MINUTES

President Estabrook stated that the action taken in closed session at prior meetings may have not been properly reported, and clarified that on October 3, 2001 the Board had extended the contract with the Director of Emergency Services to April 15, 2002, on October 9, 2001 the Board extended the contract with District Counsel Neary for another year, and on October 23, 2002 the Board modified the contract with the General Manager to include an increase in salary of $6,000 per year plus related taxes and benefits.

(Note: At the meeting of December 11, 2001, General Manager Chapman provided a record of votes taken in closed session as follows:)

October 9, 2001 - Extension of agreement with District Counsel Neary
AYES: Directors: Orth, Whitney, Estabrook
NOES: Directors: None
ABSENT: Directors: Venturi, Monteleone

October 17, 2001 - Extension of contract with the Director of Emergency Services to April 15, 2002
AYES: Directors: Orth, Whitney, Venturi, Estabrook
NOES: Directors: None
ABSENT: Directors: Monteleone

October 23, 2001 - Modification of agreement with General Manager to include increase in salary of $6,000 per year plus related taxes and benefits
AYES: Directors: Orth, Monteleone, Whitney, Estabrook
NOES: Directors: None
ABSENT: Directors: Venturi

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 agenda item 7 be moved to Special Presentation. Director Whitney asked that agenda item 13 be moved after number 5, as the two items were related. No objections were raised to the proposed changes.

D. MINUTES OF PREVIOUS MEETINGS

None

E. SPECIAL PRESENTATION

PRESENTATION OF DRAFT BROOKTRAILS TOWNSHIP GENERAL PLANNING MAP

Director Whitney stressed the value of developing a Brooktrails General Planning Map on a computer system. He explained that he had hired Kevin Britton from North Coast Resource Management at his own expense to develop the draft map utilizing data from various sources, including the County Assessor's office.

Mr. Britton provided a lengthy presentation, utilizing a projector and a laptop computer.

Director Orth commented that both LAFCO and the County are in the process of developing a GIS system which will be accessible to District staff.

Mr. Britton provided a summary of the software and hardware configurations, and offered suggestions as to how to obtain grant funding from ESRI, the company that makes the software. He recommended that an experienced staff person be assigned to operate the system, and that it run on dedicated computer, separate from the network.

After a brief question and answer session, President Estabrook thanked Mr. Britton for his presentation.

Director Whitney encouraged District staff and the public to offer suggestions as to data which could be incorporated into the project.

F. PUBLIC HEARING

ABATEMENT OF PUBLIC NUISANCE AT 24330 & 24340 LILAC ROAD

General Manager Chapman provided a brief update on the status of the condition of the property. He explained that District Architect Axt had provided Mr. Grishaber, the property owner, with a letter listing measures which must be taken to mitigate the conditions.

Director Whitney asked that two additional requirements be added to the conditions, that the sediment and debris which had fallen into Lilac Road be removed, and that the spoils dumped across the street in the Greenbelt be cleaned up to the satisfaction of the District.

President Estabrook opened the public hearing at 7:47 p.m. Hearing no protests, he closed the public hearing at 7:48 p.m.

President Estabrook asked that the list of mitigation measures be attached to the proposed Resolution as "Exhibit A" and that recovery of administrative costs be included in the amount due.

Director Venturi made a motion to adopt Resolution No. 2001-30, a Resolution Declaring the Existence of a Public Nuisance on Certain Private Parcels Located Within the District (24330 & 24340 Lilac Road), as amended. The motion was seconded by Director Orth and the vote was taken as follows:

AYES: Directors: Whitney, Venturi, Monteleone, Orth and Estabrook
NOES: Directors: None
ABSENT: Directors: None
Resolution No. 2001-30 Adopted.

CONSIDERATION OF ORDINANCE NO. 117

President Estabrook opened the public hearing at 7:52 p.m. Hearing no comments, he closed the public hearing at 7:53 p.m.
Director Whitney moved to waive further reading and adopt Ordinance No. 117, An Ordinance Amending District Ordinance No. 29 (Fire Protection Special Tax.) The motion was seconded by Director Venturi, and the vote was taken as follows:

AYES: Directors: Whitney, Venturi, Monteleone, Orth and Estabrook
NOES: Directors: None
ABSENT: Directors: None
Ordinance No. 117 Adopted

G. PUBLIC COMMENTS

Alicia Walter of Poppy Drive stated her opinion that Dr. Gitlin had used the property owners to gain confidence with the Board and the County Board of Supervisors. She was upset to learn that restaurant and bar will not be open to the public, but will be used for retreats by private groups.

Robert Terry of Poppy Lane asked if the Board intended to dredge the Lake. General Manager Chapman provided siltation statistics gathered by District staff.

Jack Cunningham of Ridge Road voiced concern about inaccurate road maps of the District and encourage the Board to distribute updated maps to agencies such as AAA.

H. ACTION AGENDA

4. CONSIDERATION OF A RESOLUTION CALLING FOR A SPECIAL ELECTION SUBMITTING THE QUESTION OF CONFIRMING AN ORDINANCE IMPOSING AN INCREASE OF SPECIAL TAX FOR FIRE PROTECTION; FIXING THE DATE OF SAID ELECTION; AND ORDERING THE CONSOLIDATION OF SAID ELECTION

Director Whitney asked that the phrase "and emergency medical response" be added after "ambulance service" in the question to be presented to the voters, as listed in item number 2 of the proposed resolution.

Director Orth moved to adopt Resolution No. 2001-31, a Resolution Calling for a Special Election Submitting the Question of Confirming an Ordinance Imposing an Increase of Special Tax for Fire Protection; Fixing the Date of Said Election; and Ordering the Consolidation of Said Election, as amended. The motion was seconded by Director Venturi.

Robert Terry suggested correcting the word "within" in the question to "with." Director Orth amended his motion accordingly, and Director Venturi amended his second. A vote was taken on the motion as follows:

AYES: Directors: Whitney, Venturi, Monteleone, Orth and Estabrook
NOES: Directors: None
ABSENT: Directors: None
Resolution No. 2001-31 Adopted.

5. CONSIDERATION OF DRAFT BALLOT STATEMENT AND ARGUMENT IN FAVOR OF TAX FOR FIRE TAX MEASURE ON MARCH 5, 2002 BALLOT

President Estabrook asked for clarification of the two statements included with the staff report. Noting the similarity of the two statements, Board members agreed to edit the "Draft Ballot Statement" in the event that it would have to be submitted prior to the December Board meeting.

President Estabrook asked that mention be made about the fact that the funds would be segregated.
Director Venutri asked that the phrase "and emergency medical response" be added in the last sentence of the first paragraph after "In addition, the fire".

Claudia Reed, with the Willits News suggested that the term "hazard abatement program" be defined as "fire prevention."

Director Whitney asked that mention be made that without these funds the present level of fire and emergency medical services presently provided will be curtailed.

Director Venturi moved to approve the Ballot Statement, as amended. The motion was seconded by Director Monteleone, and passed unanimously.

13. CONSIDERATION OF THE ESTABLISHMENT OF A GREENBELT MANAGEMENT COMMITTEE

Director Whitney provided a brief summary of his letter outlining the proposed Greenbelt Management Committee, the primary purpose of which would be to update the Greenbelt Management Plan.

President Estabrook suggested that the committee interface with the existing Greenbelt, Recreation, and Conservation Committee.

Director Venturi spoke strongly in favor of the idea. He felt that the District should manage its property, as it requires private property owners to do. He suggested the committee report to the Board on a quarterly basis, as opposed to annually.

Director Orth suggested that the committee meet quarterly, and be set up as a sub-committee of the Greenbelt, Recreation, and Conservation Committee, to lessen the burden on staff. He also suggested it be formed after establishment of the new Board, who could give the committee direction as to what it expects of the Greenbelt Management Plan.

Director Monteleone, also, asked how this committee would interact with the existing committee, noting the importance of the two committees working together.

Director Venturi suggested it be established as an "ad-hoc" committee.

President Estabrook stated his opinion that the community vision should guide the experts, who could then let the community know what the consequences are of their vision, and how to achieve their goals.

Janice Gendreau, of Goose Place, offered suggestions as to staffing and structure of the committee, and asked the Board to defer establishment of the committee pending further public input.

In response to an inquiry from Superintendent of Utilities Wendell Wilson, District Counsel Neary provided information concerning restrictions on the Greenbelt.

Director Whitney made a motion that the item be deferred to the meeting of December 11, 2001, that the committee be set up as a sub-committee of the existing Greenbelt, Recreation, and Conservation Committee, and that the General Manager update the language contained in the purpose statement. Director Orth seconded the motion, which passed unanimously.

A break was called.

BREAK at 8:35 p.m. - RECONVENE at 8:45 p.m.

6. CONSIDERATION OF ALLOWABLE USES UPON WHICH A DRAFT UTILITIES AGREEMENT WITH DR. ROBERT GITLIN FOR BROOKTRAILS LODGE WILL BE BASED

President Estabrook explained that because of the length of time that the Brooktrails Lodge Use Permit Application process had taken, the Board had decided to take a more pro-active stance on the matter, and attempt to define the uses for which it would be willing to grant utility services to the property.

District Council Neary pointed out that the Board can unilaterally choose to waive or uphold any provisions of its Utilities Ordinance, specifically the number of residential meters allowed per parcel and the applicable connection fees. Although Dr. Gitlin has not applied for a waiver, any time a waiver is requested or required, it can be conditioned on anything that is rationally related to the issue.

Director Whitney reviewed the list of proposed conditions provided with the staff report. He noted that the draft letter to Frank Lynch was not a determination of the District's obligation to provide water or sewer service, and does not establish rates or connection fees. It is simply an attempt to convey to the County under what circumstances the District would look favorably upon the application for water and sewer services. He noted that Dr. Gitlin had previously stated his opinion that he is under no obligation to apply for services which he is already receiving.

With the aid of an overhead projector, President Estabrook reviewed a map of the property and the uses proposed by the Board for each of the units. Director Whitney acknowledged that the Brooktrails Board does not have jurisdiction over land use issues, and that the letter was a simply a recommendation to the County. President Estabrook added that the map on display represents the land use restrictions under which the Board would agree to provide utility services.

With regards to the "Proposed Conditions and Provisions of Approval"attachment, Director Monteleone suggested adding the word "commercial" before "unit" in the third line of paragraph 2, for clarification. She voiced concern about the enforcement of the restriction to seniors and employees.

Brian Momsen, with the law firm of Carter, Behnke, Oglesby & Bacik, spoke on behalf of Dr. Gitlin, who also was present in the audience. He provided copies to each Board member of a letter written by Dr. Gitlin's attorney, Ginevra Chandler, and asked that the matter be continued to the meeting of December 11th to allow Dr. Gitlin and his counsel time to review the Board's proposal. Mr. Momsen accused the Board of holding Dr. Gitlin's utility permit "hostage" to achieve their preferred land uses.

Kris Wagner, of Perch Drive, thanked the Board of Directors for the work they had done on the matter, noting that it was above and beyond their call of duty.

Ginger Pohlson, Director-elect, noted the difficulty in making decisions without the necessary information. She stated that the prior use of water at the Lodge has been commercial, and that the volume of water Dr. Gitlin is requesting is impossible to deliver under those conditions, therefore a change of use will be required. She also stated that by requesting a waiver of fees from a utility provider, Dr. Gitlin is making them a partner in the development, and urged him to remain open.

Janice Gendreau suggested the proposal be looked upon as guidance.

General Manager Chapman reminded the Board that another real concern is the revenue factor, and urged the Board to consider the importance of the monthly service charges that will apply to the project.

Director Monteleone made a motion that the draft letter to Frank Lynch be sent, with the attachments as amended by the Board. The motion was seconded by President Estabrook. Director Whitney clarified that the letter and proposed conditions do not tie the hands of any future Board to change any of the provisions of the documents, pursuant to the decision on the Use Permit by the County on December 13th, and receipt of an application from the property owner.

Director Orth requested that reconsideration of the item be placed on the agenda of December 11th to allow the new Board and General Manager to add comments to the document.

A vote was taken on the motion currently on the floor as follows:

AYES: Directors: Whitney, Venturi, Monteleone, Estabrook
NOES: Directors: Orth
ABSENT: Directors: None
Motion Carried.

8. CONSIDERATION OF AN AGREEMENT WITH TRI-COAST HOLDINGS, INC. FOR EXCHANGE/ACQUISITION OF REAL PROPERTY (MAYFIELD THP)

With the aid of the overhead projector, General Manager Chapman reviewed a map of the Mayfield property and described the proposed Timber Harvest Plan (THP.) He explained in detail the agreement between the District and the property owner that will result in the District acquiring title to 160 acres, a conservation easement along Willits Creek, and a trail easement through the acreage retained by the property owner.

Director Whitney pointed out that the District's agreement with the property owner did not influence any other agencies' determination concerning the THP.

General Manager Chapman clarified that property owner would realize the benefit of a charitable contribution equal to the value of the land deeded to Brooktrails, and by subdividing the remaining ninety acres into four smaller parcels.

Director Whitney asked that the agreement specifically state that Tri-Coast Holdings is responsible for completing the THP, to assure that the District does not become responsible for any additional costs. District Counsel Neary pointed out the draft agreement indicated that the property would transfer at the earlier of completion of THP or October 15, 2004, and agreed that the issue should be reviewed.

As to the draft agreement, Director Whitney suggested referring to Brooktrails Township Community Services District as "BTCSD" as opposed to "Brooktrails." Under "Public Trail Easement" he suggested striking the phrase "to the exclusion of any heavy or mechanized equipment, unless otherwise approved in writing by TRI-COAST HOLDINGS, INC." from the end of the second sentence. He suggested changing the word "reimburse" to "pay" in item 7, and adding the phrase "TRI-COAST HOLDINGS, INC. shall be responsible for all expenses of the remaining balance."

He asked that "Acts of Allah" be struck from paragraph 12.

Janice Gendreau voiced concern about truck traffic on Brooktrails roads. General Manager Chapman explained the rationale for the route restrictions.

President Estabrook asked that the phrase "approximately 3,200 feet in length, starting at the center line of Willits Creek" be added to the description of the strip of land to be deeded by Brooktrails described in paragraph 2.

Director Whitney asked that the sentence "TRI-COAST HOLDINGS, INC. shall be responsible for all obligations of the maintenance period and restocking related to the THP" be added to the end of paragraph 1.

Director Orth moved that staff prepare the agreement as presented by this Board, for presentation for final determination of the negotiating parties and for final action by the next Board of Directors at the date set by staff when this is prepared. The motion was seconded by Director Whitney and passed unanimously.

9. REVIEW OF DONATED LOT STRATEGY

Director Orth recommended that policy be set allowing offers to be made by private parties for purchase of donated lots, provided they are adjoining property owners and follow through with a lot merger.

Director Whitney suggested that the list of lots be made public and offered for sale, not necessarily to an adjacent property owner, but with the condition that they be merged, and that a minimum bid price be set.

Director Monteleone clarified that any funds received would be used only for the lot reduction program.

Director Orth recommended that the bid include the merger fee, and that the property go immediately into the District's lot merger program.

In response to concerns raised by Ginger Pohlson, District Counsel Neary suggested a requirement be that the sale must result in the net reduction of at least one lot.

President Estabrook suggested that further discussion of the matter include how to value the lots, what the funds could be used for, how to publicly list them, and merger restrictions.

Director Venturi suggested that a portion of the funds received be put back into the Fire Department to replenish money lost as a result of mergers and donations.

Wendell Wilson questioned the benefit of the lot reduction program, noting that the District is limited to 2,000 homes without an additional water supply, and is giving up revenues and spending funds when development must cease at that point anyway.

District Counsel Neary pointed out that the lot merger program was a policy decision that was made during the Specific Plan process after a great deal of discussion. He suggested that if the Board wishes to review the policy, the five year review of the Specific Plan may be an appropriate time to do so.

Director Orth added that the merger program also played a roll in the District's successful retention of its water rights.

General Manager Chapman offered to review the current budget to assure that the Fire Fund is reimbursed from the Franchise Fee for revenues lost as a result of the lot merger program.

Janice Gendreau suggested a direct mailing to property owners to encourage donations. Director Orth felt that such a solicitation would only be appropriate if the District were out of compliance with its stated lot reduction goals.

10. CONSIDERATION OF A DRAFT LETTER OF SUPPORT FOR A CALTRANS COMMUNITY BASED TRANSPORTATION PLANNING GRANT, SUBMITTED BY THE CITY OF WILLITS FOR A CORRIDOR STUDY OF THE BAECHTEL ROAD/RAILROAD AVENUE CONNECTION

Director Orth left the table due to a possible conflict of interest, as his wife works for MCOG, and has been assigned to the project.
Director Monteleone moved to authorize the President to sign the letter of support, as written. The motion was seconded by Director Whitney, and the vote was taken as follows:

AYES: Directors: Whitney, Venturi, Monteleone, and Estabrook
NOES: Directors: None
ABSENT: Directors: None
ABSTAIN: Directors: Orth
Motion Carried.

Noting that it was 10:30 p.m., President Estabrook asked for a motion to continue the meeting for ten minutes. Director Orth stated "So moved." No objections were voiced.

11. REVIEW OF PROCEDURE FOR BOARD REORGANIZATION

Director Whitney voiced concern that the District's organizational meeting is held more that thirty days after the election, which appeared to be in violation of §61220 of the government code.

District Counsel Neary explained that the thirty days begin at the time the election results are finalized by the Board of Supervisors, which is approximately two weeks after the general district election. He also provided clarification of the expiration of the terms of Directors.

12. APPOINTMENT TO FILL VACANCY ON THE FINANCE COMMITTEE

Director Orth moved to appoint Chris Brown to the Finance Committee. The motion was seconded by Director Whitney and passed unanimously.

14. REVIEW AND BOARD APPROVAL OF ACCOUNTS PAYABLE REPORT

General Manager Chapman explained that the Auditor had requested this agenda item be added, now and in the future, because he wants the Board to be aware of the negative cash flows.

Director Venturi moved to approve the accounts payable, as presented. The motion was seconded by Director Monteleone.

Director Whitney read aloud an excerpt from District Counsel Neary's opinion of January 5, 1999, which stated that there are no inter-fund transfers. Director Whitney questioned the validity of that statement, stating that he felt that he was being deceived. He stated, for the record, that it was illegal and improper.

President Estabrook agreed that it is prohibited, although the case law is somewhat non-existent. He commented that eliminating the fire department, to him, would be irresponsible, and believed that the Board was doing all it could to fix things.

Director Whitney accused his fellow Directors of not addressing the concerns of the Auditor, and called the agenda item "deceptive." He reprimanded the General Manager for not providing a "cash flow statement" as he had requested.

General Manager Chapman called attention to the financial reports provided, and explained to Director Whitney that pages 5 and 6 presented a fair representation of what is happening in the Fire Department. He felt that the financial statements were more than adequate to make a judgement about the condition of the funds, adding that he was aware of what was occurring prior to his employment with the District, based upon the financial statements provided by the Auditor, Terry Krieg, CPA.

President Estabrook called for a vote on the motion currently on the floor, which was taken as follows:
AYES: Directors: Venturi, Monteleone, Orth, and Estabrook
NOES: Directors: Whitney
ABSENT: Directors: None
Motion Carried.

I. SPECIAL REPORTS - GENERAL MANAGER

General Manager Chapman reported that Scott Harris with the CA Department of Fish and Game had approved the Districts application to place additional gravel in Willits Creek.
Also, the grant funds for replacement of the golf tee mats had been received from the State. The Ambulance had been repaired and was back in service. The funds for the repair had been pledged by the Lions Club and two other organizations.

J. PUBLIC COMMENTS

Janice Gendreau thanked President Estabrook and Director Whitney for their years of service on the Board.

K. ADJOURNMENT

Director Monteleone moved to adjourn and President Estabrook declared the meeting of November 13, 2001 closed at 10:50 p.m.


MICHAEL V. CHAPMAN
Secretary to the Board of Directors


CHARLES A. ORTH,
Vice President