MINUTES

Vice President Tony Orth reported that the closed session was rescheduled for the next regular Board meeting because District Counsel Neary, and General Manager Chapman were delayed in Ukiah. He then called the regular meeting to order at 7:05 p.m.

B. ROLL CALL

Roll call showed the following Directors present: Venturi, Monteleone, and Orth. Also present was General Manager Chapman. Vice President Orth reported that Director Bob Whitney, President Richard Estabrook, and District Counsel Chris Neary would be joining the meeting as soon as possible, as they were delayed at the County Board of Supervisors meeting in Ukiah.

C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA

Vice President Orth suggested that the Board move agenda item number 3 ahead of the Special Presentation by Dr. Gitlin, in order to allow time for the others to arrive. Because Director Venturi did not attend the regular meeting of January 9th, only the closed session, approval of the minutes was deferred.

D. MINUTES OF PREVIOUS MEETINGS

January 9, 2001

1. Director Orth moved to approve the minutes of January 9, 2001 as written, seconded by Director Monteleone. The vote on the motion was as follows:

AYES: Directors: Monteleone, Orth, Estabrook

NOES: Directors: None

ABSENT: Directors: Whitney

ABSTAIN: Directors: Venturi

Motion Carried.

E. SPECIAL PRESENTATION - DR. ROBERT GITLIN AND MR. JIM RONCO

Mr. Ronco took the podium. Director Orth thanked him and Dr. Gitlin for their patience with the delay in their presentation. Mr. Ronco clarified for President Estabrook that they had not submitted a new use permit application to the County. Dr. Gitlin came forward and explained that they would be submitting a clarification amendment to the existing use permit application. He provided copies of material prepared for that purpose, and stated that a copy of the amendment would be sent to Brooktrails when completed.

For the benefit of the audience and Board, Mr. Ronco read a summary of the project they were proposing, which was limited operation of the motel along with assisted and unassisted retirement living (with meals provided in the Lodge) while simultaneously operating the restaurant, and lounge. He pointed out that operating the facility exclusively as a resort and motel is no longer a viable option because of the recent new motel construction in Willits, the remote location, and changing conditions in Brooktrails.

Utilizing a large map of the property, Mr. Ronco pointed out the location of the various units and the proposed fifty-three parking spaces. He read aloud a letter from the Community Development Commission of Mendocino County urging the favorable consideration in the approval process. He also cited various letters of support which were included in the hand-out.

A break was called to change the tape.

Director Whitney expressed appreciation for Dr. Gitlin's efforts. However, he stated that he would be more supportive if the use application was specific about the intended use of the motel units, which did not meet minimum square footage requirements, and stated in writing that they would be for assisted living. He also voiced concern about the number of water and sewer connections, and the intended use of the Lodge, itself.

In response to Director Venturi, Mr. Ronco defined "assisted living" as a retirement home for ambulatory persons, with meals provided at the Lodge, maid service, if needed, and recreational facilities. No medical personnel would be on site, and no medication would be dispensed. Mr. Ronco explained that they were asking for some flexibility, to allow for market conditions. Director Venturi voiced his concern that the application allows for all of the units on the property to be converted to long-term residential rentals, at the discretion of the owner, which could allow the property to convert back to what it was a year ago. Mr. Ronco assured him that the motel units would be used in conjunction with the Lodge, and that it is Dr. Gitlins' intention to move forward, pointing out his substantial investment in the property.

Director Monteleone felt that, in concept, Dr. Gitlin had a good idea, especially his proposal to use the Lodge for both senior assisted meals and as a restaurant and lounge for the public. However, she pointed out that he was asking the Board to endorse his application, but had not provided a copy of the application, itself. She voiced concern that the proposal, as written, would change the use of the cabins and motel units to long term rentals, without any restriction as to their use. Mr. Ronco assured her that if the senior housing idea did not work out, the motel would be used for short term rentals.

Director Orth expressed appreciation that Dr. Gitlin had responded to the concerns previously raised by the Board members and the public. He encouraged him to work out the details, such as the water use issue, and to move forward with his plans.

President Estabrook was hoping for more detailed financial information regarding the economic feasability of the project, and reiterated concerns about the about future use of the property in the event of a change of ownership.

Residents that spoke in favor of Dr. Giltin's proposal included Arlen Barry and Davina Sentak. Jake Hilkey was apprehensive about the ability of seniors to maneuver through the facility. Bob Boat was supportive of the concept, but cautioned Dr. Giltin to understand the legal definition of the term "assisted living." Dick Robie, as a former Board member, understood the Board's need for specific information, but also stressed the need for senior housing in the community. Kris Wagner echoed the concerns about change in ownership and lack of specific information. Henry Shepard encouraged the Board to collaborate with Dr. Giltin.

Harvey Frankle, a social worker who has worked with elderly people in the Willits area for over fifteen years, emphatically urged the Board to support Dr. Gitlin's project, stating his opinion that it was the last, best chance for the Brooktrails Lodge. He suggested the Board outline for Dr. Gitlin what information, exactly, they wanted him to provide.

Dr. Gitlin came forward and further discussed his specific plans. He agreed with Mr. Frankle that an outline from the Board would be helpful, as he felt that he had addressed all of the concerns expressed at the previous meetings.

Director Whitney made a motion that the Board support the concept, and that the General Manager and two Board members meet with Dr. Gitlin to develop a specific package which would facilitate the development of the project so that it is compatible with the interests of Brooktrails, and bring it back to the Board for its endorsement. Director Orth seconded the motion which passed unanimously. Director Whitney and Director Monteleone volunteered to be the parties involved.

F. PUBLIC HEARING - NONE

G. PUBLIC COMMENTS - NONE


H. ACTION AGENDA

3. QUARTERLY REPORT ON USE OF DISTRICT AMBULANCE

General Manager Chapman reviewed the Second Quarter Ambulance Report, noting that costs had decreased from $1,248 in the second quarter of the previous year to $549 this year, and runs had decreased from 24 in the second quarter of the previous year to 11 this year. He also noted that collections were 18% of billing, attributed to the delay in receiving payment from the insurance companies, and difficulty in determining the responsible party.

Director Venturi felt that the report indicated a lack of need for the ambulance, and commented that the Board and the residents will have to take a good look at the justification for continuing to provide the service.

Director Monteleone commented that the new ambulance service in Willits had been very good, resulting in fewer calls to Brooktrails for backup. During the first six months of the fiscal year our ambulance transported only one patient from Brooktrails and eight from out of the area.

Director Orth commented that Brooktrails first started ambulance service because Willits Ambulance needed backup. However, recently many of the ambulance calls are cancelled en route. The failed fire tax measure at the last election was designed to provide revenues to fund the Fire Department over the next ten years, as our Fire Department is first responder for any medical calls within the District, whether or not the ambulance is used.

In response to a question from an audience member, Director Venturi outlined the service provided by Liberty Ambulance in Willits.

Board members agreed to next discuss agenda item number 5, as the other members had not yet arrived.

5. DISCUSSION OF SCHEDULE AND POSSIBLE AGENDA ITEMS FOR THE ANNUAL PLANNING MEETING

The three Board members present tentatively set the date for February 24th and reviewed the possible agenda items. Director Orth suggested a five-month report from the General Manager be added.

Vice President Orth suggested agenda item 4 be discussed next.

4. PROPOSED MODIFICATIONS TO BROOKTRAILS TOWNSHIP 2001 FUEL REDUCTION (FIRE ABATEMENT) PROGRAM

General Manager Chapman stated that a letter about the fire abatement program would be sent to all Brooktrails property owners, along with the April notice of public hearings on Water Availability and Sewer Standby charges. He outlined the program, noting the suggested increase in administrative fees to $200 and the establishment of a re-inspection fee of $25 per site visit, noting that no fees would be charged to property owners in compliance.

Director Orth used the Daphne Way fire which occurred in the summer of 2000 as an example of the effectiveness of a fire abatement program.

In response to Director Venturi, General Manager Chapman replied that the $2,000 for postage and supplies for the mailing would come from the Fire Fund. He felt it would be a justifiable expense, as it would result in a higher percentage of compliance.

Director Venturi voiced concern about the large number of lots in the District and the limited number of contractors available to do the work. He pointed out that many lots that were on the list to be abated were not bid on by the any of the four available contractors. He suggested that the Board review the circumstances if extensions are requested due to overload on the contractors. General Manager Chapman stated his preference of changing the date of compliance for everyone, rather than allowing extensions. Director Venturi also stressed the need to be able to enforce any program that is adopted.

Director Monteleone suggested an article be published in the next BPOA/District newsletter outlining the abatement program and the deadlines that must be met.

Because of the variations in the rainy season, Director Orth felt that the grass lots deadline should be somewhat flexible. However, he felt that the clearing of heavy underbrush should always be completed prior to the end of the burn season. He stressed the need to get the fire tax passed to allow for a full time Fire Prevention Officer to enforce the abatement program.

In response to concerns from an audience member, Director Orth reported that the Greenbelt areas are cleared by CCC and CDF crews, and are less likely to be a source of fire than property along the roads. He added that the County road crew did an excellent job clearing brush along the County roads.

Bob Houtz, of Harrah Drive, suggested moving the compliance date to June 15th, and asked that the contractors contact Neighborhood Watch to let them know which lots are to be abated.

Davina Sentak, a resident of Primrose Drive, suggested utilizing CCC Crews to abate lots not in compliance. Director Orth clarified for her that those crews are only allowed on public property, not private property. He suggested a sample agreement, stating the deadline for compliance, be written for property owners to use when hiring a contractor.

General Manager Chapman showed the Board members and audience an emergency exit sign made by District staff, noting that thirty signs are available to be placed at major intersections in the event of an evacuation order.

Note: President Richard Estabrook arrived at 8:00 p.m. He reported that the Board of Supervisors had concluded the public hearing on the Lawrence White subdivision application, but had deferred Board action until February 6, 2001. Supervisors Tom Lucier, and Richard Shoemaker will be working with the planning department staff to review the available information. He felt that the Supervisors understood that it is a confusing and complicated issue.

Director Orth reviewed the agenda items covered to this point, suggested the Board now consider the minutes of January 9, 2001, and turned the gavel over to President Estabrook.

2. REVIEW OF MATERIAL TO BE PRESENTED TO THE BOARD OF SUPERVISORS AT THE APPEAL HEARING OF THE APPROVAL OF A USE PERMIT APPLICATION FILED BY LACE MAY

President Estabrook provided a brief review of the subject, commenting that the Zoning Administrator had essentially ignored the District's comments and approved the proposed repair shop to be built at the top of Buckeye Road. The District had appealed this action to the Board of Supervisors.

General Manager Chapman provided a draft letter to Kristi Furman, Clerk of the Board of Supervisors, for the Board's consideration. He pointed out several inconsistencies in the application and voiced concern about the "granny flats" issue and the cumulative effect approval of the project may have on the District's water system. Other issues raised included commercial development in a residential zone, fire protection, and public opposition.

Director Whitney suggested the County again be asked to determine the status of Ridge Road, as the proposed building plans show a driveway on an unfinished portion of Ridge Road. He also suggested the District develop an ordinance to address the issue of two residential units on one parcel, and that the issue be addressed in the letter. He asked that the Board delegate two Board members to work with the General Manager, and outline each of the requirements of a "Cottage Industry" to demonstrate why the proposed machine shop does not meet the criteria.

Director Venturi expressed his main concern, that the County does not respond to opposition from Brooktrails residents or Directors. He asked that the letter address falsifications in the application, such as the fact that the existing structure is listed as a garage, but is actually a three bedroom home. He felt the tone of the letter should be stronger, and concurred with Director Whitney's suggestion of two Board members working on it with the General Manager.

Director Monteleone commented that the Board and the residents are united in opposition of the project. She also felt the language in the letter should be stronger, and the issue of setting a precedence by allowing two residences on one parcel should be emphasized.

Director Orth pointed out that the County approved the project based on the County General Plan without referring to the Brooktrails Specific Plan. The approval of a second residence would constitute changed conditions, and call for a five-year review of the Specific Plan. He urged concerned citizens to attend the Board of Supervisors hearing.

District Counsel Neary noted that the Cottage Industry standards state that "no additional service demands will be created by the use." However, this project would be a tax upon the existing public facilities, as the District's Utilities Code would require a separate water and sewer connection.

President Estabrook pointed out that Mr. May's agent is using the Buckeye Road address as a mailing address, although it is shown in the application as a garage.

Jack Bothwell, resident of Buckeye Road, commented that he had attended the hearing and felt that the Zoning Administrator had made up his mind to approve the project before any citizens even spoke. He also pointed out that Mr. May intends to retire in one year, however the permit runs with the property.

Warren Miller, of Perch Drive, urged the audience members to sign one of the petitions being circulated, to voice their opposition to the project.

Dolores Braden of Tulip Place suggested photos of the existing home be attached to the letter.

Director Whitney made a motion that President Estabrook appoint two members of the Board to work with the General Manager on the letter. The motion was seconded by Director Venturi, and passed unanimously. President Estabrook asked for volunteers to work on the letter. Directors Orth and Whitney agreed to do so.

I. SPECIAL REPORTS

i. Significant Correspondence received since last meeting:

a) Letter from MCOG regarding the Statewide Transportation Improvement Plan, and review of draft response.

Director Venturi asked that item C1 be changed to read "A second access road to intersect Highway 101. This would be linked with the need for addition and maintenance of adequate emergency ingress and egress routes" as he felt that the second access route was the item of top priority to the residents of Brooktrails.

Director Orth pointed out that emergency access and ingress roads are not County roads, and therefore are not a part of the MCOG process. Director Venturi then suggested the reference to emergency access and egress be struck, and the second sentence read "This would be a two lane paved access road."

Director Monteleone felt that emergency ingress and egress was the top priority and an appropriate answer to the question posed in the letter from MCOG. She voiced concern about stating that a second access to intersect Highway 101 was the top priority.

Director Whitney commented that MCOG is concerned with funding of public roads, not the issue of roads over private property, and that emphasis should be placed on trails and a third access.

President Estabrook suggested that some of the emergency roads over private property could eventually become a part of the County road system. Director Orth commented that historically the County has refused to take over the maintenance of a private road when asked to do so.

Pointing out recent improvements made to the northern section of Sherwood Road, Director Monteleone felt that the County should be encouraged to improve some of the other roads. Director Estabrook agreed, and noted that the letter is asking what our transportation problems are, and one of our problems may be that the County hasn't taken over some of the emergency roads. He was willing to list the second access first, but was not in favor of striking reference to emergency ingress and egress altogether.

Director Whitney mentioned Ridge Road, as an example. Director Orth agreed, noting that the County has the ability to purchase the unfinished sections of Ridge Road through MCOG funding.

President Estabrook then summarized the changes to section C1. In the first sentence, change Director Venturi's suggested phrase "intersect with Highway 101" to "provide service to Highway 101" and change the second sentence to read "Upgrade the existing unpaved sections of Sherwood Road and Ridge Road to county paved road standards, to accommodate two wheel drive vehicles and provide for all weather emergency ingress and egress."

Director Monteleone asked that item 5 be changed to read "Lack of 'park and ride' or public transportation service for commuters, school children, senior citizens, disabled residents and residents who do not own a vehicle." President Estabrook asked that "or affordable fixed route service" be added after " public transportation service."

b) Letter from the Solid Waste Local Task Force.

President Estabrook reported that he had received a letter from the Solid Waste Local Task Force advising him of a February 8th meeting. Because he would be out of town, Director Orth volunteered to attend.

ii. Personnel

iii. Finance

iv. Planning

A report of outstanding Requests for Action was received and filed.

v. Possible upcoming agenda items

President Estabrook requested that the Focus Meeting scheduled for February 6th on the Second Access be changed to February 20th, as the Board of Supervisors had scheduled their meeting on the subject for March 6th. The other Board members agreed to the change. Director Orth commented that there is a citizens group working on the issue. A representative will attend and provide a written report for the meeting.

Director Venturi informed President Estabrook that they had tentatively set the date for the Annual Planning Session for February 24th. Both President Estabrook and Director Whitney agreed to the date.

President Estabrook inquired as to the outcome of the closed session. Director Orth replied that it had been rescheduled for February 13th. District Counsel Neary suggested the Board hold a one-hour closed session on January 30th at 6:00 p.m. to address the issues. Board members agreed to do so.

vi. Other

J. PUBLIC COMMENTS

K. ADJOURNMENT

Director Orth moved to adjourn and President Estabrook declared the meeting of January 23, 2001 closed at 10:50 p.m.

RICHARD ESTABROOK
President

MICHAEL V. CHAPMAN
Secretary to the Board of Directors