BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
BROOKTRAILS COMMUNITY CENTER
24850 Birch Street, Willits, CA 95490
February 11, 2002
The Board of Directors of Brooktrails Township Community Services District met in special session on February 11, 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, Monteleone, Orth and Skezas. Also present were General Manager Chapman and District Counsel Neary.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
Director Monteleone made a motion to remove item number 4, related to the Brooktrails Lodge, from the agenda. She felt that scheduling the item was premature, as the Board had not received an application for water and sewer service or the other information requested, which was outlined by Alan Falleri, Chief Planner with County of Mendocino, in a letter dated August 9, 2001. The motion was seconded by Director Venturi.
Director Orth pointed out that an application for water and sewer service had been submitted by the property owner. He spoke in favor of discussing the utility issues, and pointed out that the District does not have jurisdiction over planning issues.
Director Pohlson agreed to discuss the item under "Other", but not as an action item.
President Skezas spoke in favor of leaving the item on the agenda. He called attention to the minutes of November 13, 2001, included with the staff report, that indicated Director Orth had requested that this matter be discussed again after seating the new board.
A vote was called on the motion which was taken as follows:
AYES: Directors: Pohlson, Venturi, Monteleone
NOES: Directors: Orth, Skezas
ABSENT: Directors: None
Motion Carried. Item 4 was removed from the agenda. Board members agreed to schedule the item for the meeting of February 26, 2002.
D. MINUTES OF PREVIOUS MEETINGS
January 8, 2002
Director Orth moved to approve the minutes of January 8, 2002. The motion was seconded by Director Monteleone.
With reference to page 3240, paragraph 5, the statement "Superintendent of Utilities, Wendell Wilson, came forward to remind the Board that much of the District's infrastructure is old and beginning to fall apart" President Skezas commented that infrastructure also included the Fire Department. He asked that under "Public Comments" the sentence "General Manager Chapman offered to report back to her with the figures" be changed to "General Manager Chapman offered to report back to the Board with the figures." General Manager Chapman reported that approximately 150 lots had been written up for Phase II hazard abatement so far.
A vote was taken on the motion, which passed unanimously.
January 26, 2002
Director Orth asked that on page 3245, in the last sentence of the fifth paragraph in item 9, the word "be" be inserted in front of "assessed".
President Skezas asked that his statement concerning micro-management of the District be included in the first sentence under "Personnel", and that Director Monteleone's statement concerning re-hiring Fire Department staff be added, as well. Director Pohlson asked that her statement of concern about hiring staff back for forty days and then laying them off again be included in the minutes.
President Skezas asked that the title of the attached Goals and Objectives be corrected to read "2002/2003" and pointed out that they are no longer used for evaluation of the General Manager or for development of the annual budget.
The Board unanimously approved the minutes of January 26, 2002, as amended.
E. SPECIAL PRESENTATION
F. PUBLIC HEARING
G. PUBLIC COMMENTS
Bob Terry, on behalf of the BPOA, asked that District staff review the Welcome Book and submit changes.
Alicia Walter, of Poppy Drive, asked the Board to reopen Summer Lake. Director Orth commented that Summer Lake had been designated as Summer Meadow, and General Manager Chapman reviewed the concerns raised by the Department of Fish and Game which resulted in its closure.
H. ACTION AGENDA
2. APPEAL BY RALPH VANNEMAN OF THE GENERAL MANAGER'S DECISION NOT TO REFUND ABATEMENT EXPENSE
General Manager Chapman explained that all hazard abatement notices had been mailed to the owner of record as indicated in the April 2000 printout, and that Mr. Vanneman and Joan LeFeat had purchased the lot in May 2000 to split the lot and merge half with each adjoining parcel. A calendar was provided, outlining the sequence of events. This lien had missed the deadline to be on the 2000 tax bill, and appeared on Mr. Vanneman's tax bill in December of 2001. On the basis that the charge is applicable to the property, not the owner, General Manager Chapman recommended denial of the appeal.
Mr. Vanneman explained that he had been cleaning up the property since he moved into his home in 1998, as the previous owners lived out of the area. He felt that the lag time problem should be addressed, and that the District should check with the listing agent when a property is for sale and is subject to hazard abatement.
In response to Director Venturi, Mr. Vanneman confirmed that the previous owner did not notify him of the abatement notices. Director Venturi spoke in favor of reimbursement.
President Skezas established the fact that escrow on the property closed in July of 2000, prior to the time that the work was completed and the lien was filed in October of 2000, therefore the lien did not show up during escrow.
Angela Martell, who had purchased the LeFeat house, came forward, although she was not a party to the appeal. Ms. Martell explained that she had never received a tax statement, but had paid a portion of the lien in escrow when she purchased her home.
Discussion ensued concerning possible solutions to the problem.
Director Pohlson asked Mr. Vanneman to try to collect from the previous owner first, as it was a lack of disclosure on their part.
Randy Eads, resident of Clover Drive, suggested that the administrative fee would be sufficient to cover any losses from reimbursement. Director Orth explained that administrative fees are applied only to about 4% of inspected lots that don't comply with the abatement notice and must go to tax lien. There is no revenue from properties that are requested to comply and do, even though staff time is expended.
John Lemmer, resident of Poppy Drive, suggested filing a notice of intent to file a lien on the properties that go to bid.
Director Venturi made a motion that the District assist Mr. Vanneman with his efforts to collect from the previous owner, including initiating correspondence to the previous owner. The motion was seconded by Director Orth.
Robert Melluish, District Water Operator III, suggested posting notices, as provided in Section 7 of Ordinance No. 98, in addition to mailing them to the property owner. Director Monteleone spoke in favor of that suggestion.
President Skezas called for a vote on the motion which passed unanimously.
3. CONSIDERATION OF A REQUEST BY THE WILD TURKEY TRAIL CLUB TO PERFORM TRAIL MAINTENANCE WORK IN THE GREENBELT, AND REVIEW OF THE GREENBELT MAINTENANCE PROGRAM
General Manager Chapman reviewed the items of concern which he felt could pose possible liability to the District.
Director Pohlson raised concern about providing volunteers with workers compensation insurance without training or supervision. Director Orth agreed.
Director Venturi suggested a manual be developed to outline training, limitations, and procedures.
Mike Aplet, resident of Hawk Drive and member of the Wild Turkey Trail Club, came forward to suggest that the Trail Club operate through the fire department. Kris Wagner, resident of Perch Drive and member of the Wild Turkey Trail Club, pointed out that many of the trails serve as emergency access/egress roads.
Director Pohlson suggested the club operate as an auxiliary of the BPOA or of the Fire Department to protect them from liability, as well.
Board members agreed to continue the discussion at a future meeting.
As to the Greenbelt Maintenance program, Director Monteleone provided suggested wording to the encroachment permit to clarify that fencing and storage are not permitted, the encroachment remains as District property open and accessible to the public, and that removal of trees over 6" in diameter must be approved by the District.
4. CONSIDERATION OF PROPOSED TERMS TO PROVIDE UTILITY SERVICES TO THE BROOKTRAILS LODGE, INCLUDING APPROPRIATE CONNECTION / CAPACITY FEES
Removed from the agenda.
5. FURTHER DISCUSSION OF FIRE DEPARTMENT REVENUES AND EXPENDITURES
General Manager Chapman provided the information that was requested at the meeting of January 26, 2002, including a pie chart indicating the proposed expenditures should the tax measure pass, and a draft letter in favor of the tax.
Director Monteleone felt it was unnecessary to mention the loss of fire department revenues because of the lot reduction programs.
Director Orth spoke in favor of the letter as written. He pointed out the importance of informing the residents about the effect of the goals of the Specific Plan.
President Skezas read aloud the Rebuttal to the Argument Against the Fire Tax from the voters pamphlet. He pointed out that due to inflation, prices had escalated to nearly double since 1981.
Director Venturi voiced his appreciation to the General Manager for the chart indicating the projected fire tax expenditures, and made a motion that the chart and letter be published in the Willits News. The motion was seconded by Director Orth.
Randy Eads, resident of Clover Drive, asked the Board to provide accurate information to the public, and cautioned them to conform with State law governing expenditure of public funds.
Wendell Wilson, District Superintendent of Utilities, clarified the amount of revenues lost by the Water, Sewer, and Fire Funds as a result of the lot reduction programs. He suggested that item two in paragraph five of the letter state "backup ambulance service."
Dick Robie, resident of Cobb Drive, spoke in favor of distributing the informational letter to the public. He provided an historical perspective of the formation of the Fire Department, and spoke in favor of the proposed tax measure.
Marcel Dube, resident of Azalea Street, spoke against the tax measure.
Ned McKinnon, volunteer fire fighter, answered to the complaints raised by Mr. Dube, and outlined recent training accomplished by the volunteers.
Director Pohlson pointed out that it is the District's responsibility to provide the best protection for the residents that it can. If the residents do not want to pay for a service, then protection must be addressed through alternative means, such as mutual aid agreements with Little Lake and/or CDF.
A vote was taken on the motion currently on the floor as follows:
AYES: Directors: Venturi, Orth, Skezas
NOES: Directors: Pohlson, Monteleone
ABSENT: Directors: None
6. ANNUAL RECONCILIATION OF CHARGES FOR SEWER BY THE CITY OF WILLITS
7. REINTRODUCTION OF A PROPOSED ORDINANCE AMENDING ORDINANCE NO. 93 SECTION 3.05 ORDER OF BUSINESS AND SECTION 6.03(A) CORRESPONDENCE FROM THE DISTRICT
President Skezas provided a proposed addition to the language in section 3.05 dealing with the process to add an item to the agenda. He asked that the change be made and that the ordinance be reintroduced at the next meeting. A five minute break was called to allow the Board members to review the proposed amendment.
BREAK at 9:01 p.m. - RECONVENE at 9:06 p.m.
President Skezas outlined the procedure that he was proposing. Director Venturi moved to amend the proposed ordinance as suggested by President Skezas. The motion was seconded by Director Orth and passed unanimously.
President Skezas asked that under section 6.03, the last sentence be reworded to state "As used herein, General Manager shall include personnel reporting to the General Manager when acting in the General Manager's stead." Director Orth moved to approve the proposed amendment. The motion was seconded by Director Monteleone and passed unanimously.
8. REVIEW OF ACCOUNTS PAYABLE AND AUTHORIZATION TO ISSUE CHECKS
After a brief discussion of the items in the report, Director Orth moved to approve the accounts payable and to authorize the issuance of checks. The motion was seconded by Director Venturi and passed unanimously.
I. SPECIAL REPORTS - GENERAL MANAGER
In response to a question from Randy Eads, General Manager Chapman explained the purpose of the line of credit from Six Rivers Bank. A brief discussion ensued concerning the hazard abatement process.
General Manager Chapman reviewed the upcoming agenda items with the Board, noting that the Lot Reduction report may be deferred because of the addition of the Brooktrails Lodge.
J. PUBLIC COMMENTS
Director Venturi moved to adjourn and President Skezas declared the meeting of February 11, 2002 closed at 9:18 p.m.
GEORGE SKEZAS, President
MICHAEL V. CHAPMAN, Secretary to the Board of Directors