 |
MINUTES
BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
BROOKTRAILS COMMUNITY CENTER
24850 Birch Street, Willits, CA 95490
June 25, 2002 |
The Board of Directors of Brooktrails Township Community Services District met in regular session on
June 25, 2002 at 7:05 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 were General Manager Chapman and District Counsel Neary. Director Horrick participated through teleconferencing from 504 Waverly Road in Davenport, IA.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
Director Pohlson asked that item 8 be moved to Action Agenda. President Skezas asked that item 6 be moved to Action Agenda. No objections were raised.
President Skezas read a written statement concerning the fact that adding items 15 and 16 to the agenda was a violation of District law, as they were not listed on the agenda of June 11th as required by Ordinance No. 93. He stated that he had called the Mendocino County Water Agency and Senator Barbara Boxer's office to confirm that the items were not an "emergency." He asked District Counsel Neary to make an assessment of his statements.
District Counsel Neary commented that the Board can determine if the term "emergency" means an emergency or time sensitive. Because there did not seem to be an urgency, he concluded there would be no harm to defer the items, although he did not feel that Ordinance 93, as amended, would be the determining factor.
President Skezas moved to remove items 15 and 16. Director Orth seconded the motion, as he had approved the agenda in the President's absence, and because the Board was considering amending the controlling ordinance. He added that he had comments on the letter to Barbara Boxer which he would now not be able to make.
Director Pohlson voiced concern about "micro-managing." She asked that the items be left on the agenda.
A vote was taken on the motion as follows:
AYES: Directors: Horrick, Orth, Skezas
NOES: Directors: Pohlson, Venturi
ABSENT: Directors: None
Motion Carried.
D. MINUTES OF PREVIOUS MEETINGS
June 11, 2002
District Counsel Neary recommended that the Board table the minutes until a response could be prepared to President Skezas' request that the action taken at the June 3, 2002 meeting be rescinded. Director Pohlson moved to do so. Director Orth seconded the motion.
General Manager Chapman asked that the portion of the minutes concerning the Brooktrails Lodge be approved and forwarded to Frank Lynch, at the County Department of Planning and Building. Director Pohlson amended her motion to approve Action Agenda Item 8, but asked that on page 3287, the sentence "After conferring with Mr. Wilson, Director Pohlson suggested that the meters be placed on the private road on the lodge property, which would conform to section 2-206 and 2-503 of the Utilities Code." be added as the second sentence of the paragraph after the break.
Director Orth amended his second, and the motion passed unanimously.
President Skezas read a written statement noting that he had provided staff with an incorrect copy of his written statement concerning the June 3rd special meeting. He pointed out that the corrected statement accurately reflected what was said, and apologized if the incorrect statement had offended anyone.
E. SPECIAL PRESENTATION
None
F. PUBLIC HEARING
2. HEARING ON WATER AVAILABILITY CHARGES
President Skezas opened the public hearing at 7:17 p.m. Hearing no comments, he closed the public hearing at 7:18 p.m.
Director Orth made a motion to adopt the report on Water Availability Charges, as presented. The motion was seconded by Director Venturi and passed unanimously.
3. HEARING ON SEWER STANDBY CHARGES
President Skezas opened the public hearing at 7:19 p.m. Hearing no comments he closed the public hearing at 7:20 p.m.
Director Venturi moved to adopt the report on Sewer Standby Charges as presented. The motion was seconded by Director Orth and passed unanimously.
4. PROPOSED RATES AND FEES ADJUSTMENTS FOR WATER AND SEWER RATES AND FEES AND GOLF COURSE GREEN FEES AND ANNUALS
General Manager Chapman explained that the motivation behind the rate increases was the need to protect the infrastructure. He provided a brief review of the projects that were scheduled for the upcoming fiscal year.
President Skezas opened the public hearing at 7:24 p.m. Robert Terry of Poppy Lane came forward to voice support for the rate increases. Director Orth commented that one letter of support had been received from Richard Estabrook. Hearing no other comments, President Skezas closed the public hearing at 7:25 p.m.
Director Orth moved to adopt Resolution No. 2002-18, a Resolution Repealing Resolution No. 2001-15 and Establishing Rates and Charges for Water and Sewer Utility Connections and Services. The motion was seconded by Director Venturi and the vote was taken as follows:
AYES: Directors: Pohlson, Venturi Horrick, Orth
NOES: Directors: Skezas
ABSENT: Directors: None
Resolution No. 2002-18 Adopted.
After the vote, President Skezas read a written statement into the record as follows:
"As stated, these rates are based on the budget for the upcoming year. These rates raise sewer rates by nearly 15% and water rates by 5% and water usage rates as well. This is on top of increases in sewer rates of 13.3 % in 97, 11.8% in 98, 10.5% in 99, 9.5% in 2000, and 33.5% in 2001. Similarly water rates have been raised 18.75% in 99, 19.20/o in 2000, and 5% in 2001. I had suggested a number of ways to cut these rates by substantial amount.
Specifically, funding for the clearwell financing ($24,000) 37.5% of the overall rate rise will not be required during the coming fiscal year as that is principal and interest on an approximate loan of $500,000. That loan will not be executed for some time and the first annual payment would not be due until the following FY at the earliest.
I further suggested reduction of vehicle cost to at least the current year's level. Our utility workers routinely drive their vehicles home at night just in case they are called out for a sewer spill or water leak problem. Paying mileage when these folks are called in on emergencies makes more sense and reduces wear and tear and vehicles. This could save an additional $8500 or 13.25% of the rate increase for water and sewer.
I further questioned increasing general fund overtime by 117%, and comp time by 51%.Water department overtime was increased 285% and comp time by 52%. Sewer department overtime was increased 301% and comp time by 52%. Reduction to last year's budget levels would save 19.33 % of the rate increase for water and sewer.
I suggested moving the sick/vacation accrual catch up program from a 4 year program to a six year program saving an additional $6799 or 10.6% of the rate increase for water and sewer. The Board at a special meeting voted to increase PERS retirement contributions by $4323 or 6.75% of rate increase for water and sewer and above a required increase for the existing programof $4626 due to the poor performance of the stock market.
These few items would not effect the infrastructure improvements needed by this district which I support and would reduce your rate increase by 87.43%. This would be a more reasonable increase which I would support."
Director Pohlson left the table due to a conflict of interest, as her husband is employed by the District as Assistant Parks Superintendent.
Director Orth moved to adopt Resolution No. 2002-19, a Resolution Establishing Fees and Charges for The Use of the Brooktrails Golf Course.
The motion was seconded by Director Venturi and the vote was taken as follows:
AYES: Directors: Venturi, Horrick, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
ABSTAIN: Directors: Pohlson,
Resolution No. 2002-19 Adopted.
G. PUBLIC COMMENTS
None
H. CONSENT CALENDAR
5. REVIEW OF ACCOUNTS PAYABLE REPORT AND AUTHORIZATION TO ISSUE CHECKS
Director Orth moved to approve the accounts payable report and to authorize issuance of checks. The motion was seconded by Director Venturi and passed unanimously.
7. REVIEW OF COST ESTIMATE FOR MODIFICATION TO GOLF COURSE TEE NO. 9
After a brief review of the work to be done at a cost of approximately $300, Director Orth moved to approve the work.. The motion was seconded by Director Venturi and passed unanimously.
I. ACTION AGENDA
8. CONSIDERATION OF A RESOLUTION ESTABLISHING SALARY, WAGE, FRINGE BENEFIT PLAN AND FEE SCHEDULE FOR ALL EMPLOYEES AND OFFICERS OF THE DISTRICT, EFFECTIVE JULY 1, 2002
Director Pohlson left the table due to a conflict of interest, as her husband is an employee of the District.
Director Venturi moved to adopt Resolution No. 2002-20, a Resolution Establishing Salary, Wage, Fringe Benefit Plan and Fee Schedule for All Employees and Officers of the District, Effective July 1, 2002.
The motion was seconded by Director Orth and the vote was taken as follows:
AYES: Directors: Venturi, Horrick, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
ABSTAIN: Directors: Pohlson,
Resolution No. 2002-20 Adopted.
9. CONSIDERATION OF A RESOLUTION TO AMEND CALPERS CONTRACT TO ALLOW EMPLOYEE RETIREMENT BENEFITS TO BE CALCULATED ON A ONE-YEAR FINAL COMPENSATION BASIS
General Manager Chapman briefly reviewed the proposed amendment to the contract and the effect that it would have on the budget. Director Orth moved to adopt Resolution No. 2002-21, a Resolution authorizing amendment to the contract between the District and CalPers.
The motion was seconded by Director Venturi and the vote was taken as follows:
AYES: Directors: Venturi, Horrick, Orth,
NOES: Directors: Skezas
ABSENT: Directors: None
ABSTAIN: Directors: Pohlson,
Resolution No. 2002-21 Adopted.
President Skezas stated that he was opposed to the action because he believed that the meeting held on
June 3, 2002 was in violation of the Brown Act, and felt that this action should be deferred until there was a response to that complaint. He also voiced concern about the cost of the amendment and the fact that the employees of the District do not pay a portion of the cost.
10. CONSIDERATION OF A RESOLUTION ADOPTING THE FINAL BUDGET FOR FISCAL YEAR 2002/2003
After a brief introduction by the General Manager, President Skezas opened the floor for comments.
Mr. Naikang Chang, Brooktrails property owner residing in Oakland, CA, came forward and asked that he be mailed a copy of the budget. General Manager Chapman agreed to do so.
Bob Terry of Poppy Lane came forward to urge the Board to place as much emphasis as possible towards cost reduction and building reserves.
Director Orth commended the General Manager for the dramatic improvements made to the District's finances during the last two years.
Director Pohlson made a motion to adopt Resolution No. 2002-22, adopting the Final Budget for Fiscal Year 2002/2003, as presented.
The motion was seconded by Director Orth, and the vote was taken as follows:
AYES: Directors: Pohlson, Venturi, Horrick, Orth
NOES: Directors: Skezas
ABSENT: Directors: None
Resolution No. 2002-22 Adopted.
President Skezas reiterated his opposition to the rate increases which were based on the budget, as previously stated.
6. CONSIDERATION OF ANNUAL FINANCIAL STATEMENTS FROM SOLID WASTES OF WILLITS
Gerald Ward, of Solid Waste of Willits, came forward to answer questions from the Board. He explained that the new contract did not require an audited statement, but the financial statements were reviewed and prepared by the same accounting firm as in the past.
Director Orth noted the increase in profit, which Mr. Ward confirmed was a result of the long-haul contracts. Mr. Ward also answered questions concerning transportation, and recycling.
Mr. Ward noted that the operations in Brooktrails showed a loss because materials collected in the curbside recycling program did not generate revenue until 2002, and because the rate increases did not go into effect until 2002, even though the cost of worker's compensation, health, and liability insurance increased.
President Skezas thanked Mr. Ward for attending. Director Orth made a motion to receive the annual financial statements of Solid Wastes of Willits. The motion was seconded by Director Venturi and passed unanimously.
11. REVIEW OF ORDINANCE NO. 93 AND AMENDING ORDINANCE NO. 118
General Manager Chapman reviewed the changes proposed to Ordinance No. 93, and addressed the reasons staff was requesting that Ordinance No. 118 be repealed.
Director Orth commented on what he felt was the original intent of Ordinance No. 118, noting that it had resulted in too much control over what could be placed on the agenda. He moved to introduce Ordinance No. 119, an Ordinance amending Ordinance No. 93 to amend Section 3.05 Order of Business; to amend Section 6.03(a) Correspondence from the District, and Repealing Ordinance No. 118. The motion was seconded by Director Venturi.
Director Venturi suggested rewording the proposed Ordinance so that Board members wishing to add items to the agenda notify the General Manager prior to 12:00 noon of the working day prior to the day on which the agenda must be posted.
Director Pohlson voiced concern that Ordinance No. 118, as adopted, could exclude Board members from placing items on the agenda. She suggested it read "The Board at its meeting will by consensus (voting if necessary) determine what the priority should be i.e. high, medium or low, relative to scheduling by the General Manager" striking the phrase "if the item should be considered at a future meeting."
President Skezas pointed out that the changes proposed by Ordinance No. 119 did not change the process by which Board members add items to the agenda, it simply excluded the General Manager and District Counsel from that provision, and removed the term "emergency", which as defined by the Brown Act means public safety issue, replacing it with "important." He also pointed out that Ordinance 118 did not repeal Ordinance 106, which establishes section 3.05 in detail, although he asked that the word "possible" in section "j" item "v." be changed to "proposed."
Director Venturi suggested striking the phrase "Unless the General Manager deems it to be an important item, the item will be placed on the upcoming agenda list under section "j" above." This would still allow the Board to determine if any item should be considered, or deferred to the next meeting.
Director Orth withdrew his motion, pending the rewording of Ordinance No. 119 and further clarification of the need to amend Section 3.05. Director Venturi withdrew his second.
After further discussion, Board members agreed to strike all language after the sentence "Board members desiring items on the agenda shall notify the General Manager prior to 12:00 noon of the working day prior to the day on which the agenda must be posted" and that no changes were proposed to Section 2.
Director Orth moved to waive further reading, and introduce Ordinance No. 119, an Ordinance amending Ordinance No. 93 to amend Section 3.05 Order of Business; to amend Section 6.03(a) Correspondence from the District, and Repealing Ordinance No. 118. The motion was seconded by Director Venturi.
Director Horrick voiced his agreement with the proposed changes.
President Skezas pointed out that, although there is no written guidance, it has been tradition that the Secretary to the Board of Directors, the General Manager, coordinates with the presiding officer on the agenda prior to its posting. Director Orth suggested that it be formalized at the next annual planning session.
In response to concerns raised by General Manager Chapman, Director Venturi asked that a statement be added that the General Manager and District Counsel may add items to the agenda prior to 12:00 noon on the day on which the agenda must posted.
A vote was taken on the motion which passed unanimously.
12. DECLARE THREE PUBLIC USE LOTS AS SURPLUS PROPERTY, AND NOTICE OF INTENTION TO SELL
General Manager Chapman reviewed the proposed sales, two lots on Dogwood Terrace and one on Ridge Road, noting that all three lots were donated by Tom Porter and were appraised in 2000.
Director Orth suggested that the minimum bid for the lots be set at 50% of the appraised value. However, he commented that lots that could be developed should be set at a higher value.
President Skezas noted that in Sale #1 the two lots on Dogwood Terrace would be merged with the buyer's adjoining lot. He asked for clarification of the merger plans for Sale #2, which involved four other lots. General Manager Chapman suggested that Sale #2 be deferred to the next meeting for further clarification with the buyer.
Director Pohlson asked that in the sixth "Whereas" of the proposed resolution, the phrase "the water, sewer and fire department(s) for continuation of the lot merger and reduction program" be changed to "the District's General Fund for the lot reduction program, to purchase lots of community value, and to fund fire abatement of District and donated lots."
President Skezas pointed out that District and donated lots are public land and can be abated by CDF crews. He suggested the wording be changed to "abatement of private properties." Director Pohlson agreed to the change.
Bob Terry of Poppy Lane voiced concern that requiring merger with the adjoining parcel would preclude the District from maximizing returns on sale of surplus property. Director Orth explained that donated lots were only available for certain purposes, one of which is to facilitate a lot merger.
District Counsel Neary suggested that there be a requirement that the bid contain a proposal for a means by which the sale will accomplish the reduction of one buildable lot.
Mike Aplet came forward to express appreciation that the Board was not trying to dismantle the lot reduction program, and encouraged the Board to utilize the profits to reimburse those funds which have lost revenues as a result of the lot reduction programs.
Director Orth moved approval of Resolution No. 2002-23, a Resolution for the Sale of Surplus Property, with the addition of a statement that the minimum bid should be 50% of the appraised value.
The motion was seconded by Director Pohlson, and the vote was taken as follows:
AYES: Directors: Pohlson, Venturi, Horrick, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
Resolution No. 2002-23 Adopted.
13. RELEASE OF DISTRICT COUNSEL NEARY'S OPINION DATED JUNE 12, 2002, CONCERNING A LETTER TO CALTRANS REQUESTING A 90 DAY EXTENSION TO THE EIR COMMENT PERIOD
Based upon District Counsel's opinion, Director Orth dropped his suggestion that a letter be sent requesting an extension to the 90 day comment period.
14. CONSIDERATION OF LETTERS TO THE COUNTY DEPARTMENT OF TRANSPORTATION AND TO MCOG TO REQUEST RESTORATION OF PLANNING FUNDS FOR THE BROOKTRAILS SECOND ACCESS
President Skezas suggested that letters be sent to CalTrans, the Board of Supervisors, and to MCOG with copies to the Director of the County Department of Transportation.
Director Orth felt that the focus should be on getting the County Department of Transportation, the Board of Supervisors and MCOG to make formal comments to the EIR calling on CalTrans to recognize the Brooktrails second access project as a concurrent project to the 101 Willits Bypass.
After further discussion, President Skezas clarified the consensus of the Board that four separate letters be written, one to the County Department of Transportation, one to the Board of Supervisors, and one to MCOG, all signed by the General Manager, and one to CalTrans signed by the Board President. Director Orth asked that the letters to the Department of Transportation and MCOG specifically request that they prepare comments for the EIR specific to the Brooktrails second access road, and invite them to the meeting of July 23rd to present those comments to the Board.
15. CONSIDERATION OF A LETTER TO THE MENDOCINO COUNTY WATER AGENCY
Deferred.
16. CONSIDERATION OF A LETTER TO SENATOR BARBARA BOXER IN SUPPORT OF THE CALIFORNIA AFFORDABLE QUANTITY AND QUALITY WATER ACT
Deferred.
17. APPROVAL OF GENERAL MANAGER'S PROPOSAL TO UPGRADE THE DIRECTOR OF EMERGENCY SERVICES POSITION TO FIRE CHIEF
In response to Director Venturi, General Manager Chapman explained that he was proposing the upgrade because the Director of Emergency Services is serving as a Fire Chief, noting that no change was made to the job description, and because many documents must be signed by the Fire Chief. He explained that the current budget did take into account the increased expense, and he outlined the schedule proposed for the selection process. He stated that he considered the selection of the Fire Chief to be a separate issue from those that were to be addressed by the Fire Department Board Advisory Committee.
Director Venturi asked that the selection committee include a member of local law enforcement familiar with the emergency evacuation plan for the District, such as the Sheriff's Department or Highway Patrol.
Director Pohlson pointed out that personnel recommendations were a part of the ad-hoc committee's purposes. She spoke against the concept of raising the Fire Chief's position and the pay while cutting hours and services in the department, and pointed out that other employees in Water and Administration were turned down for upgrading of their position even though they have the qualifications and have been performing the duties of a higher job classification for years.
With regards to documents which require the signature of the Fire Chief, Director Venturi provided clarification that it is not necessarily the title, but rather the duties and authorities of the position, that are at issue.
Director Orth voiced support for the upgrade to Fire Chief, noting that it was what the voters approved in 1981. He also voiced support for every employee working within a job classification being paid for the work they are doing. He made a motion to approve the upgrading of the position of Director of Emergency Services to Fire Chief to be effective at the conclusion of the hiring process, and to include a member of law enforcement on the screening committee. The motion was seconded by Director Horrick.
Director Venturi suggested upgrading the position without increasing pay. He voiced concern that the Director of Emergency Services position would remain on the salary resolution in addition to the Fire Chief, and that the elimination of the "billet" was not addressed in the proposal. District Counsel Neary commented that it is a policy decision which would be addressed at the time the position was filled, and that approval of the budget establishes the staffing level.
Chuck Hardin, resident of Willow Place and member of the Finance Committee, pointed out that the Board hired a manager and passed a budget, and encouraged the Board to allow the Manager to manage within that budget.
A vote was called on the motion, which was taken as follows:
AYES: Directors: Venturi, Horrick, Orth, Skezas
NOES: Directors: Pohlson
ABSENT: Directors: None
Motion Carried.
J. SPECIAL REPORTS - GENERAL MANAGER
The Board reviewed the upcoming agenda items for July 9th, noting the addition of items 15 and 16 which were deferred, and the resolution for the lot sale on Ridge Road. They confirmed that Phil Dow, with MCOG, and Gene Calvert with the County Department of Transportation would be invited to attend on the 23rd, to provide comments on the CalTrans EIR for the Willits Bypass.
Director Pohlson asked that the report from the Recreation Committee be moved from July 9th to the 23rd.
K. PUBLIC COMMENTS
Director Pohlson asked that the letter to the Mendocino County Water Agency include an estimate of costs for the infrastructure for the water system for growth to about 3,000 SFRs, or a ten year period. President Skezas asked that the comment about pursuing alternative financing be struck from the letter.
Director Orth asked that the Barbara Boxer letter include a statement concerning the legal standing of the District in relation to the City of Willits' sewer treatment facility.
In response to President Skezas, General Manager Chapman stated that a copy of the minutes for the June 11th meeting would be sufficient response to Frank Lynch, Supervising Planner, for the Brooktrails Lodge use permit hearing scheduled for July 18th.
L. ADJOURNMENT
Director Orth moved to adjourn and President Skezas declared the meeting of June 25, 2002 closed at 10:00 p.m.
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
GEORGE SKEZAS,
President |
|
 |
