The Board of Directors of Brooktrails Township Community Services District met in regular session on April 9, 2002 at 7:06 p.m. in Brooktrails Community Center.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Roll call showed the following Directors present: Pohlson, Venturi, Orth and Skezas. Also present was General Manager Chapman.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
General Manager Chapman reported that District Counsel Neary would be late, so item 2 on the agenda would have to be deferred until his arrival. No objections were raised.
D. MINUTES OF PREVIOUS MEETINGS
March 26, 2002
Director Orth asked that on page 3259 in item number 3, the second sentence, the words "with the results of the fire tax election" be inserted after "Director Orth commented that."
Director Pohlson asked that on page 3259, in the last sentence, the phrase "verbally provided the information requested" be struck and replaced with " "reported that five volunteer members lived outside of the District. Mr. Schoeppner also reported that members of the department are unable to respond from their workplace unless it is a major fire." She also asked that the phrase "as they are unable to respond due to budget concerns" be added after "She also asked that Board policy be adopted regarding employee volunteers" and that on page 3261, item number 8, at the end of the third paragraph, the phrase "that the impact fees should reflect the water storage needs of the fire department" after "Director Pohlson agreed."
President Skezas asked that Director Pohlson's written statement regarding item number 2 be entered into the minutes for the record. Also, referencing page 3261, he asked that the General Manager get something in writing from the State Water Resources Control Board regarding the hiring of a Hydrologist.
Director Pohlson moved to approve the minutes of March 26, 2002 as amended. The motion was seconded by Director Orth and passed unanimously.
E. SPECIAL PRESENTATION
RUTH GOODFIELD WITH EEL RIVER WATERSHED MANAGEMENT GROUP
Ms. Goodfield provided a brief history of the grant application process, the proposed work to be accomplished, and a tentative schedule. She asked the Board members to help locate large logs to be used in the restoration project. A brief question and answer session ensued, after which time Board members thanked her for appearing.
F. PUBLIC HEARING
None
G. PUBLIC COMMENTS
Patricia Cornell of Robin Place reported that the barrier logs placed at the corner of Primrose and Clover seemed to be disappearing.
Bob Houtz of Harrah Place voiced concern about hazardous conditions existing at a home on Acacia Place. Jack Cunningham of Ridge Road provided the name of a realtor who indicated that the property would soon be cleaned up and offered for sale.
Bearl Spalding asked the Board to address the ruins of the burned house on Lilac Road.
Mike Aplet of Hawk Drive reported that someone had removed the brush from Gooseberry Trail.
Jack Bothwell of Buckeye Road voiced concern about the limited supply of water in the District. He suggested purchasing water from the City of Willits or the Boy Scouts Lake in the event of a drought.
President Skezas read a written statement for the record as follows:
"Two weeks ago, we were treated to a written statement by Ginger Pohison regarding the ill treatment by members of this Board of Susan Monteleone. The next day that statement plus other information showed up in an article by Claudia Reed in the Willits News. As we know that news was already at the printer when we had our meeting, we can only surmise that Ginger had provided her statement to the Press prior to reading it at our meeting. Normally, something like this would just be ignored, however there were statements made that members of this Board attacked Susan on a personal basis because of differing opinions of matters before the Board. Nothing could be further from the truth.
Susan, in an email to Board Members, the General Manager and staff, refuted and disavowed all of the allegations in Ginger s prepared statement, and in a letter to the editor of the News, Susan additionally laid out her position regarding the fire department.
In my opinion, Ginger is the person making personal accusations to one or more members of this Board and I believe she owes an apology. If and when open discussions are banned or differing opinions can not be forwarded because someone may take it personally, then we will have lost our freedoms in this country. Ginger also alluded to being faithful to one's constituents, as if we all have our own set. I would submit that everyone who resides in the District is our constituent, whether they voted for us, voted against us, or didn't vote at all.
It is my hope that this Board will treat everyone equally and not be on this Board to carry out a personal agenda.
We may often disagree on issues, but in my opinion that does not extend to personalities and once the vote is taken, the issue is over and we move on with the District s business. We have a set of rules which govern our meetings, and I will try my best to adhere to those rules. If we disagree on the rules, then that should be an issue for discussion and possible change."
Claudia Reed, with the Willits News, clarified that she had not stated in her article that Director Monteleone had been attacked on a personal level by the Board members.
Director Pohlson commented that she was very upset by President Skezas' report in a recent mailing to the BPOA members which accused her and Director Monteleone of withholding information from the public. She felt that the report was unfair and contained inaccurate assumptions concerning the fire tax issue. She stated that she did not feel that she owed apology, because she felt that he used the BPOA to slam her, Director Monteleone and Director Venturi for their actions taken on the Gitlin issue.
H. ACTION AGENDA
2. RELEASE AND DISCUSSION OF DISTRICT COUNSEL'S OPINION ON THE LOT REDUCTION PROGRAM. (CHAPTER 11 OF SPECIFIC PLAN)
Deferred pending District Counsel Neary's arrival.
3. ROUTINE ITEMS
a) CONSIDERATION OF NOTICE OF INTENTION TO FIX WATER AVAILABILITY CHARGE FOR FISCAL YEAR 2002/2003AND SCHEDULE A PUBLIC HEARING FOR 04/23/2002
After a brief explanation by the General Manager, Director Orth moved to approve the notice of intention, and to schedule a public hearing for April 23, 2002. The motion was seconded by Director Venturi, and passed unanimously.
b) CONSIDERATION OF A RESOLUTION PRESCRIBING SEWER STANDBY CHARGE FOR FISCAL YEAR 2002/2003 & SCHEDULE PUBLIC HEARING FOR 06/25/2002
Director Orth moved to adopt Resolution No. 2002-5, a Resolution Prescribing Sewer Standby charge for Fiscal Year 2002/2003.
Director Pohlson asked that the Notice of Filing Report specify that the charges will be imposed solely for financing "Brooktrails" capital improvements. Director Venturi seconded the motion, and a vote was taken as follows:
AYES: Directors: Pohlson, Venturi, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
Resolution No. 2002-5 Adopted.
Director Orth made a motion to set a public hearing for protests for June 25, 2002. The motion was seconded by Director Venturi and passed unanimously.
c) CONSIDERATION OF A RESOLUTION ACCEPTING GRANT DEED FOR A DONATED LOT ON WEASEL PLACE FROM MARIE A. WADE
President Skezas suggested deferring item 3c until after the discussion of item 2. No objections were raised.
d) REVIEW OF ACCOUNTS PAYABLE REPORT AND AUTHORIZATION TO ISSUE CHECKS
Director Venturi questioned why his Directors fees were not included in the report. Board members agreed to add the item. Director Orth asked for clarification of how much longer fees would be payable to Mendocino County EMS, now that the ambulance was out of service.
Director Orth moved to approve the report as amended, and to authorize the issuance of checks. The motion was seconded by President Skezas and passed unanimously.
4. CONSIDERATION OF A LETTER FROM THE WILD TURKEY TRAIL CLUB, RELEASE OF DISTRICT COUNSEL'S 08/15/2000 OPINION ON LIABILITY FOR RECREATIONAL FACILITIES, AND FURTHER DISCUSSION OF THE DISTRICT'S TRAIL MAINTENANCE VOLUNTEER PROGRAM
General Manager Chapman read aloud an excerpt from Government Code §831.8, which provides that "neither a public entity nor a public employee is liable for an injury caused by a condition of certain unpaved roads and trails" and asked the Board to release District Counsel Neary's opinion No. 2000-08. President Skezas moved approval of the draft resolution attached.
Director Pohlson asked that the program be titled "Brooktrails Recreation and Fire Trail Volunteer Program." She recommended designating some of the trails as Îfire trails' which may make it possible to obtain additional funding. She asked that "and/or staff" be added after "As established by the project leaders" under "TIME AND PLACE OF MEETINGS" and that "and/or" be inserted between "Assistant Park Superintendent" and "Director of Emergency Services" under "STAFFING."
Director Orth commented that CDF does not like the term Îfire trails' because they would not put people on those trails during a fire. He also recommended that, with the park bond which recently passed, the focus should be on funding through the Department of Parks and Recreation. Director Pohlson withdrew her request to change the title of the program.
Mike Aplet and Kris Wagner of the Trail Club came forward. Mr. Aplet commented that Director of Emergency Services, Daryl Schoeppner, stated he, also, would not put his crews on the trails during a fire. Ms. Wagner stressed the importance of assuring public access to the fire roads that are available, through acquisition of the properties that serve as the trail heads.
Director Venturi stated his opinion that because the volunteers are working for the District, not just simply using the hiking trails, the District would not be immune from liability. He asked that staff research the requirements of the workers compensation insurance carrier, and that the matter be brought back before the Board with their comments. Director Orth suggested finding examples of volunteer policies in place from other Special Districts.
The Board agreed to bring the matter back pending a response from the insurance carrier. The motion on the floor died, due to lack of second.
5. UPDATE FROM THE GENERAL MANAGER ON THE STATUS OF THE DISTRICT'S WATER RIGHTS APPLICATION THROUGH THE STATE WATER RESOURCES CONTROL BOARD
General Manager Chapman reported that he had spoken with the representative from the State Water Resources Control Board (SWRCB) concerning the proposal to raise the level of Lake Emily by fifteen feet to increase capacity. They advised that the original application could be amended to less than 2,400 acre feet, including the point of diversion. However, water capacity cannot be added without filing an entirely new application. Therefore, if we decide to pursue this option we would have to file for a new permit.
Director Orth provided information concerning proposed legislation on water rights. He spoke in favor of the two application approach, pointing out that raising Lake Emily is a more environmentally friendly project and, if accomplished, would result in the need for a smaller third dam, and create a lesser environmental impact.
Director Pohlson read an excerpt from Chapter 11 of the Specific Plan, stressing the need to pursue the stated goals. Discussion ensued concerning other applications filed for water rights and mitigation measures that may be required should the dam be raised.
Jack Bothwell, of Buckeye Road, spoke in favor of pursuing the raising of the lake.
6. CURSORY REVIEW OF THE FISCAL YEAR 2002/2003 PROPOSED BUDGET, INCLUDING THE CAPITAL REPLACEMENT RESERVE SCHEDULE, AND SCHEDULING OF A SPECIAL MEETING FOR APRIL 20, 2002
General Manager Chapman began with a discussion of the infrastructure and the need to build reserves for replacement of capital items. He credited the public works department for keeping the District's assets in good working order well beyond their useful life, noting that the District is currently$1.6 million behind in its reserve schedule. He reported that this year $100,000.00 cash was transferred into a reserve fund, $50,000.00 of which had already been spent on hand-held meter readers and the charcoal filtering system.
Note: District Counsel Neary arrived at 8:30 p.m.
Using the overhead projector, he reviewed expenditures anticipated during the next fiscal year in the Water department, some of which were compelled by the State Department of Health. He proposed a 5% increase in water rates. He estimated $10,000.00 would be spent on a study to determine appropriate connection fees for both water and sewer, and that an equal amount would be spent on telemetrics between the plant and the tanks. He stated that his goal is to add $100,000.00 per year into the reserve account.
He recommended raising sewer rates by 14.5%, to $17.57, citing the estimated cost for the operations of $265,000.00, which should be covered by the users of the system, and provided a tentative projection of $240,000.00 per year over the next five years. He stressed the need to begin to build reserves in the sewer fund beginning with $25,000.00 this year, and increasing to $50,000.00 in subsequent years, to address repairs needed to the system.
He proposed increasing golf annuals by 3%, and proposed no increase in daily green fees.
As to the Fire Department, he proposed cutting 1,060 staff hours. He reported that the ambulance was for sale, and that the water department had shown interest in the pumper truck which was for sale, to assist with cleaning tanks. He proposed an asset transfer to offset the liability from the fire fund to the water fund.
President Skezas asked that the Finance committee meeting scheduled for April 15th be rescheduled. He and Director Venturi, the other Board representative on the committee, agreed to change it to April 16th at 5:30pm.
2. RELEASE AND DISCUSSION OF DISTRICT COUNSEL'S OPINION ON THE LOT REDUCTION PROGRAM.
(CHAPTER 11 OF SPECIFIC PLAN)
District Counsel Neary pointed out that as an inducement to the County to adopt the Specific Plan the District adopted Resolution No. 1996-33 which he considered a binding commitment to expend up to $10,000.00 per year on the lot merger program, and concluded that the Board could not unilaterally, due to budget concerns, disregard its agreement which was accepted by the Board of Supervisors. However, he added that the Board could ask the County for a reduction or waiver of the fees charged by the County of Mendocino.
Director Orth asked District Counsel Neary to invoice time spent preparing deeds and notarizing documents as a donation to the District, to allow tracking of costs of the program. He suggested the lot donation program be developed into a self-funding program where lots acquired can be released back into the market. He spoke in favor of approaching the County for a waiver or reduction of lot merger fees.
Director Venturi felt that the resolution did not prohibit the District from noticing the County that for a specified period of time the District would not entertain lot merger applications for budgetary constraint purposes, after which time it could reevaluate the budget. President Skezas clarified that the proposal was to cease contributing financially, although staff would continue to assist with paperwork.
Director Orth encouraged continued acceptance of donated lots to facilitate downsizing of the community.
A break was called to change the tape.
BREAK at 9:01 p.m. - RECONVENE at 9:06 p.m.
Director Pohlson asked for clarification of the District's liability for lot merger fees on a cash basis. She pointed out that the County, also, is losing on merged lots, both in money from property taxes and potential available housing.
Director Orth asked that administrative costs of the merger program be researched, and that the Board open negotiations with the County as to its obligation for costs related to the merger program. Pointing out that the District is well ahead of the reduction goal in comparison to lots developed, he felt it would be justified to take the time to adjust and develop a sales program.
District Counsel Neary advised the Board that if they wish to repudiate the commitment to the Board of Supervisors that they do so by Resolution, not by motion. He cautioned that to do so would be bordering on breach of contract.
Director Orth suggested, as an alternative, that staff develop a sales program and a policy whereby when sales occur the funds will flow back into the merger program, and as funds become available mergers will go forward. He clarified that restrictions could be placed on the deed as a condition of sale.
President Skezas asked for an update of the lot merger program at the next meeting.
In response to Director Venturi, District Counsel Neary outlined the process required to sell District surplus property. It was his opinion that because the District is ahead of the reduction goal, it could sell some donated lots simply as a means to raise revenue, and that those funds would be discretionary.
Director Pohlson pointed out that if the District were to merge adjoining donated parcels prior to offering them for sale, it would still result in fewer potential single family residences.
Bob Houtz, of Harrah Drive, suggested notifying the adjoining property owners of donated lots for sale.
3c) CONSIDERATION OF A RESOLUTION ACCEPTING GRANT DEED FOR A DONATED LOT ON WEASEL PLACE FROM MARIE A. WADE
Director Orth moved to adopt Resolution No. 2002-6, a Resolution Accepting Grant Deed for a Donated Lot on Weasel Place from Marie A. Wade. The motion was seconded by President Skezas.
Director Venturi suggested developing the lot sale program prior to accepting further lot donations. Director Pohlson agreed to support the motion, but asked that no further donations be considered until the lot sale program is developed.
AYES: Directors: Pohlson, Orth, Skezas
NOES: Directors: Venturi
ABSENT: Directors: None
Resolution No. 2002-6 Adopted.
I. SPECIAL REPORTS - GENERAL MANAGER
General Manager Chapman reported that he had received a response from County Clerk-Recorder Marsha Wharff to his letter concerning the cost of the Fire Tax election.
Also, a letter had been received from a local contractor appealing the District Architect's decision requiring gutters and downspouts on a house on Goose Road.
President Skezas questioned the necessity of reviewing accounts payable and warrants.
General Manager Chapman reported that he was scheduling a special meeting to discuss the budget on April 20, 2002.
Board members reviewed the upcoming agenda items. No changes were proposed.
J. PUBLIC COMMENTS
None
K. ADJOURNMENT
Director Orth moved to adjourn and President Skezas declared the meeting of April 9, 2002 closed at 9:38 p.m.
GEORGE SKEZAS, President
MICHAEL V. CHAPMAN, Secretary to the Board of Directors
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