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SPECIAL MINUTES
BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
BROOKTRAILS COMMUNITY CENTER
24850 Birch Street, Willits, CA 95490
September 18, 2001 |
The Board of Directors of Brooktrails Township Community Services District met in special session on September 18, 2001 at 7:00 p.m. in Brooktrails Community Center.
REPORT ON CLOSED SESSION
President Estabrook reported that the Board had just come out of closed session, had given direction the real estate negotiator concerning Sections 28 & 29, and had given direction to legal counsel concerning existing litigation, Lawrence White matter.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Roll call showed the following Directors present: Venturi, Orth and Estabrook. Also present were General Manager Chapman and District Counsel Neary. Directors Whitney and Monteleone were absent.
President Estabrook explained that the meeting of September 11, 2001 had been canceled due to the horrendous events that occurred that day, and apologized for any inconvenience.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
None
D. MINUTES OF PREVIOUS MEETINGS
August 28, 2001
Director Orth moved to approve the minutes of August 28, 2001 as written. The motion was seconded by Director Venturi, and passed unanimously by the members present.
E. SPECIAL PRESENTATION
None
F. PUBLIC HEARING
None
G. PUBLIC COMMENTS
Alicia Walter, of Poppy Drive, came forward to inform the Board of a petition being circulated for public support of the second access road and the Willits bypass to be presented at a public hearing on the subjects in sixty days.
Although unaware of any scheduled public hearing, Director Orth informed her that Mendocino Council of Governments (MCOG) will be discussing the priorities for the County, and that both projects are of high priority.
Supervisor Tom Lucier and Chris Brown of Air Quality Management District, who were present in the audience, provided additional information on the planning process at the County level.
H. ACTION AGENDA
2. REPORT ON BURN ENFORCEMENT AND AIR QUALITY ISSUES
After a brief introduction to the subject by the General Manager, President Estabrook invited Barri Boone to take the podium.
Barri Boone, resident of Tuck Place, came forward to reiterate concerns raised at a Board meeting in May of 2001. Her neighbors had been burning causing smoke and airborne chemicals to enter her home which caused her to become ill. She reported the problem to the Brooktrails Fire Department who referred her to Air Quality. Upon contacting Air Quality, she was referred back to Brooktrails. She voiced concern about a lack of responsibility for enforcement. She read excerpts from the Mendocino County Air Quality Agricultural and Residential Outdoor Burning Program, which states that the person burning could be held liable if burning creates a nuisance or health problem to others.
Chris Brown, representative of Air Quality Management District, provided information on pesticide regulation and determination of burn days, and outlined the types of material which could be burned in a residential burn pile.
As to enforcement, he suggested the Brooktrails Fire Department be called first, to ensure the quickest response. He advised that a nuisance standard violation is a civil matter, and that his office would not issue a fine if the rules are followed and there was no intent to cause a problem. If the nuisance continues, his office does have enforcement powers.
Director Orth read aloud a section from Brooktrails' permit, stressing that our department has authority through our own regulatory process on the permit to define our standards. Mr. Brown agreed, noting that as a Fire District, the District could ban burning if it chose to do so.
Director Venturi asked for clarification of the Mendocino County Air Quality Agricultural and Residential Outdoor Burning regulations. Mr. Brown stated that his office has duel enforcement authority, criminal and civil. However, their department's guidelines require three complaints from different addresses within one 24 hour period to establish a nuisance.
Director Venturi suggested nuisance complaints be looked at on a case-by-case basis. Mr. Brown assured him that they would investigate the complaint in the case of a health threat, and that his office keeps a list of smoke sensitive people. He offered to share that information with Brooktrails Fire Department.
President Estabrook asked for clarification of how the Air Quality District regulates outdoor burn piles if they do not issue permits or tell people to put fires out. Mr. Brown responded that his office regulates what is allowed to be burned and what's not, and that they have the right of entry. He also commented that the Air Pollution Control Officer can prohibit burning if it is a nuisance.
Don Lattimer, resident of Brooktrails and member of Air Quality District staff, suggested our Fire Department require people to read the burn permit when issued to them, not just sign it, and that staff be prepared to answer any questions they may have.
Bob Houtz, of Harrah Drive, suggested a public burn pile be established which could be supervised by Fire Department personnel, and spoke in favor of a year-round burn ban.
Bob Terry, of Poppy Lane, asked for specific information concerning the size of a permitted burn pile.
Director Venturi felt that Brooktrails Fire Department should respond and investigate calls, as opposed to referring them. In the case of burning toxic substances, he recommended that any evidence be gathered at the scene, and that the fire be put out. He asked staff to meet with Fire Department personnel to work out a procedure.
Director Orth asked that the problem also be addressed as a part of the permit process, by documenting who has health concerns, mapping where their homes are, and imposing additional restrictions in those areas.
President Estabrook voiced concern about the District's has enforcement authority to respond to a complaint if it is other than a fire safety issue.
Mr. Brown felt that it would take an Memorandum of Understanding (MOU) between departments for Brooktrails to respond to an Air Quality complaint, and believed that one may already exist. He offered to research the issue and report back to the General Manager.
President Estabrook asked that the wording of the permit be reviewed to assure that the District's enforcement authority is made clear, and spoke in favor of reading the conditions of the permit aloud when issued. Director Venturi suggested the District put together a five minute video to explain the terms and conditions, and that residents be required to watch it when issued a permit.
Marcel Dube, resident of Azalea Street, pointed out that a burn permit is revocable, and that once revoked any burning becomes a state offense.
3. CONSIDERATION OF A RESOLUTION APPROVING A LOAN OF A PORTION OF THE ANNUAL FIRE TAX ASSESSMENTS FROM THE COUNTY OF MENDOCINO
General Manager Chapman thanked Supervisor Tom Lucier for attending the meeting. He commented that the District's Auditor has raised concerns about deficits that exist in certain funds, especially the Fire Fund. To address this problem, he proposed that the Board authorize him to work with Supervisor Lucier and approach the County Board of Supervisors for a loan of a portion of the District's Fire Tax revenues, as allowed by State Law. He noted that even with the advance, revenues will not be sufficient to support the Fire Department unless the proposed Fire Tax Measure is successful.
Director Orth pointed out that the District is in a high fire hazard year, which resulted in increased fire abatement efforts. He voiced support for the increased fire tax to fund the abatement program.
General Manager Chapman clarified that interest would be due on the loan at the rate currently earned by the County if the funds were invested elsewhere. He reported that he had also applied for a Line of Credit from Six Rivers Bank to assist with the payment of hazard abatement expenses.
Supervisor Tom Lucier took the podium. He confirmed that State Law would allow an advance of up to 85% of the Special Revenues, but he did not think that interest would be charged. He cautioned that the money would have to be paid back, regardless of the outcome of the tax measure. He voiced concern about the District's ability to function on the remaining 15%, and urged the Board to consider how it will address budget deficits in the future.
Director Orth stated "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."
President Estabrook asked for clarification that the loan would be funded out of current fiscal year revenues, as opposed to future year's revenues.
General Manager Chapman explained that the loan would only be for a few months, as it would be paid back from the tax payment due to the District in December. He added that even if the tax measure passes, it will not effect cash flow until December of 2002, and he surmised that he would be asking the County for another loan the following year. He outlined the measures planned to curtail expenditures in the Fire Fund.
Mr. Lucier cautioned the Board that it may not be able to do this a second time. He recommended that they ask the County for an amount "up to" 85%, but to take only what is needed.
Director Venturi asked for clarification from Mr. Lucier and Dennis Huey of the Auditor's office that the money would be current fiscal year's revenues, as opposed to future year's revenues, and asked that staff research the interest rate.
Marcel Dube, of Azalea Street, suggested Little Lake Fire District and CDF be contacted for more cost effective means of training engineers. He also question the appropriateness of continuing ambulance service.
Board members agreed to defer the vote on the Resolution to the next Board meeting.
4. CONSIDERATION OF A RESOLUTION APPROVING A LOAN FROM SIX RIVERS BANK
General Manager Chapman reiterated the need for funds to pay fire department expenses. He explained that this line of credit would be used to pay the contractors that abated Phase I lots. In response to questions from audience members, he provided a summary of the Fire Department expenses fund balance.
Director Orth moved to approve Resolution No. 2001-26, a Resolution Authorizing Execution of an Agreement with Six Rivers Bank for a Line of Credit in the Amount of $20,000.00 for Payment of Fire Hazard Abatement Expenses. The motion was seconded by Director Venturi and the vote was taken as follows:
AYES: Directors: Venturi, Orth, Estabrook
NOES: Directors: None
ABSENT: Directors: Whitney, Monteleone
Resolution No. 2001-26 Adopted.
5. REPORT OF PROPOSED FIRE TAX RATES (DRAFT 1), AND TIME FRAME FOR THE MARCH 5, 2002 ELECTION
General Manager Chapman provided an analysis verifying the large amount of time spent during the abatement program on vacant properties. He also provided a spreadsheet based on equal tax for vacant and developed lot owners, as suggested by Director Monteleone. He stated his goal of passing a tax that would carry the Fire Department for ten years before having to ask for an increase, and which would not include an escalator. He stressed that the funds would only be used for the fire department. He noted that it was not his intent to take the fire department away, but that people need to realize funds are needed to continue the kinds of programs the Board is requesting.
Director Orth voiced appreciation for the General Manager's work, and voiced approval of the proposal.
President Estabrook voiced concern that vacant lot owners are not receiving the same level of medical and structure protection service from the department as are residents. He provided an analysis based on the current budget, allocating each expenditure to vacant and developed lots. He concluded that about $35 per year for each resident supports structure fire and medical responses, the other $20 of the increase would fund the abatement program. As to the vacant lots, the entire $55 per year would fund the abatement program. He stated that he was reasonably sure the time analysis would justify the ratio between the two.
Director Orth commented that the justification is because the ambulance serves the entire area, not just the residents of Brooktrails, and that Brooktrails Fire Department is first responder to a fire on a vacant lot.
Bob Thompson, of Ridge Road, suggested painting addresses on the curb in front of each vacant lot to assist Fire Department personnel in locating them.
George Skezas, of Poppy Lane, questioned if the tax revenues would be received in December 2002. District Counsel Neary confirmed that to be the case, and provided information concerning recent changes to the provisions of Proposition 218.
Mr. Skezas stated his opinion that continuing to operate the ambulance when funds to do so were not included in the tax was a mistake on the part of the Board.
Ginger Pohlson, of Brooktrails Drive, voiced concern that fire tax funds would be allocated to other purposes. She suggested a separated tax of $20 per year be passed for fire abatement, and indicated public support for such an idea. She also suggested asking Liberty Ambulance Service to subsidize Brooktrails Ambulance Service for its willingness to continue providing backup ambulance service to them without compensation.
General Manager Chapman emphatically stressed that it was not his intention to use Fire Department funds to pay for expenses of other departments.
Director Orth pointed out that the Greenbelt is CDF responsibility, and that the proposed fire tax increase would not be utilized for abatement of the Greenbelt.
In response to concerns raised by Bob Thompson, Director Orth outlined the medical response procedure.
District Counsel Chris Neary recounted that a special election was held in the late 1980s to establish an ambulance district comprised of the City of Willits, Little Lake Fire District, and Brooktrails. Although it failed by a very small margin district-wide, 72% of voters in Brooktrails approved it. After a second election with similar results, the Board of Directors established a backup ambulance keeping in mind that private ambulance companies can stop simply providing the service on short notice.
6. DISCUSSION OF THE DISTRICT'S OBLIGATION TO PAY 2001-2002 LAFCO FEES
General Manager Chapman urged the Board to resolve the issue of the unpaid fees. Director Venturi made a motion to pay the invoice, seconded by President Estabrook.
Director Orth commented that the Special District's Association believes that Brooktrails will be paying the fees, no matter what, and that the District cannot withdraw from LAFCO once it has joined. He reported that a meeting of the LAFCO executive committee would held, where they would discuss the appropriate way to approach the State Legislators to make them understand that Special Districts do not receive revenues from sales tax, as do cities and counties. He questioned the logic of State mandated fees, as the General Fund is in a deficit situation, and Proposition 218 prohibits expending money from other funds to pay the fees.
President Estabrook stressed the importance following up with a letter of protest to LAFCO pointing out the issues of concern to Special Districts.
A vote was taken on the motion which passed unanimously by the members present.
7. UPDATE ON STATUS OF SHERWOOD ROAD/BIRCH STREET INTERSECTION
General Manager Chapman reported that the County's application for funding of the project had been approved, and they expected to begin work after October 1, 2002. Plans are to widen the intersection, add a left turn lane, and improve the line of sight at the next intersection.
I. SPECIAL REPORTS - GENERAL MANAGER
General Manager Chapman reported that he had sent a letter to Ray Hall at the Department of Planning and Building requesting a meeting in November with him and his staff concerning the District's Design Standards.
J. PUBLIC COMMENTS
None
K. ADJOURNMENT
Director Orth moved to adjourn and President Estabrook declared the meeting of September 18, 2001 closed at 10:08 p.m.
RICHARD ESTABROOK
President
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
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