The Board of Directors of Brooktrails Township Community Services District met in regular session on February 13, 2001 in Brooktrails Community Center. President Richard Estabrook called the meeting to order at 7:00 p.m.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Roll call showed the following Directors present: Whitney, Monteleone, Orth, and Estabrook. Also present were General Manager Chapman and District Counsel Neary.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
Director Whitney asked that a closed session be held at the end of the meeting to clarify the progress of the real estate transaction discussed on February 6th. Board members voted unanimously to do so.
President Estabrook reported that the appeal hearing on the use permit application of Lace L. May was held in Ukiah, the appeal was denied and the project was approved by a 4 to 0 vote. The Supervisors showed very little concern about the water issue, noting that the Specific Plan does not specifically state that second units will not be approved. Director Whitney suggested a closed session be scheduled soon to discuss anticipated litigation.
District Counsel Neary advised the Board that their next step should be to consider Mr. May's water service application. If he intends to connect to the existing building, the District can issue a notice to "cure and correct." If the situation is not corrected, as a last resort, water service can be discontinued. If Mr. May applies for an additional connection, the General Manager will have to make an initial decision, which Mr. May can appeal to the Board.
Director Whitney stated that he would like the Board to consider challenging the Board of Supervisor's decision and filing a court action to reverse the decision.
District Counsel Neary offered to provide an opinion on the matter and agreed to meet in closed session, noting that the Board has at least thirty days to challenge the decision.
D. MINUTES OF PREVIOUS MEETINGS
None
Note: Director Venturi arrived at 7:23 p.m.
E. SPECIAL PRESENTATION
Ruth Goodfield with Eel River Watershed Management Group
Ms. Goodfield provided a brief history of the Eel River Watershed Management Group (ERWIG), stating that they are a public non-profit group formed to help land owners and land managers obtain funds for the resoration of salmon and steelhead habitat on their property. They work closely with both the Department of Fish and Game, and the Regional Water Quality Control Board.
She reviewed the grant application which was submitted on the District's behalf, and summarized the type of projects that they hope to accomplish. Also, she confirmed that the Department of Fish and Game had approved a grant of $24,000 to restore the former Summer Lake area.
In response to General Manager Chapman, she outlined the funding mechanism for the project, commenting that they are a grant-funded organization and would contribute some money towards the required matching funds. The District would have to expend funds for things such as per diem, transportation, contract services, and staff time, estimating a total match of $10,000.
A brief question and answer session ensued, after which time President Estabrook thanked her for her presentation.
Ed Burton - Transpiration Redwood Forest System
Deferred pending Mr. Burton's arrival.
F. PUBLIC HEARING - Consideration of Ordinance No. 116
Director Whitney asked that the word "section" be corrected to read "sections" in the eighth line of section 4-102.
President Estabrook opened the public hearing at 7:52 p.m.
Janice Gendreau voiced her support of the ordinance and asked the Board to consider further measures to limit the number of connections per parcel. Director Orth suggested that the Board review the "granny flats" issue as a part of the five-year review of the Specific Plan.
Bob Houtz, of Harrah Drive, voiced concern that the proposed ordinance did not limit sewer connections, also. President Estabrook speculated that by limiting the water connections per parcel, the number of residences would be limited, and the sewer issue would therefore not be a factor in this instance. However, he agreed that it may come up in the future and should be considered.
No other audience members came forward, and President Estabrook closed the public hearing at 8:02 p.m.
Director Orth moved to adopt Ordinance No. 116, as corrected. The motion was seconded by Director Monteleone and the vote was taken as follows:
AYES: Directors: Whitney, Venturi, Monteleone, Orth Estabrook
NOES: Directors: None
ABSENT: Directors: None
Ordinance No. 116 Adopted.
G. PUBLIC COMMENTS
Bob Houtz came forward to request time to speak at the February 20th focus meeting on the Brooktrails Second Access.
H. ACTION AGENDA
2. CONSIDERATION OF A RESOLUTION ESTABLISHING A POLICY ADDRESSING AMBULANCE BILLING AND WRITING OFF UNCOLLECTIBLE AMBULANCE REVENUES.
General Manager Chapman explained that consideration of this Resolution is in response to the annual Auditor's report, wherein the Auditor suggested that the District develop a policy addressing ambulance billing and receivables.
Director Whitney asked that the phrase "by the General Manager" be inserted at the end of paragraph 4, and after the word "determined" in the first sentence of paragraph 5, to clarify who has the responsibility for making the decisions.
Director Venturi asked the General Manager for clarification of the criteria used to determine that an account cannot be collected. He suggested sending a final demand letter to the debtor after 180 days, offering an amount reduced by 20 or 25%, as a final settlement if paid by a certain date, before sending the bill in for collection.
Director Orth suggested adding an administrative fee to the bill before it goes to collection, and stating in the letter that the account will go to collection if not paid.
Director Monteleone voiced concern that if the discount provision was written in policy, people would have a tendency to delay payment. She spoke in favor of a 20% reduction as opposed to 25%.
Director Orth asked that all accounts be handled on a case-by-case basis at the discretion of the General Manager.
Janice Gendreau, who has experience with insurance claims, offered to assist the General Manager and Fire Department staff with the drafting of the Policy.
Director Whitney suggested, in the last sentence of paragraph 4, the phrase "the General Manager may, at his discretion, offer a 20% discount if the balance is paid in full within 30 days" be added after "Should Brooktrails not be paid within one hundred twenty days from the first due date".
President Estabrook felt that the language in paragraph 3 should be more specific as to why an adjustment would be made, and suggested adding the phrase "upon denial of a claim or a portion of a claim".
General Manager Chapman offered to re-draft the Resolution and bring it back for further consideration at a future meeting.
3. REVIEW OF THE ANNUAL RECONCILIATION OF CHARGES FOR SEWER BY THE CITY OF WILLITS.
General Manager Chapman commented that, although the report provided to Brooktrails is signed off by an auditor, it is not really an audit.
District Counsel Neary clarified that several years ago the issue was raised of the City's auditor preparing the report but disclaiming any responsibility for it. After a series of discussions it was agreed, informally, that the un-audited report would be provided annually, and that Brooktrails' fees would be calculated based on this report, although the agreements were not formally amended. The agreements do require that these accounts be audited and submitted to the General Manager each October 1st. He recommended that the District obtain a copy of the City's audit report for the Sewer Fund, compare it to the report provided to Brooktrails, and review those expenses allocated to the Sewer Fund.
General Manager Chapman provided a brief review of the operating costs, capital costs, and alternatives for future means of dealing with effluent disposal.
Director Whitney thanked General Manager Chapman for his good work. He asked that General Manager Chapman clarify the appropriateness of the methods used to calculate percentages for capacity and use, and report back to the Board of his findings. He also asked for a report of the sewer flow measured by District staff, and the measurement methods used by both Brooktrails and the City of Willits.
District Counsel Neary clarified that the measurement of flow determines the percentage the District pays of operating costs, and the percentage of capital is based on our potential of 2,000 connections to the system. He also questioned the appropriateness of classifying the purchase of land as a capital expense, as opposed to a maintenance expense. He explained that the District does not own any portion of the land, simply an easement to use the land.
A break was called to change the tape.
BREAK at 8:55 p.m. - RECONVENE at 9:03 p.m.
Director Whitney asked for a written explanation of the notification process in the event of a break in the sewer main, and of the schematics of the system from the White property into the treatment plant. He questioned the legitimacy of the charges for reallocation of time for the City Manager and Public Works Superintendent and the charge for legal issues and sewer plant settlement. He asked the General Manager and District Counsel to research the District's liability with regards to the City's non-compliance with directives from the Regional Water Quality Control Board. He questioned the justification for paying for land without any ownership, and asked for clarification of "VFD Irrigation" on Schedule II, page 2 of 2.
Director Venturi pointed out six items on the same schedule under "Capital Outlay" that were purchased on 06/30/00. He questioned the item listed as "L/T disposal project" in the amount of $21,761. District Counsel Neary explained that the City had received a clean-up order to remove lead casings from the rifle and pistol range next to the sewage pumps. Director Venturi questioned the appropriateness of the District paying a portion of that cost. Also, District Counsel Neary clarified that the District would pay the percentage of capital amount (37.69%) of whichever alternative the City chooses for future wastewater treatment.
Director Monteleone voiced concern about the lack of control over operational costs and the calculations used to determine the percentage of capital amount.
Director Orth stressed the need for a staff-to-staff meeting prior to Board discussion, to address any concerns.
District Counsel Neary suggested the Board ask the City for an audit by a C.P.A. to verify that the report is based on generally accepted governmental accounting practices.
Director Whitney agreed, and proposed that an independent accountant be asked to determine if the expenses allocated to the District are legitimate, keeping in mind the terms of the contract. District Counsel Neary read aloud the sections of the agreement relating to audits, which state that the District shall receive a copy of the City's annual audit of the sewer fund.
In response to Director Monteleone, District Counsel Neary explained that grant funds may be available from the Water Quality Control Board to address some of the capital improvements outlined in Alternative 3.
President Estabrook stressed the need to follow up on Director Whitney's suggestion of reviewing the metering methods and schematics of the system, including every meter used to calculate revenue, ours and theirs. He asked that a tour of the treatment plant be arranged for all interested Board members.
Director Whitney thanked General Manager Chapman for his in-depth review of the report.
Ed Burton - Transpiration Redwood Forest System
Because Mr. Burton had not attended the meeting, Director Whitney explained that Mr. Burton was seeking endorsement of his concept from the Board. He would be submitting a grant application to the U.S. Department of Energy to finance his approach to carbon sequestration using redwood trees and effluent from one of the District's sewer lines.
Board members unanimously agreed to authorize the General Manager to write a letter of support to Mr. Burton.
I. SPECIAL REPORTS - GENERAL MANAGER
i. Significant Correspondence received since last meeting:
ii. Personnel
iii. Finance
Board members reviewed the report of accounts payable and warrants for January. Director Venturi questioned a duplicate check for office supplies. Director Orth explained that it was due to a check being lost in the mail. Board members asked that the original check be marked as "void" on the report.
Calling attention to the checks issued to Pacific Bell, Director Orth commented that telemetry is one area where costs would be reduced, and efficiency increased, if the District would switch to a solor-powered radio-based telemetry system as opposed to a telephone line-based system.
Director Whitney asked for a report of the number of residents who lose water service during a power outage, and the number of generators that would be required to provide service during those times. He also suggested researching the possibility of installing a hydro-generator in the pipe between Lake Emily and Lake Ada Rose to assist in the energy needs at the water treatment plant.
iv. Planning
v. Possible upcoming agenda items
President Estabrook asked that the Board members review the list of agenda items and add any items that have not been included.
Director Whitney asked that the General Manager's revised abatement program be scheduled for further discussion as soon as possible.
J. PUBLIC COMMENTS
Janice Gendreau asked for an update on the status of the Propane Alliance. General Manager Chapman assured her that the program was moving forward.
K. ADJOURNMENT
Director Orth moved to adjourn to closed session at 10:17 p.m. After a brief discussion with Counsel concerning the CNRC Parcel, the regular meeting of February 13, 2001 was adjourned at 10:25 p.m.
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
RICHARD ESTABROOK
President
|
