The Board of Directors of Brooktrails Township Community Services District met in regular session on December 11, 2001 at 7:00 p.m. in Brooktrails Community Center.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Roll call showed the following Directors present: Whitney, Venturi, Monteleone, Orth, Skezas, and Pohlson. Also present were General Manager Mike Chapman and District Counsel Chris Neary.
C. REPORT ON ELECTION RESULTS
General Manager Chapman reported the District was in receipt of a transmittal from County Clerk Marsha Wharff, certifying the election. Votes cast were as follows: Tony Orth - 362, Richard Estabrook - 341, Ginger Pohlson - 429, George Skezas - 408.
D. SEATING OF THE MEMBERS - GEORGE SKEZAS AND GINGER POHLSON
New Board members George Skezas and Ginger Pohlson were seated.
E. BOARD REORGANIZATION
Acting Chairman Orth asked for nominations for the new Board President.
Director Monteleone nominated Director Skezas. There being no other nominations, Acting Chairman Orth closed the nominations for President and Director Skezas' nomination was unanimously approved.
President Skezas nominated Director Orth for Vice President. There being no other nominations, he closed the nominations for Vice President and Director Orth's nomination was unanimously approved.
F. SPECIAL PRESENTATIONS
A Resolution of Appreciation to out-going Director Bob Whitney was read aloud by President Skezas. Director Whitney came forward and shook hands with District Counsel Neary, General Manager Chapman, and all Board members.
G. COMMITTEE APPOINTMENTS
Deferred to discussion of committees in action agenda.
H. ADDITIONS/ADJUSTMENTS TO THE AGENDA
None
I. MINUTES OF PREVIOUS MEETINGS
October 23, 2001
Director Monteleone asked that on page 3219 in item G the sentence "He raised the question as to why Daryl Schoeppner had not been appointed Fire Chief, as he had seen various titles used when referring to him in the newspaper" clarify that he was not asking why Mr. Schoeppner had not been appointed Fire Chief, he was asking about the diversity of titles used when referring to him in the newspaper.
Director Orth moved to approve the minutes as amended, seconded by Director Monteleone.
The vote on the motion was taken as follows:
AYES: Directors: Monteleone, Orth
NOES: Directors: None
ABSTAIN: Directors: Pohlson, Venturi, Skezas
Motion carried.
November 13, 2001
For the record, General Manager Chapman provided the votes taken in closed session as follows:
October 9, 2001 - Extension of agreement with District Counsel Neary
AYES: Directors: Orth, Whitney, Estabrook
NOES: Directors: None
ABSENT: Directors: Venturi, Monteleone
October 17, 2001 - Extension of contract with the Director of Emergency Services to
April 15, 2002
AYES: Directors: Orth, Whitney, Venturi, Estabrook
NOES: Directors: None
ABSENT: Directors: Monteleone
October 23, 2001 - Modification of agreement with General Manager to include increase in salary of $6,000 per year plus related taxes and benefits
AYES: Directors: Orth, Monteleone, Whitney, Estabrook
NOES: Directors: None
ABSENT: Directors: Venturi
Director Orth moved to approve the minutes of November 13, 2001 as amended, seconded by Director Venturi. The vote on the motion was taken as follows:
AYES: Directors: Monteleone, Venturi, Orth
NOES: Directors: None
ABSTAIN: Directors: Pohlson, Skezas
Motion carried.
J. PUBLIC HEARING
3. CONSIDERATION OF A RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE ON CERTAIN PRIVATE PARCELS LOCATED WITHIN THE DISTRICT (24330 & 24340 LILAC ROAD); HEARING TO CONSIDER OBJECTIONS AND PROTESTS REGARDING ABATEMENT OF HAZARDS.
General Manager Chapman provided an update on the condition of the property, noting that hazardous conditions still exist.
President Skezas opened the public hearing at 7:15 pm. Bob Whitney, resident of Iris Terrace, came forward and urged the Board to move forward with the abatement process. Hearing no other comments, President Skezas closed the public hearing at 7:17 pm.
Director Venturi made a motion to adopt Resolution No. 2001-34, A Resolution Ordering the Abatement of a Public Nuisance on Certain Private Parcels Located Within the District (24330 & 24340 Lilac Road.) The motion was seconded by Director Orth, and the vote was taken as follows:
AYES: Directors: Pohlson, Venturi, Monteleone, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
Resolution No. 2001-34 Adopted.
K. PUBLIC COMMENTS
Bob Whitney came forward to present the large scale copy of the draft Brooktrails Planning Map, and the CD-ROM containing the data and software. He asked that it be placed on the District's website, and urged the Board to share the information with other entities such as the County of Mendocino Department of Transportation.
Tom Lucier, North County representative on the Board of Supervisors, came forward to welcome the new Board members and thank out-going Directors Rich Estabrook and Bob Whitney. He reported that an additional code enforcement officer was recently hired and asked President Skezas to serve on a citizen's advisory committee pertaining to the County road system.
Director Orth voiced appreciation for the stepped-up enforcement of animal control issues, Sheriff's Department response, and Department of Transportation response.
In response to concerns voiced by Director Monteleone, Supervisor Lucier reported that the County did not currently have plans to grade or pave that portion of Sherwood Road which intersects with Highway 101 near Laytonville for use as emergency access/egress accessible to 2-wheel drive vehicles. A brief discussion ensued concerning appropriate second access routes, speed limits and parking issues.
Hal Wagenet, candidate for the County Board of Supervisors, came forward and also thanked the outgoing Directors for their work. He voiced concern about the District's water supply, and voiced appreciation for the restoration work accomplished at the Brooktrails Lodge. He commented on the upcoming fire tax measure, and suggested the fire department develop a clear definition of their emergency services. He encouraged the Board to continue its work with the City of Willits and the County Board of Supervisors toward the development of the second access.
Director Venturi reported that the hearing on the use permit application for the Brooktrails Lodge had been rescheduled for January 24, 2002.
President Skezas reported that through his efforts Brooktrails' ambulance had been repaired thanks to donations from Lions Club, Rotary Club, Soroptimist, Wild West Express, and Brooktrails Property Owners Association.
President Skezas briefly stated his position that management of the District is the responsibility of the General Manager. He felt that the District should concentrate on those matters for which it has funds, mainly water, sewer, fire, and golf/recreation. He stated his goal of shorter meetings, which he believed would result in increased public participation, asked that the Board consider adding a consent calendar to the agenda, and that agenda items be scheduled by a consensus of the Board. He took exception to a statement made by a fellow Board member that the last two years have been exemplary, and have tried to correct the errors of all past Boards. He felt it was offensive and an insult to all previous Board members who have worked hard to better Brooktrails. He also questioned the appropriateness of the adjusting depreciation entry made by the current auditor, and suggested a second opinion be obtained.
L. ACTION AGENDA
Routine Items:
4a. Notice of Vacancy, appointments and reappointments to Brooktrails Architectural Review Commission, Green Committee and Finance Committee.
Director Orth moved to appoint Charles Anderson for an additional four year term. Director Monteleone seconded the motion, and asked that more information be included in the public notice regarding purpose of the Architectural Review Commission. Claudia Reed, reporter from the Willits News, suggested a press release be submitted for publication in the paper outlining the various committees. A vote was taken on the motion which passed unanimously. President Skezas commented that no Board member serves on the Architectural Review Commission.
Director Venturi moved to appoint Bob Fuller to the Green Committee, seconded by Director Orth. Noting that Bob Whitney previously served on the committee, President Skezas volunteered to serve as the Board representative. A vote was then taken on the motion which passed unanimously.
Director Venturi moved to reappoint Bill Jack and Chuck Harden to the Finance Committee. The motion was seconded by Director Orth and passed unanimously. Director Orth expressed thanks to Mr. Jack and Mr. Harden for serving on the committee and for volunteering to continue. Director Venturi volunteered to continue as Board representative, and President Skezas volunteered to fill the vacancy left by Director Estabrook.
4b. Consideration of a Resolution accepting grant deed of real property from Wayne and Anne Brooks.
Director Orth moved to approve Resolution No. 2001-35, A Resolution accepting grant deed of real property from Wayne and Anne Brooks. The motion was seconded by Director Monteleone. Director Venturi stated his opposition to the program, as it results in a loss of revenue to the District. Director Pohlson asked that the lot reduction program be addressed at a future Board meeting.
A vote was taken on the motion as follows:
AYES: Directors: Pohlson, Monteleone, Orth, Skezas
NOES: Directors: Venturi
ABSENT: Directors: None
Resolution No. 2001-35 Adopted
4c. Review and approval of final agreement for land exchange with Tri-Coast Holdings, Inc.
General Manager Chapman briefly outlined the changes made to the document. Director Orth moved approval of the agreement. Director Monteleone seconded the motion.
Utilizing the overhead projector, General Manager Chapman reviewed a map of the property and outlined the specifics of the agreement.
4d. Review of Accounts Payable and authorization to issue checks.
General Manager Chapman reported that the County would be mailing the first installment of the annual assessment on Friday, December 14th. Director Orth moved to approve the list of Accounts Payable, seconded by Director Venturi. Director Pohlson asked that the firefighters remuneration be paid after receipt of the annual fire tax revenues. A vote was taken on the motion which passed unanimously.
5. CONSIDERATION OF A REQUEST BY SOLID WASTES OF WILLITS TO INCREASE RATES FOR GARBAGE COLLECTION SERVICE. PROPOSAL IS TO SCHEDULE A PUBLIC HEARING FOR JANUARY 8, 2002.
General Manager Chapman explained the events leading up to the request by Gerald Ward, CEO of Solid Wastes of Willits, for an increase in the rates for garbage collection in the District. He voiced his support for the request, pointing out rate decreases implemented by Mr. Ward in the past.
Mr. Ward came forward to answer questions from the Board.
Director Monteleone spoke against the proposed rate increase. She asked for clarification of the increased cost in tipping fees by the Willits transfer station, which was also owned by Mr. Ward, and pointed out that the agreement entered into in 2000 stated that there would not be an increase for two years.
Mr. Ward explained the terms governing the Willits transfer station, under the joint powers agreement between County of Mendocino, the City of Fort Bragg and the City of Willits. He noted that it was the contract administrator who increased the fees in response to increased landfill and transportation costs. He added that his insurance expense had tripled, also, and explained the measures he had taken to reduce his expenses, including cutting health insurance coverage for employee's spouses and children.
Director Venturi made a motion to set a public hearing for January 8, 2002 to consider a resolution approving rate schedule for garbage collection and curbside recycling effective 02/01/02. The motion was seconded by Director Orth.
Director Pohlson suggested that the District should address its franchise fee at the public hearing, and voiced concern about the reduction in benefits to Mr. Ward's employees.
President Skezas called for a vote on the motion which passed unanimously.
6. DISCUSSION OF THE DISTRICT'S TAX APPROPRIATIONS LIMIT (GANN INITIATIVE.)
District Counsel Neary explained that during a recent conversation with County Counsel, Peter Kline, the issue was raised as to whether the question submitted to the voters on the March 5, 2002 ballot should include a statement that the tax appropriations limits shall be raised by the amount of the tax collected. He commented that the District's Gann limit is very high compared to the amount of tax revenues received, and voiced concern that adding the language to the question may confuse the voters. Additionally, the time limit to change the question had passed, therefore it was irrelevant.
7. CONSIDERATION OF A RESOLUTION FORMALLY ESTABLISHING THE RECREATION, GREENBELT, CONSERVATION COMMITTEE AS A STANDING COMMITTEE OF THE BOARD, AND CONSIDERATION OF A RESOLUTION ESTABLISHING THE GREENBELT MANAGEMENT COMMITTEE AS A SUB- COMMITTEE OF THE RECREATION, GREENBELT, CONSERVATION COMMITTEE.
Director Orth, current Chairman of the Recreation, Greenbelt, Conservation Committee, recommended that a vision statement relating to the Greenbelt Management Committee be developed to provide a description of the results desired by the Board and community.
Director Monteleone asked that the membership of the committee be promoted through a press release in the paper.
Janice Gendreau, resident of Goose Place and member of the Recreation, Greenbelt, Conservation Committee, offered written suggestions on the purpose and membership of the proposed Greenbelt Management sub-committee.
Director Venturi suggested that the current members be contacted to assess their interest in the committee.
Director Orth reiterated his suggestion for the Recreation, Greenbelt, Conservation Committee to meet quarterly. He suggested advertising vacancies on the water bills.
President Skezas asked that action be deferred to the following meeting. No objections were raised.
M. SPECIAL REPORTS
i. Significant Correspondence received since last meeting:
Notification was received from Liberty Ambulance that they were leaving the area to be replaced by Ukiah Ambulance. Director Venturi asked that staff research the services to be provided by Ukiah Ambulance. Director Orth suggested a representative be invited to a future Board meeting.
Director Monteleone presented a memo concerning an offer from One Town One Vision and Rails to Trails to conduct a workshop to assist in the development of the Willits Creek Trail. Director Orth suggested the subject be placed on the next agenda. Board members agreed to do so.
While on the subject of One Town One Vision, President Skezas asked Director Monteleone to continue as the Board's representative which she agreed to do. Director Orth agreed to serve on the CalTrans Project Development Team, as did Director Monteleone.
iii. Finance
The Board reviewed warrants paid in November. General Manager Chapman reported that he would be scheduling a Finance Committee meeting early in January.
iv. Planning
The Board reviewed the Architectural Review Plan Activity report. General Manager Chapman reported that he had made three final inspections since the last report.
Director Monteleone raised concern about a possible side yard setback violation at a home under construction on Goose Road.
vi. Other
The Board received and filed the minutes of the Safety Committee meeting of 09/05/2001.
N. PUBLIC COMMENTS
None
At 9:00 p.m. the Board of Directors adjourned to closed session.
ADJOURNED TO CLOSED SESSION at 9:00 p.m.
RECONVENED to open session at 9:25 p.m.
O. REPORT ON CLOSED SESSION
General Manager Chapman reported that the Board had discussed anticipated litigation, one potential case, and given instructions to Legal Council (BTCSD vs. L. White.)
P. ADJOURNMENT
Director Orth moved to adjourn and President Skezas declared the meeting of December 11, 2001 closed at 9:26 p.m.
MIKE CHAPMAN
Secretary to the Board of Directors
GEORGE SKEZAS,
President
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