The Board of Directors of Brooktrails Township Community Services District met in regular session on March 26, 2002 at 7:00 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.
REPORT ON CLOSED SESSION
President Skezas reported that on March 12, 2002, a closed session was held at the end of the meeting, and it was decided that the Fire Chief would be reporting to the General Manager in the future, as opposed to the Board.
He also reported that the Board had just met in closed session to receive counseling on anticipated litigation, one case.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
None
D. MINUTES OF PREVIOUS MEETINGS
March 12, 2002
Director Venturi moved to approve the minutes of March 12, 2002. Director Orth asked that on page 3256, under item H, in the last sentence, the phrase "cast doubt over the suitability of programs available through CDF or Little Lake" be struck and the phrase "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." Also, on page 3257, he asked that the third paragraph from the bottom, read "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." Director Venturi amended his motion, which was seconded by Director Orth. Motion passed unanimously.
E. SPECIAL PRESENTATION - None
F. PUBLIC HEARING - None
G. PUBLIC COMMENTS - None
H. ACTION AGENDA
2. NOTICE OF VACANCY ON BOARD OF DIRECTORS, AND DISCUSSION REGARDING FILLING THE POSITION
General Manager Chapman reported that the vacancy had been posted on March 13, 2002 and that no letters had been received to date. He noted that an e-mail had been received from former Board member Richard Estabrook offering advice to consider when selecting a Director.
Director Pohlson read a written statement as follows: "Susan was an asset to this Board, and she did her homework. She was faithful to her constituents. She was attacked on a personal basis, sometimes, because her views were different from other members of this Board. This Board should not represent just one view, and I quote Thomas N. Gardner who taught ethics at U.S.C., "Cutting someone off or manipulating the agenda to ensure that only one point of view is heard undermines the democratic principle." She encouraged other women to "join in this exercise in democracy."
3. PRESENTATION OF FIRE DEPARTMENT ANNUAL REPORT FOR 2001.
Director of Emergency Services, Daryl Schoeppner, came forward to answer questions from the Board. Director Orth commented that with the results of the fire tax election, now the department's focus should be on structure fire protection.
Discussion ensued concerning causes of incidents, including juvenile fire starts. Mr. Schoeppner responded to Director Venturi's inquiry concerning illegal activity.
Director Pohlson raised questions concerning the remuneration and the complication of the point system. General Manager Chapman suggested that a future agenda item be scheduled to review the system.
Director Pohlson asked for a report of volunteers, where they live, and where they work. Mr. Schoeppner 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.
Director Pohlson pointed out that the auxiliary firefighters that responded to a fire during the previous year were not listed in the report, and asked for more complete information on vehicles and fuel consumption.
She also asked that Board policy be adopted regarding employee volunteers, as they are unable to respond due to budget concerns. Director Venturi asked that a future agenda item be scheduled for that purpose.
4. REVIEW GENERAL MANAGER'S RECOMMENDATIONS REGARDING THE ESTABLISHMENT OF AN AD-HOC COMMITTEE FOR THE PURPOSE OF ADDRESSING THE CONCERNS OF THE FIRE DEPARTMENT
General Manager Chapman summarized his recommendations, noting that staffing should include the General Manager and Fire Chief. Director Pohlson asked that the Committee be called the "Fire Department Board Advisory Committee" and that Fire Department and District policy be included as a function of the committee.
President Skezas and Director Pohlson volunteered to serve on the committee.
5. CONSIDERATION OF A RESOLUTION AUTHORIZING APPLICATION FOR FEDERAL EXCESS PROPERTY
Director of Emergency Services, Daryl Schoeppner, provided a brief review of the types of equipment previously loaned to the District.
President Skezas suggested that "and State" be inserted in the Resolution after "Federal." Director Orth moved to adopt Resolution No. 2002-4, as amended. After a brief discussion concerning the proposed wording in the Resolution, the motion was seconded by Director Pohlson. Randy Eads, resident of Clover Drive, suggested a cap be placed upon the type of equipment the fire department is authorized to accept, based upon the District's ability to maintain it.
A vote was taken on the motion as follows:
AYES: Directors: Pohlson, Venturi, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
Resolution No. 2002-4 adopted.
6. CONSIDERATION OF A RESOLUTION OF INTENTION TO AMEND PERS AGREEMENT
Director Pohlson left the table, as her husband is an employee of the District, and she was unable to participate in the discussion.
General Manager Chapman explained that the Resolution of Intent is the second step of a three step process which was started in June of 2001. If amended, the contract would allow the employees of the District to have their retirement benefit calculated on a one year basis, as opposed to a three year basis. He summarized the anticipated costs which would result from the contract amendment.
Directors Orth and Venturi voiced support for the amendment.
Finance Committee member, Bill Jack, resident of Camellia Place and member of the School District Board, confirmed that the School District now uses the final one-year compensation method.
District Finance Assistant, Pat Wilson, provided clarification of the costs on a per-employee monthly basis, and urged the Board to approve the amendment.
Randy Eads questioned why discussion of the amendment was not a part of the employee negotiations. General Manager Chapman explained that Government Code Section 7507 requires that the future annual costs of the amendment be made public at a public meeting.
President Skezas voiced concern about the current and future increased costs, as the rates are based on stock market performance. Therefore, he declined to support the amendment. He asked that the matter be deferred to the next fiscal year.
District Counsel Neary confirmed that three votes were needed to pass a motion. Because there were currently only four Board members, and Director Pohlson must abstain, the motion would not pass without President Skezas' support. Board members agreed to defer the item to May 14, 2002, at which time a new Board member would hopefully be seated.
7. REPORT FROM THE GENERAL MANAGER ON THE STATUS OF THE DISTRICT'S WATER RIGHTS APPLICATION THROUGH THE STATE WATER RESOURCES CONTROL BOARD
General Manager Chapman summarized the recent meeting that he, District Counsel Neary, and Attorney Janet Goldsmith attended with five members of the State Water Resources Control Board (SWQCB) in Sacramento. He reported that the SWQCB has asked the District to hire a Hydrologist to determine water availability, and to conduct a study to determine appropriate connection fees. Also, they seemed interested in the topic of raising Lake Emily by fifteen feet, to provide additional capacity, which would require a less costly EIR.
Director Orth spoke in favor of pursuing the option of raising of the existing lake, and commended the General Manager and District Counsel Neary for making the point at the SWQCB meeting that it is a matter of when the District will need the water, not if the District will need the water.
In response to Director Pohlson, General Manager Chapman confirmed that the SWQCB had copies of the previous studies, which could be used as a starting point for the present requirements. She suggested using the same firms to update the information.
District Counsel Neary provided clarification of the Department of Fish and Game and the National Marine Fisheries Service requirements, which had become even more stringent.
Director Pohlson voiced concern about expending funds on consultants to study the feasibility of raising the dam prior to finding out what the Department of Fish and Game will require for water release. President Skezas agreed.
District Counsel Neary pointed out that the CEQA process will compel the federal and state consultations. He stressed the importance of meeting the State's May first deadline, noting that it will take the SWQCB some time to review the information.
Director Pohlson, also, spoke in favor of pursuing raising Lake Emily by fifteen feet, as opposed to pursuing the third dam.
District Counsel Neary pointed out that the Specific Plan established what the amount of potential water use in the District will be, and advised the Board to move toward that until the Specific Plan is changed, one way or the other. Raising the lake fifteen feet is a step in the process of serving the potential population.
The Board advised General Manager Chapman to include, as a first step, the interim option of raising the lake into his response to the SWQCB. Discussion ensued concerning the properties affected and sewer line relocation which would be required if the lake were raised.
Randy Eads suggested obtaining proposals prior to hiring the hydrologist. He commented that the issue of raising the lake had been discussed in the past, and suggested that the District utilize Mark Vogel, who has done a lot of work in the past, to get a preliminary understanding of the feasibility of raising the lake, as many of the questions have been already been asked and answered.
8. REVIEW POTENTIAL CHANGES TO SPECIFIC PLAN
President Skezas suggested the Board address one chapter at a time at each board meeting.
Calling attention to Table 11.3-1, the Pay-As-You-Go list, Director Orth pointed out that one of the reasons that the fire department paid for a portion of the Specific Plan is because the Fire Department's future capital costs are assessed according to the level of growth.
President Skezas suggested that because approximately 60% of the Insurance Services Office (ISO) rating is based on water supply, it would seem logical to utilize a portion of the water availability charges and connection fees to support the fire department. Director Pohlson agreed that the impact fees should reflect the water storage needs of the fire department.
President Skezas asked District Counsel to provide an opinion on the matter.
Director Pohlson asked that Recreation be addressed under Land Use. Director Orth asked that the Hillside Ordinance issue be addressed.
General Manager Chapman suggested that the Specific Plan include a brief statement that it is intended to be a planning document, a guide for the future development of the community, and in no way is intended to obligate the District, or its staff, to enforce laws outside of its jurisdiction, or to expend public funds in violation of Proposition 218. President Skezas suggested including that as part of the Chapter 1 summary.
9. REVIEW OF ACCOUNTS PAYABLE REPORT AND AUTHORIZATION TO ISSUE CHECKS
Director Orth questioned the allocation of fuel , 25% to water, 25% to sewer, and 50% to the fire department. General Manager Chapman agreed to review the method of allocation. 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.
I. SPECIAL REPORTS - GENERAL MANAGER
General Manager Chapman reported that Finance Assistant, Pat Wilson, would be attending an insurance seminar, and asked for authorization for her to use the District credit card. Director Orth moved to approve the request. The motion was seconded by Director Venturi and passed unanimously.
With regards to the Development Review Activity Report, General Manager Chapman updated the Board on two projects under construction. Director Pohlson, Randy Eads, and Claudia Reed raised questions about the report. General Manager Chapman stated that he would have staff review the accuracy of the information.
J. PUBLIC COMMENTS
President Skezas commented that staff had prepared a copy of Ordinance No. 93, to include all amendments, and that Ordinance No. 118 would go into effect after the next meeting, requiring the Board's approval of upcoming agenda items.
K. ADJOURNMENT
Director Venturi moved to adjourn and President Skezas declared the meeting of March 26, 2002 closed at 8:53 p.m.
GEORGE SKEZAS, President
MICHAEL V. CHAPMAN, Secretary to the Board of Directors
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