MINUTES

President Estabrook reported that the Board had met in closed session with Counsel concerning anticipated litigation, two cases, and had given instructions to Counsel to provide further information.


A. PLEDGE OF ALLEGIANCE

B. ROLL CALL

Roll call showed the following Directors present: Whitney, Venturi, Monteleone, Orth, and Estabrook. Also present were General Manager Chapman and District Counsel Neary.

C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA

Director Orth asked that an item be added to the agenda to discuss a letter to the District Attorney asking that the two juveniles involved in the shooting at the Brooktrails Store be tried as adults, and that it be the first item on the agenda.

Director Orth moved that agenda item one be consideration of the letter. The motion was seconded by Director Monteleone.

Director Venturi stated a possible conflict of interest, because of his employment with the Juvenile Probation Department.

A vote on the motion was taken as follows:

AYES: Directors: Whitney, Monteleone, Orth, Estabrook

NOES: Directors: None

ABSENT: Directors: None

ABSTAIN: Directors: Venturi

Motion Carried

D. MINUTES OF PREVIOUS MEETINGS

February 6, 2001

Director Monteleone asked that the phrase "assured her" be changed to "said" in the minutes of January 23, 2001, as corrected in item D of the minutes of February 6, 2001.

District Counsel Neary pointed out that he had set parameters for the Board to consider when adopting an urgency ordinance, and asked that the minutes reflect that he had done so.

Director Orth moved to approve the minutes of February 6, 2001 as amended, seconded by Director Monteleone. A vote on the motion was taken as follows:

AYES: Directors: Whitney, Monteleone, Orth, Estabrook

NOES: Directors: None

ABSENT: Directors: None

ABSTAIN: Directors: Venturi

Motion Carried

February 13, 2001

Director Orth asked that the word "solor" be corrected to "solar" on page 3114. Director Venturi moved that the minutes of February 13, 2001 be approved with that correction. The motion was seconded by Director Orth and passed unanimously.

E. SPECIAL PRESENTATION - None

F. PUBLIC HEARING - None

G. PUBLIC COMMENTS - None

H. ACTION AGENDA

1. CONSIDERATION OF A LETTER TO THE MENDOCINO COUNTY DISTRICT ATTORNEY.

Director Venturi again left the table, due his stated conflict of interest.

Director Orth asked that the letter state that, prior to the start of the regular Board meeting, the citizens of Brooktrails requested the Board to state the community's sentiment that the juvenile suspects involved in the shooting at the Brooktrails Store should be tried as adults.

He moved that staff prepare the letter, as directed. The motion was seconded by Director Monteleone. A vote on the motion was taken as follows:

AYES: Directors: Whitney, Monteleone, Orth, Estabrook

NOES: Directors: None

ABSENT: Directors: None

ABSTAIN: Directors: Venturi

Motion Carried

2. CONSIDERATION OF A REQUEST FROM ROBERT COLLIER FOR RELIEF FROM CHARGES FOR A WATER LEAK.

General Manager Chapman reported that he had reviewed several similar situations over the last few months, although not as costly, and felt that policy to address such issues needed to be established by the Board. He recommended a payment plan be offered to Mr. Collier, with waiver of any late charges. He asked Mr. Collier to come forward.

Mr. Collier stated that he felt he was being held responsible for an act of nature or geological phenomenon, and described the nature of the break in the line between the meter and the house. He also felt that there was no negligence on his part, as he was not the owner of the property, and he repaired the problem as soon as he was aware of it.

Director Whitney suggested the property owner be held responsible. He proposed the water bill be adjusted to the average water bill for December.

Director Orth pointed out that it is difficult to see leaks during the rainy season, and that these incidents need to be looked at on a case by case basis. He agreed with Director Whitney's suggestion for adjustment to the bill.

Director Monteleone agreed that the landlord should be responsible.

District Counsel Neary pointed out that the water customer is responsible for the bill. He is appealing the General Manager's decision to the Board, which has the authority to abate the bill. Director Monteleone voiced concern about setting precedent if the bill were waived entirely, adding that she would prefer the tenant pay his normal monthly charge and the difference be paid by the property owner. She stressed the need to develop Board policy on such instances.

Director Venturi moved that the bill be set at the same amount as was billed in December. The motion was seconded by Director Orth.

Bob Houtz and Mike Aplet spoke in support of Mr. Collier's position. Another audience member suggested the property owners file a claim with their insurance carrier. District Counsel Neary expressed doubt that the homeowner's policy would cover this type of damage.

President Estabrook also voiced concern about precedent, adding that the District could not afford to write off the bill for every leak that occurs, but due to the fact that Mr. Collier was a renter, and not negligent, he voiced agreement with the motion that was made.

General Manager Chapman commented that the customer's payment history should also be a consideration.

Director Whitney suggested the motion be amended to defer the balance of the bill, for discussion at a later time, to be sent to the landlord. District Counsel Neary pointed out that there is no provision in the Utilities Code which would give the District the authority to bill the landlord, unless the tenant defaulted on the bill.

President Estabrook summarized the findings of the Board as follows: 1) the leak was from a natural cause, not due to negligence on the part of the customer, 2) the customer was diligent in fixing the problem, 3) it was the first occurrence for this customer, 4) the customer is a renter not the property owner, and 5) the customer has a good payment history with the District.

Director Venturi chose to stand on his motion as it was made, to simply abate the bill for this customer back to the amount that was billed in December 2000, accepting the advice from Counsel that there is no authority to bill the landlord for the balance. Director Orth confirmed his second.

Director Monteleone suggested sending a letter to the property owners asking them to pay the bill. District Counsel confirmed that the Board could do so, although they could not send them a bill.

A roll-call vote was then taken on the motion as follows:

AYES: Directors: Venturi, Monteleone, Orth, Estabrook

NOES: Directors: Whitney

ABSENT: Directors: None

Motion Carried.

Director Whitney explained that his No vote was not against Mr. Collier's request, but against the loss of the option to collect the balance of the bill from the landlord.

Director Monteleone moved to direct the General Manager to write a letter to the property owner, asking them to pay the balance of the bill. Director Whitney seconded, asking that the motion be amended, and that the letter simply ask the owners to contribute towards the cost of the water, providing the details of Mr. Collier's bill and payment. He advised the General Manager to write off the balance and credit any contribution received against the write-off.

A vote was taken on the motion, which passed unanimously.

3. REVIEW OF THE RENTAL AGREEMENT WITH BPOA, WITH REGARDS TO LIABILITY FOR EVENTS WHICH UTILIZE GROUNDS OUTSIDE OF BUILDING.

Director Whitney suggested that page 1 of the agreement be amended by changing the definition of "premises" to include the property around the building as well as the building.

Bob Houtz, representing BPOA, clarified that the Association did not want to be responsible for anything that occurs in the parking lot.

Referencing the map attached to the lease, Director Whitney explained that the description would only include the parcel that the building is on, not the parking lot. However, he clarified that the District would still be responsible for improvements to the exterior of the building.

Director Venturi suggested that the renter be required to provide liability insurance for their event, as is required by the City of Willits, and that the fee be based on the number of persons and whether alcohol is served.

Director Monteleone voiced concern about the cost of additional insurance coverage for the Association.

Director Orth spoke in favor of changing the description, noting that the Association would have to determine the rates to be charged to recover their costs. He thanked Mr. Houtz for the recent improvements made to the Community Center by the BPOA. He asked the General Manager to revise the lease, amend the description, and present the revised lease to BPOA for review.

4. CONSIDERATION OF DEVELOPING A HARDSHIP WATER BILLING POLICY.

President Estabrook spoke in favor of continuing to address most issues on a case-by-case basis. At his request, General Manager Chapman provided a report of historical data showing how often these problems arise.

Director Whitney suggested that the Utilities Code be amended to allow the District to bill a landlord for a tenants' charge when the charge occurs as a result of negligence on the part of the landlord. He asked the General Manager for an estimate of the cost of water lost in the system due to leaks, based on the amount of water produced at the plant versus the amount of water billed to customers. He suggested a door hanger be devised for Utility Workers to use to notify water customers that they suspect a leak.

President Estabrook confirmed the Boards' consensus that a written policy was not necessary at this time.

5. REPORT ON THE STATUS OF THE DISTRICT BOUNDARIES ISSUE.

Director Whitney suggested that the District develop a Brooktrails Base Map utilizing the CAD system, that would show the various areas within the Township. He proposed contacting EIP Associates for the maps and data used in the development of the Specific Plan.

Director Orth proposed a focus meeting be scheduled with the County staff that setting up the GIS system, to determine if the District's needs will be met through that process. He reported that LAFCO will be working closely with the County on the development of the system, one of the goals being the development of boundary mapping.

In response to President Estabrook, Director Whitney explained that the proposed map would be informational in nature, and differentiated between the two proposals: 1) the mapping proposal, and 2) the definition of the various service areas and the Township.

President Estabrook requested clarification whether all lots within 300 feet of a sewer main are in the sewer district. He

proposed the issue be handled on a step-by-step basis, first by formalizing the proposed definitions. Director Whitney asked that the General Manager and District Counsel review the definitions and draft a proposed resolution to formally adopt them. He also asked that the General Manager and the Superintendent of Utilities research the process involved in developing the CAD maps, which would provide accurate information for staff and the public.

Director Orth proposed inviting Lief Farb, the County staff member working with the GIS system, to a future Board meeting.

I. SPECIAL REPORTS

i. Significant Correspondence received since last meeting:

ii. Personnel

iii. Finance

iv. Planning

The Board reviewed the Request for Action report. Director Whitney provided more detail about the recreational equipment which had been placed in the Greenbelt off of Lupine Way, and stressed the need to address the issue. He also asked the General Manager to have staff address off-road access to the Greenbelt in various areas, and to block vehicle access to Redwood Grove.

As to the problem at the corner of Primrose and Clover, General Manager Chapman offered to write the property owner again and offer to place obstacles to prevent cars from cutting the corner. District Counsel provided guidance as to the procedure involved in declaring a public nuisance.

v. Possible upcoming agenda items

vi. Other

J. PUBLIC COMMENTS - None

K. ADJOURNMENT

President Estabrook moved to adjourn, and declared the meeting of February 27, 2001 closed at 10:30 p.m.

MICHAEL V. CHAPMAN

Secretary to the Board of Directors

RICHARD ESTABROOK,

President