MINUTES

REPORT ON CLOSED SESSION

President Estabrook reported that the Board had held a closed session concerning anticipated litigation, and had authorized Counsel to take legal action.

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 the order of items four and five be switched, and that item seven be heard first, to accommodate the representative from the City of Willits. No objections were raised by the Board members. He also moved that an urgency item be added to the end of the agenda to address illegal work being done on Lilac. The motion was seconded by Director Orth, and passed unanimously.

D. MINUTES OF PREVIOUS MEETINGS

February 20, 2001

Director Orth moved to approve the minutes of February 20, 2001 as written, seconded by Director Venturi. Motion was passed unanimously.

February 24, 2001

Director Whitney asked that the phrase "as a part of each five-year review of the Specific Plan" be struck from the first sentence of the third paragraph on page 3119.

Director Orth commented that he did not recall suggesting that "a licensed engineer be retained to conduct the foundation inspection," as stated on page 3120, in item six. Director Monteleone recalled that she had actually made the suggestion, and with reference to the itemized list on page 3121, clarified that the service would be contracted out. Director Orth proposed that the sentence read "Director Monteleone suggested a licensed engineer be retained to conduct the foundation inspection, when called by the District." Director Monteleone asked that the phrase "the cost of which would be covered by the property owner" be added to the end of the sentence.

Director Orth moved to approve the minutes of February 24, 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

February 27, 2001

President Estabrook asked that a sentence be added at the bottom of page 3125 as follows "President Estabrook requested clarification whether all lots within 300 feet of a sewer main are in the sewer district."

Director Orth moved to approve the minutes of February 27, 2001 as amended, seconded by Director Venturi. Motion was passed unanimously.

March 13, 2001

Director Venturi moved to approve the minutes of March 13, 2001 as written, seconded by Director Monteleone. Motion was passed unanimously.

E. SPECIAL PRESENTATION - None

F. PUBLIC HEARING - None

G. PUBLIC COMMENTS

Art Ecke of Padula Drive voiced concern about R2 zoning in the Padula Drive area and asked the Board to work with the County to change the zoning.

Director Orth updated Mr. Ecke on the recent airport zoning limitations. District Counsel Neary provided information on the rezoning process.

Director Whitney asked that a future agenda item be scheduled to discuss rezoning of several areas within the District.

H. ACTION AGENDA

7. CONSIDERATION OF A RESPONSE TO THE NOTICE OF PREPARATION FOR A DRAFT EIS/EIR FROM THE CITY OF WILLITS FOR ITS LONG TERM WASTEWATER TREATMENT PROJECT

Larry Moran, Utilities Director for the City of Willits, came forward to answer questions from the Board and audience.

A brief question and answer session ensued, during which Mr. Moran explained the City's objectives regarding its Long Term Wastewater Treatment Project, noting that the existing plant is facing obsolescence.

Mr. Moran explained the process of "trenchless technology" used to line the sewer pipes with plastic pipe to reduce infiltration into the system. Director Whitney suggested the District consider a similar project to reduce its flow.

Director Whitney provided a draft letter for the Board's consideration, which he proposed sending to the City of Willits in response to the Notice of Preparation for a Draft EIR/EIS on the proposed project.

President Estabrook asked that more research be done on infiltration, and suggested striking the second paragraph. In response to his concerns, District Counsel Neary clarified that the District would not be subject to California Environment Quality Act (CEQA) because, under the Sewer Agreement, the responsibility lies with the City.

Director Orth asked that the letter state the need for the General Manager to actively participate in the planning process of the project. He also asked that future agenda items be scheduled for Board discussion of the other matters.

Director Venturi suggested keeping just the first and last paragraphs.

Director Monteleone asked for clarification of the terms of the sewer agreement relating to the ownership of capacity and ownership of land. District Counsel Neary answered her concerns.

Director Whitney pointed out that this is the District's opportunity to ask the City to amend the project to incorporate the additional considerations and militations outlined in paragraphs two and three.

President Estabrook suggested sending just the first paragraph in a letter to the City Manager at this time, and discussing specific comments on the Notice of Preparation for a Draft EIR/EIS at the April 10th meeting.

Director Venturi made a motion to send a letter, just the first paragraph, to notify the City that the District does want to be involved, and that another letter be sent at a later date with comments on the Notice of Preparation for a Draft EIR/EIS. The motion was seconded by Director Whitney. Director Orth asked that the word "involved" be changed to "represented" in last sentence of the first paragraph. Directors Venturi and Whitney agreed to the change.

In response to questions from General Manager Chapman, Mr. Moran answered questions concerning the cost and process to reline pipe.

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

2. CONSIDERATION OF A RESOLUTION ESTABLISHING A POLICY ADDRESSING AMBULANCE BILLING AND WRITING OFF UNCOLLECTIBLE AMBULANCE REVENUES.

General Manager Chapman commented that all changes requested by the Board at the February 13th meeting had been incorporated into the revised Resolution.

Director Monteleone asked that item three of Exhibit A, be reworded as follows: "Upon denial of a claim or a portion of a claim by the insurance provider, or upon written notification from same that a service will only be reimbursed for a certain amount, the invoice may be adjusted, at the discretion of the General Manager, to reflect the amount that is reasonably expected to be collected. The General Manager, upon advisement from the Director of Emergency Services, or his appointed staff responsible for medical billing, shall make this decision."

She asked that the last sentence of paragraph four be separated into two sentences and reworded as follows "Should Brooktrails not be paid within one hundred twenty (120) days from the first due date, the General Manager may, at his discretion, offer a 20% discount if the balance is paid in full within 30 days. Thereafter the responsibility for collection shall be transferred to Brooktrails Township's appointed collection agency by the General Manager."

She also asked that a sentence be added to paragraph five as follows "At this stage, the 20% discount is forfeited and the 10% late charge is reinstated." Director Venturi suggested that "Upon referral to the collection agency" be used as opposed to "At this stage."

Director Whitney moved to adopt Resolution No. 2001-1, a Resolution Establishing a Policy Addressing Ambulance Billing and Writing Off Uncollectible Ambulance Revenues, as amended. The motion was seconded by Director Orth and a vote was taken as follows:

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

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 2001-1 Adopted.

3. CONSIDERATION OF RESOLUTION DECLARING EXISTENCE OF A PUBLIC NUISANCE BECAUSE OF WEEDS, GRASSES, AND OTHER COMBUSTIBLE VEGETATION ON CERTAIN PRIVATE PARCELS WITHIN THE DISTRICT

Director Venturi moved to adopt Resolution No. 2001-2, A Resolution Declaring Existence of a Public Nuisance Because of Weeds, Grasses, and Other Combustible Vegetation on Certain Private Parcels Within the District. Director Orth seconded the motion, asking for clarification of the unfinished work at the Lodge.

Noting the large number of out-of-area property owners on the Board List, Director Monteleone suggested sending them information on the Lot Merger and Donation Programs.

Director Whitney asked the Director of Emergency Services to personally contact the people with improved properties to assure that they are aware of the requirements.

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

NOES: Directors: None

ABSENT: Directors: None

Resolution No. 2001-2 Adopted.

5. FURTHER CONSIDERATION OF THE REVISED FIRE ABATEMENT PROGRAM

General Manager Chapman briefly reviewed the issues addressed in the staff report. President Estabrook provided an alternative letter to property owners for the Board's consideration.

Director Monteleone expressed appreciation to the General Manager for all of his work. She stated that she was confused about the July 1st "default" date. General Manger Chapman explained that the default date was proposed before he was made aware of the public hearing process mandated by Ordinance 98.

With regards to the draft letter to Spring Creek and Sylvandale property owners, she asked that the word "firemen" be changed to "firefighters" in the last paragraph. She asked President Estabrook to clarify the July 24th compliance date referenced in his proposed letter. He explained that his intent was to provide additional time for the Fire Department to inspect and notify property owners found not to be in compliance.

With regards to the draft letter to Brooktrails Township property owners, she asked for the following changes under "Compliance Steps"; the phrase "as described in the attachment" be added at the end of item one, in item two the word "On" be changed to "Beginning," in item four, state a date after "no later than" and add the phrase "if a re-inspection was necessary" after "There will be a $20 charge to obtain a compliance certificate." In item five, add at the beginning of the sentence, "If you are out of compliance and you do not respond to our notices, by" and state a certain date. She also pointed out that the word "cumulative" in the second to the last sentence of the letter should be "cumulatively."

Director Whitney suggested sending the CDF brochure "Fire Safe - Inside and Out" to every improved parcel in the Fire District, and the Fire Department's Vegetation Management Standards to all parcels in the Subdivision. He commented that he thought a thirty-day notice would be adequate, adding that May and June were good months to do the work.

Director Orth reminded his fellow Board members that the Fire Department is underfunded and understaffed, and stressed the need to pass an increase to the Fire Tax to provide funds for a full-time Fire Prevention Officer. He suggested that the District develop its own brochure to send to residents of Brooktrails. He stated his opinion that the high fire danger begins in August, as opposed to July, which provides ample time for the hearing process.

Director of Emergency Services, Daryl Schoeppner, took the podium and explained that the current program has been in place for twelve to fifteen years. He voiced concern that a letter to all property owners may not be appropriate, as only 350 to 400 lots are written up each year, with approximately 125 of those not in compliance by the deadline date for abatement. He spoke against changing the existing program, and voiced concern that the compliance dates were too early, which may result in regrowth. He was also concerned that the few available contractors will be unable to complete the work on time, and refuse to contract on any of the lots. He also stressed the need to pass an increase to the Fire Tax to provide funds for a full-time Fire Prevention Officer.

Director Whitney spoke in favor of sending the notice to all property owners, but agreed that the compliance dates may be too early. He voiced concern that the proposed letter may be too confrontational.

President Estabrook commented that the procedure needs to be clarified, and voiced concern that the time frame proposed was too tight. He approved the way the wooded lots have been handled in the past, and proposed addressing just the grass, weeds, and downed trees and limbs with this process.

Director Venturi agreed with Mr. Schoeppner that there is only a few available contractors in the area, noting that in the past only 50% of the lots were bid on. He voiced concern that lack of enforcement of the program this year would result in an increase of noncompliance in the future. He also spoke strongly in favor of putting the tax measure on the November ballot.

General Manager Chapman stated his preference to set a "default date" as opposed to going through the public hearing process, and asked Counsel to clarify the options.

District Counsel Neary explained that a public agency must abide by the provisions of the constitution which mandates that no governmental action can be taken without notification and opportunity to be heard. The State Legislature has set the ten-day notification provision for fire abatement programs.

Jack Cunningham, of Ridge Road, voiced concern about early compliance dates and the lack of licensed contractors. Ginger Pohlson, of Brooktrails Drive, spoke in favor of increasing the fire tax and spoke against awarding the contracts on a lot-by-lot basis. She offered suggestion as to how to attract additional contractors, and pointed out that according to Resolution No. 2000-32 the current rate for fire inspection is $36.20. She agreed with the proposal to mail a letter to all property owners, and suggested the tone of the letter be in the manner of a compliment for a successful program in the past.

Director Whitney spoke in favor of other funds subsidizing the Fire Department, and asked for a projection of the cost of a seasonal Fire Prevention Officer.

President Estabrook summarized the direction to the General Manager as follows; send a letter to all property owners, get input from staff, the tone of the letter should be less confrontational, include compliance dates, focus on grass, weeds, downed trees and limbs, more realistic time frames, and ensure the process is outlined in a clear and objective manner. He asked that the letter be brought back at the next meeting.

4. CONTINUED REVIEW OF REVISED SITE DEVELOPMENT STANDARDS PACKET

President Estabrook suggested deferring the matter to the next Board meeting. No objections were raised by the Board members.

Director Whitney asked that the complete packet be provided, including the application form, which he felt needed to be revised to comply with the new regulations.

6. CONSIDERATION OF SCHEDULING A SPECIAL MEETING TO REVIEW PRELIMINARY FISCAL YEAR 2001/2002 BUDGET

Board members agreed to meet on Saturday, April 21, 2001 with the Finance Committee for a Budget workshop.

8. DISCUSSION OF ILLEGAL WORK BEING DONE ON LILAC ROAD

President Estabrook advocated moving forward to declare the existence of a public nuisance on property owned by Henry Grishaber on Lilac Road.

Director Whitney provided a description of the illegal grading that had been done by Mr. Grishaber, noting that he had dumped a large amount of soil in the watershed within the Greenbelt across the road.

District Counsel suggested that the Board refer the matter to him and the General Manager to research the legal options available. Board members agreed to do so.

General Manager Chapman commented that the Department of Fish and Game had been notified and had referred the matter to the Game Warden.

I. SPECIAL REPORTS - GENERAL MANAGER

i. Significant Correspondence received since last meeting:

a) A letter was received from Julie Price at Department of Planning and Building concerning Brooktrails Lodge motel conversion to Senior-assisted efficiency units. President Estabrook suggested the Board meet with the County staff to voice their concerns.

ii. Personnel

iii. Finance

iv. Planning

General Manager Chapman reviewed the Request for Action report. Director Monteleone provided additional information on the mulch proposed for use around the tennis courts.

With regards to the corner of Primrose and Clover, Director Whitney suggested using downed tan oaks for barriers within the public right-of-way along the road. He reminded the Board members that the County Department of Transportation authorized the District to deal with the problem in a previous letter to the General Manager.

General Manager Chapman updated the Board on the Propane Alliance proposal which had been referred to the BPOA.

v. Possible upcoming agenda items

vi. Other

J. PUBLIC COMMENTS - None

K. ADJOURNMENT

Director Orth moved to adjourn and President Estabrook declared the meeting of March 27, 2001 closed at 10:40 p.m.

MICHAEL V. CHAPMAN

Secretary to the Board of Directors

RICHARD ESTABROOK,

President