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SPECIAL MINUTES
BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
BROOKTRAILS COMMUNITY CENTER
24850 Birch Street, Willits, CA 95490
January 26, 2002 |
The Board of Directors of Brooktrails Township Community Services District met in special session on Saturday January 26, 2002 at 8:36 a.m. in Brooktrails Community Center for their annual planning session.
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.
REPORT ON CLOSED SESSION
President Skezas reported that the Board had just come out of closed session and agreed to send a letter to the attorney of Lawrence White to terminate the legal action.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
General Manager Chapman asked that an item be added to update the Board on the District's application for Water Rights through the State Water Resources Control Board (SWRCB), as a response was required by February 5th. No objections were raised.
President Skezas asked that an item be added to discuss Proposition 218, and the letter from District Counsel Neary to the Howard Jarvis Taxpayers Association. No objections were raised.
D. PUBLIC COMMENTS
Robert Terry, resident of Poppy Lane, came forward on behalf of the Brooktrails Neighborhood Emergency Services Team (NEST.) He provided a review of events and acquisitions in the previous year, and the approved budget for the upcoming year. He thanked the Board for their continued participation in the program.
E. ACTION AGENDA
1. STRUCTURE AND STAFFING OF FIRE DEPARTMENT, PENDING OUTCOME OF FIRE TAX MEASURE
2. GENERAL POLICY DISCUSSION AS TO FIRE DEPARTMENT STAFFING, AND REVIEW OF JOB DESCRIPTIONS FOR FIRE CHIEF, DIRECTOR OF EMERGENCY SERVICES, AND FIRE PREVENTION OFFICER
General Manager Chapman outlined the alternatives, including increased staffing should the tax measure pass, as well as alternatives to consider if the tax measure should fail.
Director Orth felt that the primary responsibility of the fire department should be structure protection and medical response. If the tax measure should fail, he suggested selling some of the equipment, and investigating the possibility of selling the ambulance to Ukiah Ambulance Service, providing backup service to them on a lessee basis. He pointed out that many of the lots in the District had been abated, therefore the abatement program no longer needs as much emphasis. He proposed going back to a staff of a Fire Chief and possibly a half-time secretary.
Director Venturi commented that should the tax measure fail, the District would simply have to go back to the equipment and staff as existed in 1982, and operate within the budget. He questioned the wisdom of doubling the budget, and urged the Board to investigate the possibilities that exist with CDF and Little Lake Fire District. He spoke in favor of upgrading equipment, but spoke against the continued operation of the ambulance.
Director of Emergency Services, Daryl Schoeppner, stressed the need to out source the ambulance billing, which he felt would increase the percentage of collections.
Director Monteleone spoke in favor of considering annexation with Little Lake. Discussion ensued concerning the pros and cons of annexation.
Director Pohlson reiterated that financial support for the ambulance is needed from the neighboring communities and the primary ambulance service provider. She felt that the abatement program could be self sustaining if set up properly. She noted the importance of the Insurance Services Odds (ISO) rating, as it reflects the abilities of the Fire Department. She stressed the need for the Board to develop a Fire Department policy and to become more pro-active with the department.
Randy Eads, resident of Clover Drive, commented that he was one of the signers of the argument against the fire tax. He stated his opinion that the public did not have confidence in the operations of the Fire Department, and felt that the issues should have been addressed after the failure of the tax measure in 1999. He suggested formation of a task force to help the Board recognize the problems.
Wendell Wilson, District Superintendent of Utilities, raised the question of whether, currently, the District was operating the ambulance because it wanted to, or if it was because Ukiah Ambulance needed a backup. He voiced concern about the billing problems and about the amount of money lost as a result of ambulance runs outside the District.
President Skezas voiced concern about the liability issues resulting from inadequate equipment. He asked for more specific information regarding equipment, supplies, and protective clothing needed for the department.
BREAK at 10:05 a.m. - RECONVENE at 10:15 a.m.
Discussion ensued concerning ways to trim the overall Fire Department budget, including reduction in staff, and elimination of equipment, including the ambulance vehicle. President Skezas asked that all of the information be put together and made available to the public before the election. Richard Estabrook, resident of Primrose Drive, strongly urged the Board to continue the ambulance service. A lengthy discussion ensued regarding the pros and cons.
General Manager Chapman voiced concern that the original tax measure did not include funding for the ambulance. Director Venturi read aloud the language of the 1981 ballot measure.
District Counsel Neary clarified that in 1987 fire district law was changed to include ambulance within the definition of "fire protection services," so the only issue to resolve is if it is deemed necessary by the Board of Directors.
Director Orth pointed out that the current tax measure states that funds will be used to provide ambulance service and the abatement program, and if it fails to pass the Board should go back to the basic fire department services, as the voters will have made their intentions known.
Discussion ensued concerning the District's ISO rating. Mr. Schoeppner outlined the items taken into consideration when the determination is made. Director Orth pointed out that the ambulance service is not taken into account when the rating is assessed.
Randy Eads, who was on the Board of Directors when the Fire Prevention Officer position was added in 1992, reported that the abatement program was supposed to be self sufficient, and that no mention was made of using the special fire tax to fund the program. He asked for clarification of where the money from the additional tax revenues would go. General Manager Chapman offered to send him a copy of the ten-year spreadsheet developed during the previous Board discussions.
President Skezas asked that a simple list be developed, showing what will be done if the tax measure fails.
Director Orth voiced his support of the fire tax measure, and stressed the importance of a well-funded department. He asked that a letter of support similar to the one drafted by Redwood Valley be prepared for consideration at the next meeting, and asked that the goals of the Specific Plan, specifically the lot reduction programs, be cited in the letter.
UPDATE ON THE DISTRICT'S APPLICATION FOR WATER RIGHTS THROUGH THE STATE WATER RESOURCES CONTROL BOARD
General Manager Chapman reported that a letter had been received from the State Water Resources Control Board (SWRCB) concerning the District's application for water rights for the proposed third dam. In an effort to show "due diligence" he had met with the state representatives in Sacramento who had outlined the requirements to keep the application active.
District Counsel Neary advised the Board to request specific information from the SWRCB, develop a work plan and time line, and to abide by it. He recommended consulting with water rights attorney, Janet Goldsmith, and to request additional time to determine what is required to comply with the SWRCB's requests.
President Skezas asked for a motion to authorize District Counsel Neary to consult with Janet Goldsmith. Director Venturi stated "So moved." The motion was seconded by Director Orth, and passed unanimously.
DISCUSSION OF PROPOSITION 218 AND THE RESPONSE FROM DISTRICT COUNSEL NEARY TO THE HOWARD JARVIS TAXPAYERS ASSOCIATION
District Counsel Neary reviewed the issue of compliance with Proposition 218, and outlined his opinion on the matter which was prepared at the request of the Board. He addressed the two main issues of concern, which were co-mingling of funds, and dry period financing. He concluded that there was no Proposition 218 issue, as the funds with negative balances were drawing from the General Fund, which is a permissible source. As long as internal fund accounting is adequate, which he believed it was, the District is in compliance with the letter and spirit of Proposition 218.
General Manager Chapman reiterated his intention to remove all perception of non-compliance with Proposition 218 by securing Tax Revenue Anticipation Notes to assist with cash flow issues.
Wendell Wilson voiced concern about insufficient General Fund revenues. District Counsel Neary explained that if that were the case, the District would have to borrow funds to cover the deficits.
District Counsel Neary commended General Manager Chapman for his objective of identifying where the deficits really are.
A break was called for lunch. The meeting was moved to the Brooktrails Fire Station meeting room.
BREAK at 12:05 p.m. - RECONVENE at 1:33 p.m.
3. DEVELOPMENT OF GOALS AND OBJECTIVES FOR UP-COMING YEAR
The Board reviewed a chart of Goals and Objectives developed during previous planning sessions, and made additions and deletions. (See attached chart: Additions and changes in italics.)
Director Monteleone asked about the status of the meeting with the County Planning staff. She asked that the chart be printed up in poster form and posted in the District office.
With regards to water conservation efforts, Mike Aplet suggested posting a sign at the entrance of the District, similar to the fire hazard sign, indicating the lake level and available water supply.
President Skezas reminded the Board that in the past the Goals and Objectives were developed to provide guidance to the General Manager for preparation of the annual budget. General Manager Chapman provided the proposed calendar for the upcoming budget process. President Skezas inquired about the preparation of the five-year capital improvement plan. General Manager Chapman summarized the reserve schedule which was incorporated into the budget.
During the discussion of Recreation, Director Pohlson asked to be appointed as Chairperson of the Recreation, Greenbelt, Conservation Committee. Her appointment was unanimously approved.
Board members also discussed the status of the emergency access roads. President Skezas reported that the County's second access budget includes a contribution of $50,000 from Brooktrails, even though the District had removed it from its budget several years ago.
4. REVIEW OF LOT REDUCTION PROGRAMS
General Manager Chapman reviewed the financial information provided, indicating the cost of the program and the annual loss in revenues in Water Availability, Sewer Standby and Special Fire Tax.
Wendell Wilson questioned the wisdom of continuing a program that reduces current revenues, pointing out that as soon as the District reaches its allowable water connections, it will no longer be able to charge standby fees, anyway.
Director Venturi spoke in favor of putting the lot reduction programs on hold for two years until the budget improves.
Director Orth pointed out that the loss of the standby fees will have to be made up by the existing rate payers when the time comes, and the reduction programs act as a weaning process, allowing rates to be increased over a long period of time to make up for the loss of revenues.
Director Pohlson pointed out that a study conducted as a part of the Specific Plan process indicated that 11% of the property owners in Brooktrails would merge their lots in regardless of the lot reduction programs. She spoke against the District subsidizing the costs, and suggested charging a fee for assisting with the paperwork.
Director Venturi made a motion that the lot reduction program be suspended until June 30, 2004, at which time it can be evaluated whether it is a financially viable program that the District can handle, and put a stop to the bleed that has occurred over the last four years to the tune of $33,507.96. Director Pohlson suggested that a program be developed whereby donated lots can be merged and placed back on the market. Director Venturi amended his motion to provide that the Board no longer pay fees for lot mergers or accept donated lots until June 30, 2004. In the meantime the Board can conduct a study and develop a plan which would allow the program to continue in a financially responsible way. The motion was seconded by Director Orth.
Richard Estabrook cautioned the Board that passing such a motion would be changing the conditions that the Specific Plan was based on, as it states that the Board will pursue lot reduction programs in an effort to achieve the goal of reducing the number of lots in the District by 2000. He pointed out that the EIR was also done on that basis, and asked that they produce a California Environmental Quality Act (CEQA) document to support their decision, or it will be appealed. He also pointed out that the studies done during the Specific Plan process support the lot reduction programs.
Director Monteleone also spoke against suspending the lot reduction programs, but was willing to reconsider whether the District should pay a portion of the fees.
General Manager Chapman suggested that Mr. Estabrook's study and relevant information from the Utilities staff be incorporated into a staff report for the Boards future discussion.
Director Orth withdrew his second, asking that the matter be scheduled as a future agenda item. He stated his agreement that because of current deficits, the District should stop subsidizing the costs, and come up with a way to reintegrate donated lots back into the marketplace.
Discussion ensued concerning the provisions of the Specific Plan, and the district's obligation to provide financial incentives to promote lot reduction when faced with budget restraints.
Director Orth suggested researching the legal issues prior to suspending the programs.
Kris Wagner, resident of Perch Drive, and Mike Aplet, resident of Hawk Drive, spoke in favor of pursuing the goals outlined the Specific Plan.
Director Venturi stressed that he was not suggesting the program be eliminated, he was simply trying to stop the flow of money until the District's funds were in the black.
General Manager Chapman clarified that the lot reduction program issue had been tabled until a future Board meeting.
5. ANNUAL REVIEW OF BOARD POLICIES, PROCEDURES AND RELATIONSHIPS (ORD NO 93)
5A) DISCUSSION OF AMENDING ORD NO. 93 TO ADD CONSENT CALENDAR TO AGENDA
General Manager Chapman asked that section 6.03 be amended to allow the General Manager to make factual corrections to known errors in the newspaper. He also asked that section 3.05 be amended to add "Consent Calendar" to the agenda.
President Skezas pointed out that the draft Ordinance did not include the second public comments section, as per amending Ordinance No. 106.
Discussion ensued concerning cancellation of the February 12th meeting, as it falls on a District holiday.
Director Orth made a motion to introduce Ordinance No. 118, an Ordinance amending sections 3.05 and 6.03 of Ordinance 93, and to set a public hearing for February 26, 2002. The motion was seconded by Director Venturi and passed unanimously.
Director Venturi moved to cancel the meeting of February 12, 2002. The motion was seconded by Director Monteleone and passed unanimously.
6. REVIEW OF BROWN ACT LIMITATIONS
General Manager Chapman briefly reviewed the provisions concerning individual contacts, serial meetings, collective concurrence, posting requirements, and non-agenda items. No questions were raised by Board members.
7. REVIEW POWERS OF THE DISTRICT AND OTHER LIMITATIONS
Board members reviewed the chart listing the powers granted to Brooktrails Township CSD, powers carried over from the Resort Improvement District, and powers available to Special Districts not yet granted to BTCSD. Director Orth reported on possible changes under consideration by LAFCO.
8. DISCUSSION CONCERNING STRUCTURE AND STAFFING OF COMMITTEES
President Skezas reviewed the committee membership lists included with the staff report, noting that the Recreation, Greenbelt, Conservation Committee and the proposed sub-committee, the Greenbelt Management Committee been not yet formally established by Resolution.
Director Orth made suggestions as to the membership of the Recreation, Greenbelt, Conservation Committee, and urged the Board to formally establish the committee. Mike Aplet, resident of Hawk Drive, agreed to be reinstated as a member.
Director Pohlson asked that the meetings be held monthly, as directed by the members, as some deadlines require more frequent meetings. Director Venturi suggested that reports to the Board remain on a quarterly basis.
President Skezas voiced concern about the cost in staff time for preparation of agendas and minutes, and for employees that attend the meetings, and felt that establishment of the Greenbelt Management Committee was duplication.
Director Monteleone suggested striking "Superintendent of Utilities" and "Assistant Park Superintendent" out of "Staffing" on Exhibit A of the proposed Resolution establishing the Recreation, Greenbelt, Conservation Committee.
Director Venturi made a motion to establish the Recreation, Greenbelt, Conservation Committee, Exhibit A as amended, and that the Greenbelt Management Committee exist within the confines of the Recreation, Greenbelt, Conservation Committee. The motion was seconded by Director Orth.
President Skezas asked that the expected products of the Greenbelt Management Committee be integrated into the Exhibit A of the Recreation, Greenbelt, Conservation Committee.
A vote on the motion was taken as follows:
AYES: Directors: Pohlson, Venturi, Monteleone, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
Resolution No. 2002-2 Adopted
Moving on, Director Pohlson asked for a paper outlining the responsibilities of the Architectural Review Committee, as she felt that the purpose of the committee should be reviewed.
9. DISCUSSION OF PARKING ISSUES, FOG LINES, AND CENTER LINES
General Manager Chapman explained that the parking issue came about due to a complaint from a resident who felt that enforcement was lacking.
Director Orth pointed out that enforcement of such issues is not within the powers of the District, and that Mendocino Counsel of Governments (MCOG) and member jurisdictions are considering a survey to determine what residents want within their communities. He was more concerned about the cost of raising manholes after streets are paved.
Director Venturi commented that a CHP officer had addressed this issue at a previous meeting, and although the property owner was not happy with what he heard, what he heard was the truth and the law. He felt that the property owner's battle is not with the District, it is with the County and the State, and that the matter has been referred to the appropriate agencies.
President Skezas voiced concern that parking within the 20 foot easement may be against the fire code. Director Venturi stated his preference that people park in the easement as opposed to on the street.
Director Monteleone expressed empathy towards the property owner, noting that the issue is about chipping away at the rules and regulations of the District. President Skezas pointed out that limitations in the District's and the County's budget require that priorities be assessed.
Discussion ensued concerning the enforcement procedures for violations within the District.
10. SCHEDULING OF A WORKSHOP WITH ONE-TOWN-ONE-VISION AND RAILS TO TRAILS
Director Monteleone introduced Marsha Pratt from the Pathways and Bikeways group of the One-Town-One Vision Committee. Ms. Pratt explained that Rails to Trails was willing to conduct a workshop to help the District achieve its goal of reestablishing a trail to the City of Willits. Director Orth pointed out that because of the location of the properties involved, the County should be lead agency for the project, and that the project is included in the County's regional plan.
Director Pohlson provided information from the Brown Act, which was read aloud by Director Monteleone, indicating that the Board members attendance at such a workshop would not be a violation. After a brief discussion, Board members stated their preference of attending a meeting scheduled for a Saturday, after the primary election.
11. REVIEW OF ACCOUNTS PAYABLE REPORT AND AUTHORIZATION TO ISSUE CHECKS
Director Orth moved to approve the account payable report and to authorize issuance of checks. Director Venturi seconded the motion which passed unanimously.
F. SPECIAL REPORTS
i. Significant Correspondence received since last meeting
Mike Aplet, with the Wild Turkey Trail Club, provided copies of a letter concerning volunteers working in the Greenbelt. Board members agreed to schedule it on the next agenda.
ii. Personnel
Director Venturi voiced concern about rehiring Fire Department staff currently on lay-off. General Manager Chapman commented that the additional staff was required to handle the lot abatement program, the ambulance billing, and the additional activity because of the upcoming election. President Skezas commented that such matters were up to the discretion of the General Manager, and that Board interference was "micro management."
Director Pohlson voiced concern about hiring staff back for forty days and then laying them off again. She spoke against any additional expenditures from the Fire Fund because of the current deficit. General Manager Chapman stressed the importance of continuing training of volunteer firefighters, and assured the Board that he would balance his budget by the end of the fiscal year.
vi. Other
General Manager Chapman reported that currently two charcoal tanks were being refurbished, not three as previously reported. The third tank would be done next year.
G. PUBLIC COMMENTS
None
H. ADJOURNMENT
Director Orth moved to adjourn and President Skezas declared the meeting of January 26, 2002 closed at 4:55 p.m.
GEORGE SKEZAS, President
MICHAEL V. CHAPMAN, Secretary to the Board of Directors |
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