application for minor subdivision, Lawrence L. White, owner.

Director Estabrook felt that the Board's comments on the proposed subdivision were not taken into consideration, and stated that he intended to attend the next meeting on the matter. General Manager Williams pointed out that MCOG's plan now includes the bike path to Willits. Director Orth expressed appreciation to his wife, Janet, who had submitted the plan to the MCOG staff, making it eligible for state and federal funding.

ii. Personnel

iii. Finance

August Warrants and Accounts Payable report were reviewed by the Board.

iv. Planning

Director Orth suggested that the new General Manager, Mike Chapman attend the CEQA workshop. Board members agreed.

v. Possible upcoming agenda items

vi. Other

The Board received and filed the minutes of the Safety Committee meeting of June 2, 2000.

J. PUBLIC COMMENTS - None

K. ADJOURNMENT

Director Orth moved to adjourn and President Whitney declared the meeting of September 12, 2000 closed at 11:59 p.m.

PAUL A. WILLIAMS
Secretary to the Board of Directors

BOB WHITNEY
President