MINUTES

District Counsel Neary explained that the closed session was incorrectly shown on the agenda as "anticipated litigation" but was actually concerning an existing lawsuit that had been filed on May 23rd, Brooktrails Township vs. Lawrence White, case #01-85737. The Board had met with legal counsel and had given direction to counsel.

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

President Estabrook asked that consideration of draft letters to CDF and to Regional Water Quality Control Board responding to the THP be removed from the Special Presentation and placed as the first action agenda item. He also asked that the public hearing be split into two public hearings, one for the budget and one for the golf rates, and that an agenda item be added at the end to discuss topics and date for the next focus meeting.

D. MINUTES OF PREVIOUS MEETINGS

April 21, 2001

Director Orth moved to approve the minutes of April 21, 2001 as written. The motion was seconded by Director Monteleone, and the vote was taken as follows:

AYES: Directors: Whitney, Monteleone, Orth, Venturi

NOES: Directors: None

ABSENT: Directors: None

ABSTAIN: Directors: Estabrook

Minutes Approved.

April 30, 2001

Director Monteleone asked that on page 3151, the sentence "She questioned the accuracy of that claim." be added at the end of the fourth paragraph. Director Orth asked that on page 3152, the "He would request that all PVC culverts be removed and replaced with appropriate drains." be changed to "He would request that all PVC culverts be removed and replaced with appropriate culverts."

Director Monteleone moved to approve the minutes of April 30, 2001, as amended. The motion was seconded by Director Orth, and the vote was taken as follows:

AYES: Directors: Whitney, Monteleone, Orth

NOES: Directors: None

ABSENT: Directors: None

ABSTAIN: Directors: Venturi, Estabrook

Minutes Approved.

May 8, 2001

President Estabrook asked that a paragraph be inserted on page 3155, before paragraph 5, as follows: "President Estabrook reiterated the provisions of Ordinance No. 116, adding that to grant a variance he would have to be convinced that the project was for the good of Brooktrails as a whole. He then stated that he could only see negatives coming from Mr. May's proposal." He also asked that the minutes be corrected to reflect that the motion to uphold the decision of the General Manager was made by Director Orth, as opposed to Director Whitney. Director Orth moved to approve the minutes of May 8, 2001 as amended, seconded by Director Whitney. A vote on the motion was taken as follows:

AYES: Directors: Whitney, Monteleone, Orth, Estabrook

NOES: Directors: None

ABSENT: Directors: None

ABSTAIN: Directors: Venturi

Minutes Approved.

E. SPECIAL PRESENTATION

a) BRAD BRANDON - GENERAL MANAGER OF LIBERTY AMBULANCE

Mr. Brandon reported that he intends to expand the service, including the purchase of a four-wheel drive vehicle to provide medical response to off-road incidents and to be used for backup.

Director Venturi stated the Board's concern that Liberty Ambulance may be leaving the area because of financial reasons. He explained that the District is considering discontinuing ambulance service, but was hesitant to do so based on rumors about Liberty.

Mr. Brandon explained that although calls are lower than expected, revenues are sufficient to support the service. He assured Director Venturi that Liberty Ambulance would be around, and urged the Board to keep Brooktrails' ambulance, if at all possible, to provide backup transport service when needed.

In response to questions from Director Monteleone, Mr. Brandon confirmed that Liberty has two ambulances here, but does not have funds to staff both, so when a scheduled transfer comes in, they call in a crew to assist. He also confirmed that the four-wheel drive vehicle will be a first-response, advanced life support vehicle, not a transport vehicle.

Director Orth commented that the fire tax proposal did include the provision to continue ambulance service. He asked Mr. Brandon for his support with the fire tax measure.

After a brief question and answer session with audience members, President Estabrook thanked Mr. Brandon for attending.

b) JOHN BURNS, REGISTERED PROFESSIONAL FORESTER

Mr. Burns introduced Rick Priest, a partner in the ownership of the property, who summarized a recent meeting with the General Manager in which they discussed possibilities for purchase of the property or acquisition of a conservation easement to protect the watershed. He offered to answer any questions from the Board.

General Manager Chapman reported that the grant application for a watershed management plan had failed, partially as a result of funds allocated by the Governor to pay for the electricity crisis. President Estabrook asked for a future agenda item to discuss Proposition 13 grant money, and to consider letters of protest to Virginia Strom-Martin and Wes Chesbro.

Director Orth commented that the Proposition 13 funds are voter-approved bonds, dedicated for specific uses, and he believed that those funds would have to be replaced. With regards to the Mayfield property, he spoke in favor of pursuing a conservation easement or purchase.

Mr. Priest reported that the property owners were in the process of completing a transaction with Save the Redwoods and Jughandle State Park in Caspar, for the sale of property at a reduced price in exchange for a charitable contribution, and indicated that they would be willing to work with the District in a similar fashion.

As requested by Director Monteleone, Mr. Burns provided a summary of the THP for the benefit of the audience. He also reviewed the mitigation measures that were implemented as a result of prior logging in the area.

Director Whitney pointed out that the THP would provide a sheltered fuel break for the Greenbelt, which he would like to see extended. Mr. Burns indicated that the steepness of the slope may be prohibitive. Discussion ensued concerning proposed roads and dust control measures. Mr. Burns confirmed that if the THP were approved, they intend to begin harvesting this year.

Director Whitney also pointed out that the zoning of the property is Residential 20, and could ultimately become a subdivision in the future. If that were to happen, the County would ask the District for comments on the proposal, and a conservation easement could be considered as a condition of approval.

Mr. Priest indicated that the property owners may be willing to consider other options to assist the District in acquiring the property or conservation easement. Director Orth expressed his appreciation to Mr. Priest, and asked that the Board direct the General Manager to begin discussions.

F. PUBLIC HEARING

3a. HEARING ON FISCAL YEAR 2001-2002 BUDGET

With the aid of the overhead projector, General Manager Chapman reviewed a chart of projected balances for all funds, pointing out the deficit in the Fire Fund which would necessitate transfers from the General Fund to break even. He stated that the rate increases were necessary in the Water Fund to build reserves for future infrastructure improvements, and reminded the Board that the District would have to pay its share of the costs incurred by the City of Willits for improvements to the sewer plant. He then invited questions from the Board.

Director Whitney asked for clarification of revenues and expenses relating to abatement. He asked that in the description of "Contract Operations" on page 11 the word "weed" be changed, and asked for a more detailed breakdown of revenues, including liens received from the County from the prior year. He asked for a future agenda item to discuss at the Board level, where the $30,000 recreation grant funds from the State would be spent.

Director Venturi voiced concern about the Board discussing allocation of the grant funds prior to their receipt. Director Orth suggested the discussion of the use of the funds begin at the Recreation Committee, and that they make their recommendations to the Board.

Director Whitney asked that a discussion be held about fees paid to LAFCO prior to expenditure of the funds. Director Orth clarified that LAFCO fees are deducted by the County, not paid by check from the District. Director Orth also asked that the word "Enterprise" be struck after "Golf Fund" on page 2. He asked about the transfer of funds from the Franchise Fee to the Fire Fund to compensate for revenues lost as a result of donated lots and lot mergers, and asked for clarification of the amounts shown as Contract Services on page 6. He questioned the note about the water plant clarifier on page 9, and description of "Fire Responses" on page 12. He asked for a more detailed breakdown of revenues, and clarified that logs for fencing were available at various places on District property and would not need to be purchased, as indicated on page 14.

President Estabrook opened the public hearing at 8:40 p.m. No comments were received, so he closed the public hearing at 8:41 p.m.

3b. HEARING ON PROPOSED RATES AND FEES ADJUSTMENTS FOR USE OF THE GOLF COURSE

General Manager Chapman summarized the adjustments made to the proposed rates and fees as a result of prior discussion.

Director Venturi asked for clarification of the terms for prorated annuals, and suggested that a written statement outlining the policy be provided in writing to the golfer at the time of the purchase. He also asked for clarification that the discount for volunteers will be handled on a rebate basis, and asked that the word "discount" in the resolution be changed to "rebate."

President Estabrook opened the public hearing at 8:50 p.m. Ginger Pohlson came forward to report that she had received no negative comments on the proposed rates, and that most golfers felt that the rates were very fair. She predicted that no one would request the rebate. No other comments were received, so President Estabrook closed the public hearing at 8:52 p.m.

Director Orth commented that, as Chairman of the Recreation Committee, he would recommend allocation of $6,000 of the grant funds to the Golf Course.

Director Venturi moved to adopt Resolution No. 2001-10, A Resolution Establishing Fees and Charges For the Use of the Brooktrails Golf Course, as amended. The motion was seconded by Director Orth and the vote was taken as follows:

AYES: Directors: Whitney, Venturi, Monteleone, Orth, Estabrook

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 2001-10 Adopted.

G. PUBLIC COMMENTS

Marty Wattenberger, former Division Chief of CDF, reported that a federal grant, which he was working on prior to his retirement, was approved for various fire prevention programs, including education and hazard abatement efforts. These funds will assist CDF with providing inmate crew labor to provide fuel reduction, as well as purchase of a chipper, supplies, and other tools. He provided guidance as to effective means of conducting hazard abatement in the Greenbelt, and updated the Board on recent developments at the Air Resources Board. He recommended the District set a realistic goal of abating 10% of the private lots each year, starting with the developed lots and vacant lots adjacent to homes. He spoke highly of the District's abatement program, noting the large amount of fuel load that has been removed from Brooktrails over the years.

President Estabrook asked if the inmate crews would be allowed to provide chipping service to the residents of the District. Mr. Wattenberger responded that it would be allowed, as long as the crews were not on private property. Director Orth suggested using the area below Lake Emily next to the Golf Course.

Mr. Wattenberger emphasized the need for the District to maintain a good working relationship with CDF, as they will be able to provide resources to assist with the hazard abatement efforts within the District.

H. ACTION AGENDA

4. CONSIDERATION OF DRAFT LETTERS OF RESPONSE TO CDF AND REGIONAL WATER QUALITY CONTROL BOARD (RWQBC) RESPONDING TO THE THP

President Estabrook reported on the site visit which he and the General Manager had attended on June 4th, in the THP area. He expressed appreciation to Mr. Burns and the additional crew that provided the tour. He voiced concern about the steepness of the slopes where new roads are proposed to be constructed. He read the draft letter to CDF out loud for the benefit of the audience. He commented that the representative who attended the site visit from the RWQCB offered to establish a water quality monitoring program, and spoke in favor of taking them up on that offer.

Bill Barksdale, resident of Spring Creek, came forward and spoke against the proposed THP. He pointed out that Mr. Mayfield was involved in the development of the Spring Creek subdivision, and that Mr. Burns sits on the Board of the Spring Creek Road Association, suggesting that a conflicts of interest may exist. Other concerns raised included the degree of slope, the effect of truck traffic on the Spring Creek road system, instability of the soil, the effect on Willits Creek and the salmon habitat, and increased fire danger. He provided supporting documentation in the form of copies of official records and letters, and referenced a past lawsuit regarding use of the roads by logging vehicles.

Charles Martin, Review Team Chairman for CDF, came forward and provided an outline of the approval process for a THP. He noted that all official comment should be sent to the Director of Forestry in the Santa Rosa regional office, who is the ultimate decision maker. He offered to notify the District of the date of the multi-agency review, and noted that the public comment period remains open at least fifteen days after the pre-harvest inspection, but is determined by agreement between the plan submitter and CDF. Typically, CDF asks for five working days after the second review.

In response to Director Orth, Mr. Martin clarified the criteria used to determine designation as a "threatened and impaired watershed." He confirmed that the Eel River basin, including this THP area, is listed as impaired, and therefore subject to more stringent rules and regulations.

In anticipation of public concern, Mr. Martin explained the provisions for approving a THP on property which may change hands into a conservation easement, noting that CDF's position is to not be speculative during the decision making process.

With regards to the draft letter to CDF, Director Whitney asked that language be added noting that residential subdivisions surround the property, and a request be included that specific fire protection measures be adopted. He spoke against speculating the possibility of a subdivision on the adjacent property, but asked that the possible subdivision of the subject property be considered in the alternative analysis. He asked that in the paragraph beginning with "Finally we would like to participate" the word "development" be replaced with "second review team." He suggested the letter be sent to Santa Rosa and copied to the Willits office.

Director Monteleone spoke against asking for fire protection measures, as that request assumes that the THP will go forward. She asked that the emphases focus on the location. Director Whitney pointed out that the letter does not request denial of the THP, and he spoke against doing so.

Director Orth pointed out the positive aspect of the THP is that it would accomplish mitigation measures needed as a result of past timber plans. He asked that specific language be included in the letter about the threaten and impaired watershed designation, that CDF be given authority to declare certain days of no activity, based on weather conditions, and that manual removal of hazards be utilized, not the use of applied chemicals in the watershed. He also asked that the written materials provided by Bill Barksdale be attached to the Board's comments.

Director Monteleone moved to approve both letters, as amended, and to authorize the General Manager and one Board member to attend the second review team meeting. The motion was seconded, and passed unanimously.

A break was called at 10:16 p.m. Director Monteleone left the meeting.

5. CONTINUED DISCUSSION OF A REVISED TAX FOR FIRE PROTECTION AND PREVENTION

General Manager Chapman provided a review of the two alternatives, based on different levels of staffing and tax rates.

Director Whitney spoke in favor of a rate structure that would keep the fire fund and the fire department operations in the black for a ten year period, and of having a review of the tax every ten years.

Director of Emergency Services, Daryl Schoeppner, came forward and stressed the need to raise revenues to sufficiently fund the department, including addition of a fire prevention officer. He stated his opinion that vacant lot owners are putting the residents in the greatest danger, and recommended a 10% differential in the increase.

Director Venturi spoke against raising the tax to $60 and $40, as it would result in the department remaining in the red for three to four years. He agreed that the tax should be raised enough to get the department back into the black.

Director Whitney asked that revised alternatives be based on a staff of two and a half billits. He spoke in favor of an equal tax rate for all property owners, as opposed to different rates for improved and unimproved parcels. He asked that there be clear justification for the amount of the tax, by providing a valid accounting of the costs and services provided.

President Estabrook spoke against an equal tax. He pointed out additional services are provided to residents, such as emergency medical response and structure protection.

General Manager Chapman agreed to provide revised alternatives for the next meeting.

Ginger Pohlson came forward and stressed the need to educate the public that they are voting to support the ambulance and the fire abatement program. She felt that the increase should be equal to vacant and improved lots, and that it should include a cost of living increase, such as the annual increase charged by the County, to prevent having to go back to the voters in five or ten years.

Director Whitney moved to continue the meeting to 11:15 p.m, seconded by President Estabrook. A vote was taken which passed unanimously.

6. OPTIONS TO ENFORCE THE SUMMER FIRE ABATEMENT PROGRAM, INCLUDING THE POSSIBILITY OF ESTABLISHING A VOLUNTEER INSPECTION PROGRAM

Director Whitney asked that the words "Grass Lots" be struck from the title of the proposed public notice and replaced with "Phase I Vegetation Management Standards." He spoke in favor of abating 100% of all lots in the District, as outlined in the April 30th letter which was mailed to all owners of property in Brooktrails. He expressed frustration that policy was set, and the letter was sent out with no program to support it.

Director of Emergency Services, Daryl Schoeppner, commented that he did not think it would be feasible to enforce abatement of 6,000 lots by the middle of August. He did feel that the letter has educated the public about the fact that the District takes a dim view of those property owners that do not take care of their lots. He pointed out that compliance had doubled since the previous year.

Director Venturi reminded Board members that he had previously voiced concern that lack of enforcement of the program this year would result in an increase of noncompliance in the future.

Director Whitney proposed going ahead with his volunteer program on a trial basis.

Mr. Schoeppner voiced concern that the program would be too arbitrary.

Ginger Pohlson suggested using the volunteer firefighters as a part of the training program, and offering them stipend pay. She also spoke against private citizens writing up lots, and suggested having the Utilities staff, when they read the water meters, report lots that are obviously a problem. She pointed out that lots that have been cleared of small tress and underbrush need to be abated every four years, and suggested putting the program on a rotating basis.

President Estabrook pointed out the merit of Director Whitney's concerns, but also spoke against private citizens writing up lots. He suggested using a volunteer force to identify lots of concern as a way to allow the Director of Emergency Services to utilize his time more efficiently.

Noting that fire fighters and EMT's are volunteers, Director Whitney stated his opinion that a staff of properly trained volunteers under the supervision of the Director of Emergency Services could effectively be objective and do the same type of job previously done by a Fire Marshall. He voiced concern that the administration and the Director of Emergency Services were stalling the process, because they believed that 100% abatement was too big of a job.

Director Orth asked that the Board not loose perspective of the fact that Marty Watenberger, former Division Chief of CDF, complimented the District on its abatement program. He also voiced concern about the expense involved to implement a 100% abatement program.

Mr. Schoeppner assured the Board that he would be willing to implement any program that was adopted.

7. CONSIDERATION OF AWARD OF CONTRACT TO ABATE 55 LOTS OF PUBLIC NUISANCES (WEEDS, GRASSES AND OTHER COMBUSTIBLE VEGETATION)

General Manager Chapman briefly reviewed the results of the bidding process, noting that only six lots will be carried over to the next cycle.

Director Venturi made a motion to award contract to Thompson Timber Contracting, Marvins Garden and O.A.K. Farms, based the lowest bid for each lot. The motion was seconded by Director Orth and passed unanimously by the members present.

8. SELECTION OF ACCOUNTING FIRM TO PROVIDE ANNUAL AUDIT AND MANAGEMENT REPORT

General Manager Chapman reported that he had researched the terminology of a "Federal Single Audit" and the "State Controller's Minimum Audit" and was assured that the latter was appropriate, as the District does not received more than $300,000 in federal awards per fiscal year.

Director Whitney moved to appoint Robert Hubik, C.P.A. as District Auditor for a three year term. The motion was seconded by Director Venturi and passed unanimously by the members present.

9. CONSIDERATION OF A RESOLUTION SETTING THE ANNUAL APPROPRIATIONS LIMIT PURSUANT TO ARTICLE 13A OF THE STATE CONSTITUTION

Deferred.

10. DISCUSSION OF TOPICS AND DATE FOR NEXT FOCUS MEETING

Deferred.

I. SPECIAL REPORTS - GENERAL MANAGER

i. Significant Correspondence received since last meeting:

A letter was received from Mendocino Coast District Hospital requesting they be given the opportunity to participate in a collaborative process with the other special districts in the County in the development of an alternate methodology for the allocation of the LAFCO annual budget.

Director Orth reported that a meeting will be scheduled with the other special districts to come up with a proposal. Director Venturi made a motion to appoint Director Orth to participate in the meeting. The motion was seconded by President Estabrook and passed unanimously by the members present.

J. PUBLIC COMMENTS

None

K. ADJOURNMENT

Director Orth moved to adjourn and President Estabrook declared the meeting of June 12, 2001 closed at 11:27 p.m.

MICHAEL V. CHAPMAN

Secretary to the Board of Directors

RICHARD ESTABROOK,

President