The Board of Directors of Brooktrails Township Community Services District met in regular session on May 28, 2002 at 7:03 p.m. in Brooktrails Community Center.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Roll call showed the following Directors present: Pohlson, Horrick, Orth and Skezas. Also present were General Manager Chapman and District Counsel Neary. Director Venturi was absent.
REPORT ON CLOSED SESSION
District Counsel Neary reported that the Board had met in closed session to consider a claim filed by Warren Miller, and had voted to deny the claim and refer it to their carrier. The Board also discussed anticipated litigation and received instructions from counsel.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
Because of the precedence of changing a long-standing policy, General Manager Chapman voiced concern about the lack of a full Board to debate the Lodge issue. Director Horrick agreed. Director Orth moved to defer item number 4 to the next agenda. The motion was seconded by Director Horrick and passed unanimously.
Director Orth moved to defer item number 7, the CalPERS amendment, to the next agenda. General Manager Chapman stated that a special meeting may have to be scheduled to meet the deadline established by CalPERS. Group discussion ensued concerning scheduling conflicts. President Skezas stated that he did not consider the matter to be urgent, and that the scheduling of a special meeting was being carried forward against his wishes. He also stated three times that he was not available for any meetings the week of June 3rd.
D. MINUTES OF PREVIOUS MEETINGS
April 20, 2002
Director Orth moved to approve the minutes of April 20, 2002, as written, seconded by Director Pohlson.
A vote on the motion was taken as follows:
AYES: Directors: Pohlson, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: Venturi
ABSTAIN: Directors: Horrick
Motion Carried.
May 14, 2002
Director Orth asked that on page 3277, under Special Reports, the phrase "related to large repair call-outs as a way to measure maintenance issues each budget year." be added after "Director Orth asked for a report documenting overtime pay". Director Horrick moved to approve the minutes of May 14, 2002 as amended.
The motion was seconded by Director Orth and the vote was taken as follows:
AYES: Directors: Pohlson, Horrick, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: Venturi
Motion Carried.
E. SPECIAL PRESENTATION - None
F. PUBLIC HEARING - None
G. PUBLIC COMMENTS
Errol W. Gitlin, Brooktrails Lodge owner Dr. Robert Gitlin's father, came forward to remind the Board of what the Lodge property looked like two years ago, and to tell them that they should be proud of what the Lodge has become, and that he was very proud of his son for his accomplishments.
Robert Terry, of Poppy Lane, appeared on behalf of Neighbor Emergency Services Teams (NEST), thanked the District for participation in the table top drill, and presented pictures of the drill. He also report that gang-related graffiti had been painted on the dam, and asked the Board to address the issue as soon as possible.
Ginerva Chandler, counsel for Dr. Gitlin, asked that she receive earlier notice when Dr. Gitlin's matter is on the agenda.
Harvey Frankle came forward to urge the Board to support Dr. Gitlin's efforts to rebuild the Lodge.
H. CONSENT CALENDAR
3. REVIEW OF ACCOUNTS PAYABLE REPORT AND AUTHORIZATION TO ISSUE CHECKS
Director Orth moved to approve the report and authorize issuance of checks.
The motion was seconded by Director Horrick and passed unanimously by the members present.
I. ACTION AGENDA
4. DISCUSSION OF INSTALLING WATER METERS ON THE LONG-TERM CABINS AT THE BROOKTRAILS LODGE
Deferred.
5. DEVELOPMENT OF A POLICY GOVERNING THE SALE OR EXCHANGE OF DONATED LOTS AND REVIEW OF RELATED CHAPTERS 1 AND 11 OF THE SPECIFIC PLAN
General Manager Chapman briefly reviewed the staff report, noting that the goal of the exchange process would be to retire a potential water connection, and the goal of the sale process would be to reimburse the Water, Sewer, and Fire Funds which lose funds as a result of lot reduction. He pointed out the need for review on a case-by-case basis to ensure that the District benefits if the exchange results in a significant increase in the recipient's property value.
District Counsel Neary explained that the original developer dedicated certain parcels to the District as open space"Greenbelt" parcels. However, the restrictions had expired, and there is now no distinction between a "park" lot and any other District-owned property. Both types of lots are now held in a proprietary capacity, and could be sold if declared as surplus property.
Director Orth spoke against the selling of Greenbelt properties, but was in favor of selling lots which were donated or acquired through foreclosure. He asked that limitations of use be included as a condition of the sale, so as not to add potential hookups to the water system. District Counsel Neary confirmed that the District could impose any requirement it chose to.
General Manager Chapman reported that an offer had been received to purchase two lots on Bear Drive. District Counsel Neary explained that the draft resolution provided would be the means to declare the property as surplus and provide the sixty day bid period.
Director Orth asked that the sale require that the two lots be merged.
General Manager Chapman noted the importance of having the property appraised.
Director Pohlson voiced concern that the sale may result in an additional connection. General Manager Chapman offered to research whether the water rights on those lots had been relinquished.
President Skezas asked that policy be developed and approved prior to selling the lots, and that the policy include a map of lots donated which could be sold or traded.
Jim West, agent for the interested buyer, came forward to voice concern that too many requirements and restrictions would discourage interested buyers.
Director Orth pointed out that by merging two lots into one and putting it back into the economy, it then goes back into the tax base.
Discussion ensued concerning the value to the District of certain properties which can serve as trail heads and emergency evacuation routes.
President Skezas asked that the agenda items 8, 9, and 10 be deferred, due to Director Venturi's absence. No objections were raised.
6. CONSIDERATION OF A REQUEST BY RALPH VANNEMAN FOR REFUND OF HAZARD ABATEMENT EXPENSE
General Manager Chapman provided a brief historical summary of the events leading up to the request for refund, noting that staff had followed the direction of the Board and contact the prior owner to request that they reimburse Mr. Vanneman. However, no response was received.
Director Pohlson felt that Mr. Vanneman should have contacted the District when he saw the contractor clearing the lot in August, as he purchased the lot in May and had been doing the work for two years prior to owning the property. She pointed out that if he had done so, the expense would have been only the $85.00 paid to the contractor, without the Administrative charge added to the tax bill.
Director Orth made a motion to reimburse Mr. Vanneman, half of the cost of the contractor, or $42.50. The motion was seconded by Director Pohlson and passed unanimously by the members present.
7. CONSIDERATION OF A RESOLUTION TO AMEND THE DISTRICT'S CALPERS AGREEMENT TO ALLOW EMPLOYEE'S RETIREMENT BENEFIT TO BE CALCULATED ON A ONE YEAR FINAL COMPENSATION BASIS
Deferred.
8. DISCUSSION OF THE GREEN COMMITTEE RECOMMENDATIONS FOR GOLF COURSE TEE #9
Deferred.
9. CONSIDERATION OF A RESOLUTION ACCEPTING ONE DONATED LOT FROM LUCIA BIANCHI
Deferred.
10. CONSIDERATION OF A RESOLUTION ACCEPTING ONE DONATED LOT FROM WILLIAM AND MARGERY WEIR
Deferred.
J. SPECIAL REPORTS
General Manager Chapman reviewed a letter received from the State Water Resources Control Board, noting that he would respond to them regarding the 40 day time limit to provide the information requested. He reported that he had sent them the information describing the time frame for the Water Availability Analysis, and was of the opinion that the letters had crossed in the mail. General Manager Chapman summarized his response to Director Pohlson's concerns about the Fire Chief recruitment process, confirming that an action agenda item would be scheduled for the June 11th meeting for Board approval to upgrade the Director of Emergency Services position to Fire Chief.
Director Pohlson suggested that the Fire Department Board Advisory Committee address staffing issues in the Fire Department. Director Orth pointed out that the actual hiring of a Fire Chief would occur after the committee makes its recommendations to the Board.
General Manager Chapman reported that the District did not qualify for Tax Revenue Anticipation Notes financing. However, because consideration is given to the last three years financial information, the 1999 financial statements would not be taken into consideration next year, which should improve the chances for qualification for the program.
Board members reviewed the upcoming agenda items.
K. PUBLIC COMMENTS
None
L. ADJOURNMENT
Director Orth moved to adjourn and President Skezas declared the meeting of May 28, 2002 closed at 8:18 p.m.
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
GEORGE SKEZAS,
President
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