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MINUTES
BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
BROOKTRAILS COMMUNITY CENTER
24850 Birch Street, Willits, CA 95490
March 12, 2002 |
The Board of Directors of Brooktrails Township Community Services District met in regular session on March 12, 2002 at 7:04 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.
President Skezas announced that Susan Monteleone had resigned from the Board of Directors for personal reasons. For the record, District Counsel Neary outlined the procedure for filling a vacancy on the Board.
REPORT ON CLOSED SESSION
President Skezas reported that the Board had met in closed session, given direction to Labor Negotiator, Mike Chapman, and had met with Legal Counsel regarding anticipated litigation.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
General Manager Chapman asked that the Specific Plan report be deferred. No objections were raised.
D. MINUTES OF PREVIOUS MEETINGS
February 26, 2002
Director Venturi moved to approve the minutes of February 26, 2002, as written. Director Orth asked that the phrase "and consider purchasing a ladder truck if the fire tax measure passes" be struck from the second paragraph of item 8. Director Venturi amended his motion to include the change. Director Orth seconded the motion, which passed unanimously.
E. SPECIAL PRESENTATION - None
F. PUBLIC HEARING
2. CONSIDERATION OF ORDINANCE NO. 118
President Skezas outlined the proposed amendments to Ordinance 93. Director Pohlson asked that in Section 1 the phrase in the fifth sentence "if the item should be considered at a future meeting and if so" be struck, so that the sentence would read "The Board at its meeting will by consensus (voting if necessary) determine what priority should be given to the item i.e. high, medium, or low, relative to scheduling by the General Manager." She pointed out that when you have a constituency, they have a right to be heard before the Board, and voiced concern that as written, certain agenda items may be excluded. She made a motion to amend the ordinance. Motion died due to lack of a second.
President Skezas then opened the public hearing at 7:13 p.m. No audience members came forward, and the public hearing was closed at 7:14 p.m. He called for a motion to waive further reading and adopt Ordinance No. 118. Director Orth stated "So moved." Director Venturi seconded the motion.
Director Pohlson asked for clarification of the manner in which known errors are to be corrected by the General Manager, as specified in Section 2.
General Manager Chapman stated that he would write a letter to the editor, should it be an error in the newspaper. As to other publically circulated documents, such as a newsletter from BPOA to its members, District Counsel advised the General Manager to act on a case-by-case basis at his discretion.
A vote was taken on the motion as follows:
AYES: Directors: Pohlson, Venturi, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
Ordinance No. 118 Adopted.
G. PUBLIC COMMENTS - None
H. ACTION AGENDA
3. REPORT FROM THE GENERAL MANAGER ON THE ELECTION OF MARCH 5, 2002 AND THE PROPOSED REDUCTIONS IN THE FIRE DEPARTMENT BUDGET
Utilizing the overhead projector, General Manager Chapman displayed a list of items that would have to be addressed, including staff, volunteers, backup ambulance, hazard abatement program, capital equipment, CDF and Little Lake.
He reviewed his proposals including reduction in staff hours, retaining the position of Director of Emergency Services, as opposed to Fire Chief, continuing to expend funds on training, retaining the ambulance, outsourcing the ambulance billing, and curtailing the abatement program.
He reported that District Counsel Neary had advised him that liens are placed upon the owner, as opposed to the property, which poses the risk of the District being unable to collect for costs incurred for abatement. District Counsel Neary provided guidance as to how the District can protect itself from such losses.
As to capital equipment, he pointed out that there will not be funds available to build reserves for new equipment. He stated his intention to sell one of the older fire trucks and apply the funds to the purchase of protective clothing and to the negative fund balance.
He outlined options available with CDF and Little Lake Fire District. Director Orth reported that LAFCO is currently dealing with a fire department annexation issue, and that the Howard Jarvis Taxpayers association has taken the position that a vote of annexation does not transfer tax rights. District Counsel Neary commented that the issue was still being litigated.
General Manager Chapman also proposed setting up an advisory committee to assess the reasons that the tax measure failed.
Director of Emergency Services Daryl Schoeppner took the podium. He recommended selling the ambulance, pointing out the need to utilize available funds for protective clothing. He reported that a fund had been established for protective clothing, and that a donation of $1,000 had been received from a local resident. While recognizing the need for the hazard abatement program, he did not feel that the District could afford it, and proposed concentrating only on specific hazards and promoting maintenance agreements between lot owners and contractors. He encouraged the continued training of fire fighters, supported both in-house and out-sourced training, and he felt that there would be higher costs of fire services of programs available through CDF and Little Lake.
Director Orth spoke in favor of selling the ambulance and utilizing funds for equipment and training, but felt that the County EMS Director should address the Board prior to making a formal decision. As to the abatement program, he spoke in favor of adopting CDF standards and abating those lots which are the subject of complaints.
President Skezas spoke in favor of the staff cuts proposed by the General Manager, but felt that the Director of Emergency Services should be titled Fire Chief. He supported increased training, selling the ambulance, and reimbursing the service clubs for the donations received. He supported Mr. Schoeppner's recommendation regarding the abatement program, and selling the fire truck. He suggested reducing the number of volunteers to only the number that can be outfitted. He agreed that the District can not afford CDF or Little Lake, and spoke in favor of pursuing another tax measure in November.
Director Pohlson spoke in favor of establishing an ad-hoc committee for the purpose of addressing the problems in the department and regenerating community support. She suggested asking the other agencies that utilize the ambulance service for support, rather than selling it, and spoke in favor of funding for training. As to the abatement program, she proposed defining the overall goals and developing the process to best meet those goals.
Director Venturi spoke in favor of continued training and selling the ambulance. He commended the Director of Emergency Services for his memo to the Board and for the consistency in his position before and after the election.
Alicia Walter, of Poppy Drive, voiced concern about increased insurance rates. Mr. Schoeppner provided a summary of the Insurance Services Odds (ISO) rating and its effect on rates.
Angela Remolif, volunteer fire fighter, and resident of Robin Circle, stressed the need to look to the future, and stated that she would be leading a petition drive to place the tax measure on the ballot in November.
Residents who voiced their support for the department included Mike Aplet, of Hawk Drive, Bob Houtz, of Harrah Drive, Bob Vogt, of Goose Road, Patricia Cornell, of Robin Place, Bob Terry, of Poppy Lane, Hal Wagenet, of Sherwood Road, Dick Robie, of Cobb Drive, Ned McKinnon, volunteer fire fighter, and Bryan Miller, Oriole Drive.
Director Venturi made a motion to discontinue ambulance service effective immediately, to give direction to staff to look into the sale of Engine 5270, and the ambulance vehicle, and that a limited abatement program be developed by Mr. Schoeppner, and brought to the Board for direction. Director Orth seconded the motion. President Skezas asked Director Venturi to amend his motion to support the formation of an ad-hoc committee. Director Venturi so amended his motion and Director Orth amended his second. A vote was taken on the motion as follows:
AYES: Directors: Pohlson, Venturi, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
The Board asked staff to make recommendations with regards to staffing of the committee.
4. APPOINTMENT OF BOARD MEMBER TO SOLID WASTE TASK FORCE COMMITTEE
Director Venturi volunteered to serve on the Solid Waste Task Force Committee. His appointment was unanimously confirmed by the Board.
5. CONSIDERATION OF BALLOT FROM LAFCO FOR THE SPECIAL DISTRICT REPRESENTATIVE
Director Orth highly recommended candidate Camille Ranker, and made a motion that the Board cast its ballot in her favor. Director Venturi seconded the motion, and a vote was taken as follows:
AYES: Directors: Pohlson, Venturi, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
A break was called to change the tape.
BREAK at 8:45 p.m. - RECONVENE at 8:51 p.m.
6. REVIEW OF LOT REDUCTION PROGRAMS
General Manager Chapman summarized the information in the staff report, noting that the number of lots reduced related to the number of lots developed was ahead of the target outlined in the Specific Plan, resulting in an accelerated rate of revenue loss compared to what was initially anticipated. Also, he outlined the effect a future moratorium would have on the revenues from assessments.
Director Venturi explained that his motion at the January 26th meeting was not to eliminate the lot reduction programs, but that the District temporarily stop paying a portion of the lot merger fees. Director Orth added that the Board had not yet developed a program to resell donated lots that have been reconfigured. Director Pohlson spoke in favor of the District not paying a portion of the fees, and felt that the loss of revenues should be addressed each year through the rate process.
Mike Aplet, of Hawk Drive, suggested the Board target certain areas for reduction.
Utilizing the overhead projector, Richard Estabrook, resident of Primrose Drive, provided a summary of a study which he had prepared in 1999 while serving on the Board. He concluded that, based on 40 units built per year and 20 lots reduced per year, the cost of the lot reduction programs is about $1.00 per month on the average water and sewer bill. Also, he pointed out the ultimate savings resulting from the lot reduction programs, should the District not have to build a new dam. Director Venturi stated his opinion that a two-year break in the program, so that the District could stop losing money, would not be detrimental.
Director Orth reminded the Board that the franchise fee reimburses the fire department for revenues lost as a result of lot reductions, as it can only raise funds by a tax increase. Sewer and water costs can be recaptured by raising user rates accordingly.
Superintendent of Utilities, Wendell Wilson, suggested the public be made aware that they are paying for the lot reduction programs on their monthly bills.
Mr. Estabrook expressed doubt about the validity of the 3,500 break-even point, pointing out that rates and fees increase as a result of growth. He noted that the number of voluntary lot mergers without assistance would not be sufficient to meet the goals of the Specific Plan, and that cutting the incentive programs would only save 1.6% of the annual budget.
He stressed the effect of growth and inflation on the budget, and stated his opinion that suspending the lot reduction programs, even temporarily, would change the goals of the Specific Plan, even if that were not the intention of the Board. He called attention to page 11.2-1 of the Specific Plan which states that it is the District's obligation to see that the goals and policies of the plan are followed. He pointed out that the entire Specific Plan is based on the assumption that the number of lots in the District will be reduced by 2,000, and that suspending the lot reduction programs will require reconsideration of the development limit and therefore a supplemental EIR to detail the mitigation and impacts of 6,000 lots as opposed to 4,000 lots. He challenged the authority of the Board to change the policy of the Specific Plan, as the County Board of Supervisors was the authorizing agency, and cautioned the Board about the possibility of action by the property owners that lose development rights if there were a moratorium at 2,000 homes.
Director Orth pointed out that the District is not obligated to pay a portion of the lot merger fees, and suggested that acceptance of donated lots be based on the number of lots developed in the prior year.
District Counsel Neary commented that he was in the process of developing a legal opinion on the matter, which he hoped to have completed by the next Board meeting.
A brief question and answer session ensued with the Willits News reporter, Claudia Reed. Randy Eads commented that the County had raised its fees for boundary line adjustments, which would result in increased costs to the District if it continues to contribute.
President Skezas asked that further discussion be deferred until after the legal opinion was received from District Counsel Neary.
7. REVIEW POTENTIAL CHANGES TO SPECIFIC PLAN
Deferred.
8. REVIEW OF ACCOUNTS PAYABLE REPORT AND AUTHORIZATION TO ISSUE CHECKS
General Manager Chapman reported that District Secretary Joanne Cavallari had received her Notary Commission, and that one item had been added to the report for notary supplies. Director Orth moved to approve the accounts payable report, as amended, and to authorize issuance of checks. The motion was seconded by Director Venturi and passed unanimously.
I. SPECIAL REPORTS - GENERAL MANAGER
General Manager Chapman reported that Ruth Goodfield, of Eel River Watershed Improvement Group (ERWIG) had received an additional grant in the amount of $25,000 from the Department of Fish and Game for streambed restoration in the District.
He also reported that a sewer pump had failed which will cost $3,000 to replace.
Director Pohlson asked for clarification of the way fuel expense is allocated between departments.
The Board received the minutes of the Safety Committee meeting of December 4, 2001.
J. PUBLIC COMMENTS
Mike Aplet reported that sufficient funds have been raised for the Joan LeFeat memorial bench.
K. CLOSED SESSION
The Board adjourned to closed session at 10:09 p.m. for the quarterly performance review of the Director of Emergency Services. They reconvened to open session at 10:36 p.m.
K. ADJOURNMENT
Director Venturi moved to adjourn and President Skezas declared the meeting of March 12, 2002 closed at 10:37 p.m.
GEORGE SKEZAS, President
MICHAEL V. CHAPMAN, Secretary to the Board of Directors |
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