MINUTES

President Estabrook reported that the Board had just come out of closed session where they gave direction to Real Estate Negotiator Mike Chapman with regards to property in sections 28 and 29. They also gave direction to Labor Negotiator Mike Chapman, and gave direction to Legal Counsel concerning existing litigation.

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 Monteleone reported on the progress of the upcoming newsletter and asked that any articles be submitted by the end of the month.

D. MINUTES OF PREVIOUS MEETINGS

May 22, 2001

Director Monteleone asked that on page 3163 the phrase "at the earliest possible date" be added to the last sentence of the third paragraph.

President Estabrook asked that on page 3159, in the sixth paragraph of item 3, the phrase "a golf tax, or formation of a greater Willits area Recreational District" be added at the end of the second to the last sentence after "including the lease concept."

Director Orth moved to approve the minutes of May 22, 2001 as amended, seconded by Director Whitney. A vote was taken as follows:

AYES: Directors: Whitney, Monteleone, Orth, Estabrook

NOES: Directors: None

ABSENT: Directors: None

ABSTAIN: Directors: Venturi

Motion Carried.

June 12, 2001

Deferred.

E. SPECIAL PRESENTATION

None

F. PUBLIC HEARING - HEARING ON WATER AVAILABILITY CHARGES

President Estabrook noted that one letter had been received which would be considered at the end of the public hearing.

Director Whitney commented that he would be available to assist District staff in reconciling the maps showing the water district and the sewer district with the report which is sent to the County.

President Estabrook opened the public hearing at 7:20 p.m. Hearing no protests to the water availability charge, he closed the public hearing at 7:21 p.m.

A letter was received from John McGowen, who claimed that his property which is identified by three Assessor's Parcel Numbers is actually one legal parcel.

Director Whitney commented that Mr. McGowen is the President of the County Planning Commission, and provided a description of the location of the property, noting that the zoning of the parcels is FL, Forest Land. He suggested the matter be investigated.

General Manager Chapman commented that in his letter he asked Mr. Gowen to provide some type of documentation to support his claim, which he had not done. President Estabrook noted that Mr. McGowen was not present in the audience. Director Whitney suggested Mr. McGowen be informed about the lot merger program.

Director Venturi spoke against considering Mr. McGowen's request until documentation is provided, as per the letter from General Manager Chapman.

District Counsel Neary suggested adopting the report without prejudice to refunding any overcharges for this year. Director Orth stated "So Moved." The motion was seconded by Director Whitney and passed unanimously.

PUBLIC HEARING - HEARING ON SEWER STANDBY CHARGES

Director Whitney asked staff to verify that all lots within 300 feet of the main sewer line were paying the sewer standby charge, as requested by President Estabrook. Director Orth stated his preference that the GIS system be in place prior to expending staff time on the project.

President Estabrook opened the public hearing at 7:29 p.m. Hearing no protests to the sewer standby charge, he closed the public hearing at 7:30 p.m. He clarified that there would be no impact on Mr. McGowen, as only one of the three lots in question pays the sewer standby charge.

Director Orth moved to adopt the report on sewer standby fees. The motion was seconded by Director Whitney and passed unanimously.

G. PUBLIC COMMENTS

Director of Emergency Services, Daryl Schoeppner, reported on a structure fire that had occurred on Lilac Circle. He thanked the members of the Neighborhood Emergency Services Team (NEST) for their assistance, as they brought in food and cold drinks for the firefighters.

H. ACTION AGENDA

4. CONSIDERATION OF PROPOSED ORDINANCE DETERMINING AND PROVIDING FOR ADOPTION OF REVISED TAX FOR FIRE PROTECTION AND PREVENTION

General Manager Chapman provided spreadsheets demonstrating the cash flow and fund balance based on three different alternatives.

In response to questions from Director Venturi, General Manager Chapman explained that in both Alternatives A and B the fund balance would become positive after year three. He pointed out that additional staffing for the Fire Department had been included in the analysis.

Director Monteleone voiced agreement with Director Whitney's comment at the previous meeting that vacant lots should pay a tax equal to the tax paid by improved lots. She also agreed with Mr. Schoeppner's statement that the absentee owners put the District in the greatest danger, which she felt necessitated the hiring of a full-time Fire Prevention Officer.

She provided two other alternatives which she felt would more easily pass, and generate more revenue than either of the options presented by the General Manager. Option "D" would raise the tax to $55 per year, vacant or improved, and result in total revenue in year two of $332,515, $14,000 higher that "B". This would raise the tax for improved parcels by only $10 per year, and would result in vacant lot owners paying more of what she considered to be their fair share. Option "E" would raise the vacant lot tax to $50 and the improved lots tax to $60, and would bring in $334,540. This would increase the tax on improved parcels by only $15 per year, and increase the tax for vacant lots by $30.

Director Whitney spoke in favor of the $50/$60 option presented by Director Monteleone. He asked that a cost analysis be done on that basis, and spoke in favor of deferring the ballot measure to the March election.

Noting that absentee owners are not registered to vote in the District, and therefore do not have representation, Director Venturi spoke against a larger increase for vacant lots.

Director Orth spoke in favor of a 10% differential between the vacant and improved lots, and agreed to support Director Monteleone's $50/$60 option. He also agreed that the March election would be more appropriate.

President Estabrook pointed out that residents are usually more responsible in taking care of their property, and agreed with the justification for raising the vacant lot fee by a greater percentage.

Daryl Schoeppner came forward and voiced agreement with proposal to place the ballot measure on the March ballot.

David Turenne, of Perch Drive, cautioned the Board members about allowing absentee property owners to control how the residents live, and spoke in favor of an equal tax of $55 each.

Kris Wagner pointed out that at any rate, the fire protection is a bargain. She reminded the Board members about the topics brought out at the focus meeting, such as lower insurance rates.

Director Orth made a motion to defer the fire tax ballot measure to the March election and that the two options presented by Director Monteleone be studied. The motion was seconded by Director Monteleone. Director Whitney asked that an analysis of the costs be provided, as well. Director Orth agreed to amend his motion, and Director Monteleone amended her second. A vote was then taken which passed unanimously.

5. CONTINUED DISCUSSION OF OPTIONS TO ENFORCE THE SUMMER FIRE ABATEMENT PROGRAM

General Manager Chapman provided three options for the Board to consider, and asked that they give direction to staff as to the use of volunteers in the hazard abatement program.

Director Whitney indicated his support of option number one, having our fire department and CDF personnel determine the lots that are out of compliance.

Director Monteleone indicated her support for option number three, utilizing volunteer citizens trained by our fire department to flag the lots suspected to be out of compliance, with our fire department and CDF personnel making the final determination. She commented that concern about liability issues and funding could be used as an excuse to do nothing, and believed that there are volunteers ready and willing to assist with the program.

Director Venturi spoke in favor of option one, and reiterated concern about the liability issue of using volunteers, noting that those concerns are not an excuse, but a fact of life. In response to his inquiry, Director of Emergency Services, Daryl Schoeppner, outlined the costs that would be incurred in the training of volunteers. Director Venturi voiced concern about accruing additional expenses with the current negative balance in the Fire Fund, and commented that the program was actually the Fire Department staff responsibility. He asked Mr. Schoeppner about the availability of CDF assistance.

Mr. Schoeppner outlined the services that could be expected from CDF, noting that their availability is limited during the fire season. He asked for specific direction from the Board as to what tasks they want the fire department to complete during the program. Director Venturi suggested that the Board identify specific areas to focus on each year. Mr. Schoeppner pointed out that the District is already divided into sections for evacuation, and those boundaries could also be used as abatement areas.

Director Orth spoke in favor of option one, but also supported option three in concept, once the fire tax measure is passed and additional funding is available for a full-time Fire Prevention Officer to lead the program. He stressed the need to balance our concern for safety with the preservation of the wildlife habitat, but asked that extra consideration be given during high-fire danger years for areas where kids play.

President Estabrook pointed out that CDF complimented the District on its efforts, and suggested the District continue to move forward with its abatement program. He noted that the letter sent out by General Manager Chapman was very effective resulting in increased compliance. He suggested the Board authorize the use of a volunteer force, if the Director of Emergency Services deemed it necessary to meet a reasonable goal.

Director Monteleone voiced concern about continuing with the "status quo" after mailing out an enthusiastic letter and receiving offers of assistance from volunteers. She asked that Mr. Schoeppner put some type of program together, and suggested that B.P.O.A. may be willing to contribute to the costs of the program, such as paying for tee-shirts to distinguish the volunteers.

General Manager Chapman reiterated his commitment to compliance with the Phase I Vegetation Management Standards, as outlined in the April 30th letter. Noting that those standards are adopted Board policy, he read them aloud as follows, "Phase I Vegetation Management Standards will require the following: Grass and weeds must be cut and maintained at 3" or less; all downed trees and tree limbs must be removed from the parcel; combustible material must be kept a minimum of 10 feet away from LP gas tanks; roofs of any structure must be maintained free of leaves, needles or small branches; maintain tree(s) adjacent to, or overhanging the structure, free of dead wood." He asked Mr. Schoeppner to send notices to property owners in historic fire areas, such as Madrone, and to use his best judgement as to which other areas to focus on. He reported that an ad had been placed in the help wanted section of the Willits News to assist staff in the development a list of contractors willing to work with property owners.

Director Whitney made a motion to support option one as the primary option. However, he asked that it be noted that the District is implementing a new program, and encouraged utilization of auxiliary fire fighters to expand the program. He also asked that 100% of the flash fuel, or grass lots, that Mr. Schoeppner feels should be written up, get abated. He also asked that Mr. Schoeppner determine how the volunteer program could best be implemented to assist during the summer fire season. The motion was seconded by Director Monteleone.

Warren Miller pointed out that a lot can not be evaluated property on a drive-by basis. He also asked the Board to consider which means of transportation would be used by volunteers. He spoke in favor of having a full-time Fire Prevention Officer, pointing out that the abatement program is a year-round effort.

Kris Wagner offered suggestions of groups that are ready to volunteer, such as the Trail Club, Adopt-a-Road, and Neighborhood Watch. She suggested a "fire watch" article be included in the newsletter inviting people to report areas of concern.

Ginger Pohlson spoke in favor of developing a list of grass lots that need to be abated each year, and sending them an annual notice. She suggested a four-year rotating schedule be developed for the wooded lots in the District.

Director Venturi asked if the volunteers used in the summer would be the volunteer fire fighters. Mr. Schoeppner commented that the fire fighters may be somewhat overextended. Director Venturi asked for clarification of the training that would be required for a summer fire fighter that would just respond to grass fires. Mr. Schoeppner clarified that the abatement volunteers would not be responding to fires. Director Venturi voiced concern that Director Whitney's motion, as stated, was too broad. Director Whitney amended his motion to clarify that the volunteers would assist only with fire prevention, not fire fighting. Director Monteleone amended her second.

Director Monteleone asked Mr. Schoeppner for his assurance that, if the motion on the floor were to pass, that he would not "shelf the effort", to which Mr. Schoeppner responded "absolutely not." She spoke in favor of holding training sessions to provide direction to contractors who will doing abatement work. Director Orth suggested the next newsletter contain an article on how to abate a lot. Director Monteleone asked Mr. Schoeppner for his assistance with the article.

After a brief question and answer session with Mr. Schoeppner, a vote was taken on the motion which passed unanimously.

Board members agreed to consider item number ten on the agenda to accommodate Mr. May and his attorney, who were present in the audience.

10. CONSIDERATION OF A REQUEST FOR REHEARING THE BOARD'S DENIAL OF A WATER METER AND SEWER SERVICE TO LACE MAY JR. AT 2751 BUCKEYE ROAD

District Counsel Neary provided a review of the discussion at the May 8th meeting, noting that Mr. May did not introduce any new information at that time. He commented that since then Mr. May has retained an attorney to represent him, Tom Johnson of Ukiah, and they are requesting a rehearing to present their case to the Board. He strongly urged the Board to grant their request, as there is very skimpy record of that hearing, and because Mr. Johnson had pointed out a potential problem with a notice that was given to Mr. May.

Mr. Johnson came forward and requested an opportunity to present additional information to the Board which was not presented before, as Mr. May was unrepresented.

Director Whitney moved to approve the request for a rehearing of the matter. The motion was seconded by Director Orth.

Director Monteleone asked for clarification of the notice problem. District Counsel Neary explained that the May 9, 2001 letter to Mr. May did not include the notice of Right of Appeal, as stated on the agenda.

Hearing no other comments, President Estabrook called for a vote on the motion which passed unanimously. He stated that the rehearing would be scheduled for July.

David Turenne asked for time to speak about item number 5, as he was unaware that the Board had already discussed the matter. Board members agreed to allow him to speak.

Mr. Turenne presented copies of a letter he had written voicing concern about the fire hazard in the Greenbelt. He asked the Board to consider the whole forest, and suggested allowing logging companies to cut dead, downed, and diseased trees within the Greenbelt. He noted that as a part of that activity, brush clearing and fire hazard abatement would be accomplished. He felt that this would ease the burden on the private property owners, and eliminate the need for the hazard abatement program.

Director Whitney commented that agenda item number 9 would be a discussion of the next focus meeting, the topic of which would be forest management in the Greenbelt.

Director Orth commented that the Greenbelt is CDF responsibility area, and their crews had cleared more tonnage of fuel from the Greenbelt than had been removed as a result of the hazard abatement program. He informed him of the grant money obtained by CDF, and stressed the need to insure that proper environment standards are adhered to, to avoid unanticipated impacts.

6. CONSIDERATION OF A RESOLUTION ADOPTING THE FINAL BUDGET FOR FISCAL YEAR 2001-2002

General Manager Chapman reviewed the changes made to the budget as a result of Board discussion at the June 12th meeting.

Director Venturi moved to adopt Resolution No. 2001-11, a Resolution Adopting the Final Budget for Fiscal Year 2001-2002. The motion was seconded by Director Orth.

Director Whitney expressed his appreciation to General Manager Chapman for putting the budget together, and doing an excellent job. He noted the dramatic improvement in the information available to the Board. Director Monteleone concurred.

A vote was then taken on the motion as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 2001-11 Adopted.

General Manager Chapman voiced his appreciation to the Finance Committee for their assistance.

Director Whitney made a motion to formally thank the members of the Finance Committee for their assistance to the new General Manager in preparing the budget for the fiscal year. The motion was seconded by Director Orth and passed unanimously.

7. APPROVAL OF PROPOSED SCHEDULE FOR AMENDMENT TO PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) AGREEMENT

General Manager Chapman noted that this was related to the closed session item relating to labor negotiations. He reported that the effective date of the amendment was a year away.

Director Whitney made a motion to conditionally approve the schedule, subject to the understanding that the Board is not obligated to adopt the final resolution. Director Orth seconded the motion. A vote was taken which passed unanimously.

Routine Items

8a. CONSIDERATION OF A RESOLUTION ESTABLISHING SALARY, WAGE, FRINGE BENEFIT PLAN AND FEE SCHEDULE FOR ALL EMPLOYEES AND OFFICERS OF THE DISTRICT, EFFECTIVE JULY 1, 2001.

8b. CONSIDERATION OF A RESOLUTION SETTING THE ANNUAL APPROPRIATIONS LIMIT PURSUANT TO ARTICLE 13A OF THE STATE CONSTITUTION.

8C. CONSIDERATION OF A RESOLUTION APPROVING BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT TO APPLY FOR GRANT FUNDS

General Manager Chapman commented that item 8a was in conformance with the existing agreement with the employees. He called attention to item 1c of the existing agreement relating to the amount of the increase.

President Estabrook called for a motion to adopt Resolution No. 2001-12, a Resolution Establishing a Salary, Wage, Fringe Benefit Plan and Fee Schedule for all Employees, Retirees, and Officers of the District and Providing for Adjustment Thereof on July 1, 2001; Resolution No. 2001-13, a Resolution Establishing the Annual Tax Appropriations Limit for Fiscal Year 2001-2002; and Resolution No. 2001-14, Resolution Approving Brooktrails Township Community Services District to Apply for Grant Funds For the Robert-Z'berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. Director Orth stated "So moved." The motion was seconded by Director Venturi, and the vote was taken as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolutions No. 2001-12, 2001-13, and 2001-14 Adopted.

9. DISCUSSION OF TOPICS AND DATE FOR NEXT FOCUS MEETING.

Director Whitney asked that a focus meeting be scheduled to discuss management of the Greenbelt, including water quality, recreation, fire, wildlife, forest health, etc. He suggested inviting experts in scientific and biological fields to attend, in a workshop setting, as well as members of the trail club. The Board members concurred to hold a future agenda item before the focus meeting to discuss topics and speakers. Director Whitney asked that the meeting be titled "Greenbelt Management."

The Board members agreed to schedule the meeting for September 4th.

11. CONSIDERATION OF A DRAFT LETTER TO FRANK LYNCH, COUNTY PLANNING DEPARTMENT, STATING THE BOARD'S FORMAL POSITION ON THE USE PERMIT APPLICATION FOR THE BROOKTRAILS LODGE

General Manager Chapman reported on a recent conversation with Frank Lynch, Supervising Planner with the County of Mendocino. Mr. Lynch requested comments from the Board to include in his report which will be presented at a hearing on the matter set for Thursday, August 9th. A draft letter was prepared by General Manager Chapman for the Board's consideration, which had been edited by both President Estabrook and Director Whitney. President Estabrook asked the Board members to read through the draft letters, which were provided as items related to the agenda, and to provide comments.

Director Orth supported the letter as edited by Director Whitney, and stated his approval of the format of the letter.

Director Whitney stressed the fact that the Specific Plan is an amendment to the County's

General Plan passed by the Board of Supervisors, and pointed out the unnecessary expense incurred by the property owner because of the County not adhering to their own General Plan. He stressed the importance of scheduling a workshop with the County Planning Department staff so that they aware that they are required to uphold those provisions.

President Estabrook questioned the statement in item number three concerning the change of use triggering compliance to the Utilities Ordinance, as the provisions of Ordinance 116 deal with zoning as opposed to use. Director Whitney agreed that the statement should be looked at for both grammar and accuracy.

Bill Jack questioned the appropriateness of the suggested implementation of Redevelopment Policy LU-4.2C.

Director Orth made a motion that the ad-hoc committee meet with the General Manager to finalize the letter, based on the draft letter from Director Whitney, and that it be reviewed by District Counsel Neary. Director Venturi seconded the motion, which passed unanimously.

I. SPECIAL REPORTS - GENERAL MANAGER

iv. Planning

Director Orth provided an update on the LAFCO budget issue.

vi. Other

Board members reviewed a report of outstanding Requests for Action.

J. PUBLIC COMMENTS

Ginger Pohlson commented that the District needs a long term plan for maintenance in the Greenbelt, and urged them to include funding in the fire tax measure.

K. ADJOURNMENT

Director Orth moved to adjourn and President Estabrook declared the meeting of June 26, 2001 closed at 10:06 p.m.

MICHAEL V. CHAPMAN

Secretary to the Board of Directors

RICHARD ESTABROOK,

President