The Board of Directors of Brooktrails Township Community Services District met in regular session on October 9, 2001 at 7:10 p.m. in Brooktrails Community Center.
REPORT ON CLOSED SESSION
President Estabrook reported that the Board had just come out of closed session where they had conducted the annual review of the District Counsel's contract.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Roll call showed the following Directors present: Whitney, Orth and Estabrook. Also present were General Manager Chapman and District Counsel Neary. Directors Venturi and Monteleone were absent.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
President Estabrook commented that he wanted to hold a closed session at the end of the meeting to review the contract with the Director of Emergency Services. However, because four votes are required to add it to the agenda, he suggested a special meeting, closed session only, be scheduled for October 16, 2001 at 7:00 p.m.
D. MINUTES OF PREVIOUS MEETINGS
September 18, 2001
Director Orth read the following verbatim quote from the meeting of September 18, 2001, "At LAFCO, which is the Local Agency Formation Commission, we discussed the fact that we may be losing two fire districts, Legget and Piercy, for many of the same reasons, inability to raise funds to operate under the conditions which are the state requirements for training, .... all the conditions fire departments have to operate under now. I think the Board is very aware that if we don't get a fire tax passed we aren't going to have any fire employees, we aren't going to have an abatement program, it will be 100% volunteer until we pay the County back and then maybe we can look at some kind of contract for some other services. It's really an either/or." He pointed out that he had been misquoted in the Willits News and asked that the actual quote be added to the minutes.
Director Whitney asked that a statement be included in the roll call section as to which Directors were absent. As to Director Orth's statement that the fire tax increase would not be used for abatement of the Greenbelt, he asked that a future agenda item be scheduled to discuss precisely what the fire tax would be used for, and to pin down the responsibility for abatement in the Greenbelt.
Director Orth moved to approve the minutes of September 18, 2001 as amended, seconded by President Estabrook. Motion was passed unanimously by the members present.
September 25, 2001
Director Whitney again asked that a statement be included in the roll call section as to which Directors were absent. He also asked that copy of the revised Request for Action form be provided to the Board members.
He asked that on page 3213, in the second paragraph of item four, a period be inserted after the word "month" and the words "Projections are" be added as the beginning of a new sentence. On page 3214, under item I, he asked for a report on the water leak in the golf course which was referred to in the minutes. He asked that "President Whitney" be changed to "President Estabrook" item K.
Director Whitney moved to approve the minutes of September 25, 2001 as amended, seconded by President Estabrook. Motion was passed unanimously by the members present.
E. SPECIAL PRESENTATION - None
F. PUBLIC HEARING
2. HEARING ON ABATEMENT EXPENSE
General Manager Chapman explained that of the 290 lots declared as public nuisances 63 were cleared by contractors at a cost of $5,076.00, and the lien amounts total $17,665.00.
One letter of protest was received from Mary King of Ukiah, as well as two persons that called and promised to pay the District direct. General Manager Chapman asked the Board to allow staff additional time to investigate the complaint and receive the checks prior to finalizing the list and submitting it to the County.
President Estabrook opened the public hearing at 7:34 p.m. Hearing no protests he closed the public hearing at 7:35 p.m.
Director Whitney commented that Ms. King's letter was protesting the abatement of her property, not the cost of abatement. He spoke against removing Ms. King from the list unless she was willing to pay the District direct, as the contractor had already been paid by the District for the work. He made a motion to adopt the resolution of confirmation, but to allow a couple of days for the two checks that were promised to arrive in the mail.
Director Orth spoke in favor of allowing staff time to investigate all three issues. Director Whitney amended his motion to allow the three parties until Friday, October 12, 2001 to pay the District direct, or the charges would remain on the tax roll list. Director Orth seconded the motion.
A vote was taken on the motion as follows:
AYES: Directors: Whitney, Orth, Estabrook
NOES: Directors: None
ABSENT: Directors: Venturi, Monteleone
Resolution No. 2001-28 Adopted.
G. PUBLIC COMMENTS
Patricia Cornell, of Robin Place, came forward to voice concern about the cost of uncovering manholes after roads are re-paved by the County, and asked for clarification of the industry standards. She urged the District to work with the County to develop a more efficient and cooperative method.
Director Orth asked that an agenda item be scheduled and that MCOG and County staff be invited to attend and address the issue.
Ms. Cornell also reported a water quality problem. The Board asked staff to address the issue.
Bob Terry, of Poppy Lane, appeared on behalf of the Neighborhood Emergency Services Team (NEST). He thanked the Board for their donation, and showed them the items purchased with the funds. As an individual, he offered his services to work with the County for improvements to road marking and parking issues. Director Whitney asked him to work with the General Manager and obtain a copy of the speed study conducted by the County, and that an agenda item be scheduled to discuss the issues.
Beryl Spalding, of Lilac Lane, voiced concern about garage sale signs that are not removed.
Sarah Schuyler, of Clover Court asked about the September 4th discussion of logging in the Greenbelt. President Estabrook suggested she watch for future agenda items on the issue, and that she write a letter to the Board expressing her views.
H. ACTION AGENDA
President Estabrook suggested discussing item six first to accommodate Ross Walker, City Attorney from the City of Willits who was present in the audience. No objections were raised.
6. DISCUSSION OF CORRESPONDENCE RECEIVED FROM THE CITY OF WILLITS CONCERNING SEWER INFILTRATION
General Manager Chapman summarized the letter concerning sewer infiltration which was received from the City of Willits.
Director Whitney suggested, prior to responding to the letter, the Board develop a plan of action to assess any measures available to reduce infiltration. He asked that staff provide a report outlining the magnitude of the problem, and cost effective measures which could be taken by the District and the residents to address the issue. Once the report is received, he suggested a meeting be held with the City of Willits, and the Regional Water Quality Control Board (RWQCB.) He suggested hiring an engineer to study the problem.
Director Orth suggested using better than standard clay pipe when doing major repair projects, beginning a program to seal manhole covers, and to require vent caps on all new construction.
President Estabrook felt that infiltration due to lack of vent caps was insignificant, but agreed with Director Orth that better than standard pipe should be utilized. He suggested the District take a pro-active role in solving the problem, and agreed that an engineering study could help pinpoint major problems.
Director Whitney spoke in favor of implementing the Redwood Forest Transpiration method as suggested by Willits resident, Ed Burton.
Mr. Walker provided a summary of the efforts being made to assure compliance with RWQCB dilution ratio requirements.
Director Whitney commented on the value of a graywater system in new construction, and pointed out the problem of rain gutters connected to the sewage system.
A brief question and answer session with audience members ensued, after which time President Estabrook asked that a proposal be obtained from Mark Vogel, to determine the cost of a monitoring and assessment program for inflow and infiltration.
Routine Items
3a) RENEWAL OF AGREEMENT WITH BROOKTRAILS FIREFIGHTERS ASSOCIATION
3b) ACCEPTANCE OF ONE DONATED LOT ON BLUE LAKE TERRACE FROM THOMAS AND JEAN HESS
Director Orth moved to approve items 3a and 3b, seconded by Director Whitney. A vote on the motion was taken as follows:
AYES: Directors: Whitney, Orth, Estabrook
NOES: Directors: None
ABSENT: Directors: Venturi, Monteleone
Resolution No. 2001-29 Adopted.
4. CONTINUED DISCUSSION OF PROPOSED FIRE TAX RATES (DRAFT 2) FOR THE MARCH 5, 2002 ELECTION
General Manager Chapman summarized the changes made to the analysis. Based on the Director of Emergency Service's time estimates, he recommended a tax of $45 for vacant lots and $65 for improved lots. He stressed the need to generate sufficient revenues over the next decade to maintain the department and to provide necessary reserves.
President Estabrook explained that vacant lot owners do not receive the same level of services that are provided to residents, which is why he asked the General Manager to review the proposed equal tax rates. He pointed out that Director of Emergency Services' analysis justifies a 2 1/2 to 1 ratio, and the General Manager's analysis justifies the allocation of costs. He stated that he would even be in favor of a tax of $50 for vacant lot owners and $65 for improved lot owners.
Director Orth moved to approve the $50/$65 proposed tax rate for the March election. President Estabrook seconded the motion, which passed unanimously by the members present. Director Whitney asked that the detailed cost analysis be completed to justify the rates.
Bob Terry asked for clarification of the analysis included as "Attachment A" of the staff report.
Director of Emergency Services, Daryl Schoeppner, suggested an open forum be held where the public can discuss the tax measure with Board members and fire department staff in an informal setting.
5. REVIEW OF HAZARD ABATEMENT STANDARDS AND NOTICE TO BE MAILED TO PROPERTY OWNERS REGARDING PHASE II HAZARD ABATEMENT PROGRAM
Mr. Schoeppner reviewed the Hazard Abatement Notice used in the past, and commented that the form was not in compliance with the new Phase I and Phase II program.
One issue raised in the past was the requirement that trees six inches or less in diameter be spaced ten feet apart. Mr. Schoeppner stated his opinion that the standard is appropriate because it provides a shaded fuel break and allows access for firefighters.
Director Orth suggested using language that would provide some flexibility.
Director Whitney suggested item "J" be reworded as follows: "As a general standard, trees 6 inches or less in diameter must be spaced a distance of 10 feet apart. Any trees proposed for removal that are 6 inches in diameter or greater must have prior District approval." He also suggested moving the statement "This would not apply to year-round irrigated fruit trees, ornamental trees, etc." from item "G" to the end of item "J."
President Estabrook voiced concern that10 feet was too strict a standard for Brooktrails and asked that it be more flexible, for esthetic reasons. He also raised the question about the environment impact of all vacant lot owners cutting their trees 10 feet apart.
General Manager Chapman suggest the word "must" be replaced with "should" and the word "approximately" be inserted before "10 feet apart."
Director Whitney suggested item "G" state that branches be trimmed "5 to 8 feet" above ground level, and item "J" state trees be spaced "8 to 10 feet apart." President Estabrook suggested item "J" read "6 to 10 feet apart."
Bob Terry voiced concern that the range did not provide the desired flexibility. Director Whitney suggested replacing the word "distance" with "minimum."
Director Orth suggested rewording item "A" to delete the word "maintained", require that grass be mowed once, and indicate that additional mowing may be required should it become a hazard due to regrowth.
A break was called.
BREAK at 9:37 p.m - RECONVENE at 9:44 p.m.
7. DISCUSSION OF THE DISTRICT'S PERMIT FROM THE DIVISION OF WATER RESOURCES LIMITING WATER CONNECTIONS TO 2,000
President Estabrook commented that this agenda item was scheduled partially because of public comment to the low lake level warning on the most recent water bill. He explained that the 2,000 water connection limit is based on storage capacity and average use per Single Family Residence (SFR). He questioned the validity of the estimated capacity, due to the amount of sedimentation in the lakes. The estimate from Robert Melluish, Water Operator III indicated a more appropriate limit of 1,800 SFR.
Director Whitney asked the General Manager to develop a report based on the Specific Plan recommendations. He pointed out that the limit was based on existing storage capacity, which could be increased with the addition of tanks, raising the lake level, dredging, or various other means. He pointed out that adding a reservoir is not the only alternative. He suggested updating the analysis of average water use per SFR on an annual basis, as the issue is not to reduce the trigger, but to understand what the limit stands for.
Director Orth recommended utilizing the connection fees to study alternatives to increase capacity.
President Estabrook asked that the General Manager research the cost of obtaining a contour map of the bottom of the lake while the water level is low. He commented that computer programs are available that will calculate capacity based on the "before and after" data.
8. FURTHER CONSIDERATION OF A DRAFT BUDGET FOR THE PER CAPITA GRANT OF $30,000 TO BE USED FOR RECREATION PROJECTS.
General Manager Chapman provided his priorities for use of the grant funds, based on the Recreation Committee's list.
Director Whitney approved of the priority list, but asked for additional detail on the proposed location of the equipment. He voiced concern about damage to the ecosystem, and provided examples of problems that have occurred in the past.
Director Orth stressed the importance of going through the CEQA process for each project. Board members voiced approval of the General Manager's suggestions.
I. SPECIAL REPORTS - GENERAL MANAGER
iii. Finance
Noting the check issued for lot merger recording fees, Director Whitney asked for a report on the lot merger program. He also questioned why there are two voided checks in a row every two weeks, and asked the General Manager to report back to the Board the disposition of those checks.
Noting the payment of $11,738 to the City of Willits, he asked the General Manager for an update on the status of his report on the Sewer Agreement with the City. He also voiced concern that the reimbursement paid to Director Monteleone did not follow the District's travel policy.
J. PUBLIC COMMENTS - None
K. ADJOURNMENT
Director Orth moved to adjourn and President Estabrook declared the meeting of October 9, 2001 closed at 10:30 p.m.
RICHARD ESTABROOK
President
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
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