The Board of Directors of Brooktrails Township Community Services District met in regular session on
April 22, 2003 at 7:00 p.m. in Brooktrails Community Center.
REPORT ON CLOSED SESSION
President Skezas reported that the Board had met in closed session to discuss anticipated litigation with counsel, and that no action had been taken. They also began their semi-annual evaluation of the General Manager.
Labor Negotiator, Mike Chapman, reported that the Board and employees had reached an agreement for the next fiscal year, which included no COLA adjustment and established the requirement for employees to contribute a portion of the cost of health care benefits for dependents. Employees with spouse will contribute $75 per month, and employees with family will contribute $150 per month.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Roll call showed the following Directors present: Pohlson, Horrick, Venturi, Orth and Skezas. Also present were General Manager Chapman and District Counsel Neary.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
General Manager Chapman asked that action on item number 8 be deferred. District Counsel Neary asked for clarification from the Board as to the subject matter.
Director Pohlson asked that item 4 be moved to the action agenda section. No objections to the adjustments were raised.
D. MINUTES OF PREVIOUS MEETINGS
Director Venturi moved to approve the minutes of March 1, 2003. The motion was seconded by Director Orth and passed unanimously.
Director Orth moved to approve the minutes of March 25, 2003. The motion was seconded by Director Venturi and passed unanimously.
Director Venturi moved to approve the minutes of April 8, 2003. The motion was seconded by Director Orth and passed unanimously.
E. SPECIAL PRESENTATION
None
F. PUBLIC HEARING
2. CONSIDERATION OF RESOLUTION FIXING WATER AVAILABILITY CHARGE FOR FISCAL YEAR 2003-2004
President Skezas opened the public hearing at 7:07 p.m. Robert Terry, resident of Poppy Lane, voiced concern about the inconsistency in various documents regarding the language used to describe "metered" parcels and "developed" parcels.
Hearing no other comments, President Skezas closed the public hearing at 7:09 p.m.
Director Pohlson asked the Board to consider adjusting the assessment to the degree of availability, as outlined in the Uniform Standby Charge Procedures Act, suggesting$5.00 this fiscal year for fire services, with the option of increasing it to $30.00 next fiscal year.
President Skezas voiced concern that it could not be increased in the future once it was lowered without going through the Proposition 218 process. He called for a motion to adopt Resolution No. 2003-10, a Resolution Fixing Water Availability Charge for Fiscal Year 2003/2004, as presented. Director Venturi stated "So moved." The motion was seconded by Director Orth and the vote was taken as follows:
AYES: Directors: Venturi, Horrick, Orth, Skezas
NOES: Directors: Pohlson
ABSENT Directors: None
Resolution No. 2003-10 Adopted.
G. PUBLIC COMMENTS
Robert Terry, resident of Poppy Lane, requested that the District provide restroom facilities on the south side of Lake Emily during fishing season.
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.
I. ACTION AGENDA
4. CONSIDERATION OF A RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2003-2004; THE ENTERING INTO AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT, THE ISSUANCE AND SALE OF A 2003-2004 TAX AND REVENUE ANTICIPATION NOTE THEREFOR AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM
General Manager Chapman provided a brief update on recent conversations with the loan officer. He pointed out that the proposed resolution was identical to the previous year, with the exception of dates, and noted the importance of credibility.
Director Orth commented that the resolution does not obligate the District to borrow the funds, it simply provides the option to do so.
Director Pohlson questioned the justification for borrowing funds, noting that the General Fund should have sufficient revenues to cover the Fire Department from July until November.
Director Orth spoke in favor of the program, noting that it would improve the District's cash flow, allowing the expenditure of funds on necessary capital needs prior to the receipt of the tax revenues.
Director Venturi made a motion to adopt Resolution No. 2003-11, Authorizing and Approving the Borrowing of Funds for Fiscal Year 2003-2004; the Entering into an Amended and Restated Joint Exercise of Powers Agreement, the Issuance and Sale of a 2003-2004 Tax and Revenue Anticipation Note Therefor and Participation in the California Communities Cash Flow Financing Program. The motion was seconded by Director Orth and the vote was taken as follows:
AYES: Directors: Venturi, Horrick, Orth, Skezas
NOES: Directors: Pohlson
ABSENT Directors: None
Resolution No. 2003-11 Adopted.
5. CONSIDERATION OF A RESOLUTION PRESCRIBING SEWER STANDBY CHARGE FOR FISCAL YEAR 2003-2004, AND SCHEDULING A PUBLIC HEARING FOR JUNE 23, 2003
District Counsel Neary advised that the Board would have to introduce an ordinance to adopt the charges before June, although they can be fixed by resolution, and suggested it be scheduled for the first meeting in May.
Director Pohlson asked that section 2 of the draft resolution be replaced with section 2 of Ordinance No. 104, "Revenues derived under this Ordinance shall be used only as provided and permitted in Section 5471 of the Health and Safety Code of the State of California; that is, for the repayment of debt on and the acquisition, construction, reconstruction, maintenance, and operation of water, sanitation, or sewerage facilities and services."
District Counsel Neary read aloud section 5471 of the Health and Safety Code to further clarify what the funds could be used for. He stated that because the ordinance refers to Section 5471, an amendment to the resolution was unnecessary.
Director Orth made a motion to adopt Resolution No. 2003-12, a Resolution Prescribing Sewer Standby Charge for Fiscal Year 2003-2004, and Scheduling a Public Hearing for June 23, 2003. The motion was seconded by Director Venturi, and the vote was taken as follows:
AYES: Directors: Pohlson, Venturi, Horrick, Orth, Skezas
NOES: Directors: None
ABSENT Directors: None
Resolution No. 2003-12 Adopted.
6. CONTINUED DISCUSSION OF THE DRAFT BUDGET FOR FISCAL YEAR 2003/2004, SCHEDULING OF A PUBLIC HEARING ON THE FISCAL YEAR 2003/2004 BUDGET FOR JUNE 10, 2003, AND SCHEDULING OF PUBLIC HEARINGS ON RATES AND FEES FOR JUNE 10, 2003 AND JUNE 23, 2003
Director Orth made a motion to set a public hearing on the Fiscal Year 2003/2004 budget for June 10, 2003, and to set public hearings on Rates and Fees for June 10, 2003 and June 23, 2003. The motion was seconded by Director Venturi and passed unanimously.
General Manager Chapman provided a summary of the changes proposed to the rates and fees which were outlined on page 4 of the budget. He explained that the water base rate would have to be increased because of the costs associated with dredging, stream flow monitoring, the clearwell and back flow pond projects. He also explained that the third and fourth tiers would increase to encourage water conservation.
As to sewer rates, he explained that the monthly base rate would have to be raised from $17.57 per month to $28.43 per month because the cost estimates provided by the City of Willits had increased from $265,000 to $389,000. He summarized the expenditures which would be necessary to upgrade the sewage treatment plant prior to June 30, 2006. He also reported that golf annuals would be increased slightly. However, the daily rates would not increase.
General Manager Chapman asked for a motion to set the rates for Fiscal Year 2003/2004 as outlined in the budget.
District Counsel Neary suggested that the action be added as an agenda item. Director Pohlson made a motion to add the setting of rates to the agenda. The motion was seconded by Director Orth, and the vote was taken as follows:
AYES: Directors: Pohlson, Venturi, Horrick, Orth, Skezas
NOES: Directors: None
ABSENT Directors: None
Motion Carried.
SETTING OF RATES AND FEES FOR FISCAL YEAR 2003/2004
General Manager Chapman reviewed the proposed rates for Fiscal Year 2003/2004 as follows: the monthly service charge for water increase from $25.20 to $27.10. The water usage tier rates for regular service increase from 0.014, 0.024, 0.029, and 0.037, to 0.014, 0.024, 0.034, and 0.044, and the construction usage rate increase from 0.063 to .064. The monthly service charge for sewer increase from $17.57 to $28.43. As to golf rates, the annuals for single persons over eighteen would increase from $360.00 to $370.00, and each additional person over eighteen in the same household would increase from $245.00 to $255.00.
Director Venturi voiced concern that the Finance Committee, two years ago, had suggested raising annuals by $30 per year. However, he stated that he did not wish to object to the proposed $10 increase.
Director Orth made a motion that the rates, as summarized by the General Manager and outlined on page 4 of the budget, be adopted. The motion was seconded by Director Venturi.
Director Pohlson commented that the annual rate should be based on a certain number of rounds of play at the daily rate.
President Skezas called for a vote on the motion, which was taken as follows:
AYES: Directors: Venturi, Horrick, Orth, Skezas
NOES: Directors: Pohlson
ABSENT Directors: None
Motion Carried.
7. FURTHER CONSIDERATION OF ESTABLISHING A PLANNING ADVISORY COMMITTEE
General Manager Chapman briefly reviewed the prior discussions regarding the formation of the committee.
Director Pohlson read aloud an excerpt from page 6-12 of the Specific Plan, which states that the Brooktrails Architectural Review Commission (BARC) and the District Architect are the entities charged with implementing the provisions of Chapter 10. She pointed out that the BARC is currently utilized as an arbitration committee as opposed to an planning committee. She made a motion that the matter be referred to a special committee consisting of herself, Bob Terry and one other volunteer to investigate the scope of the proposed commissions and committees, and to make recommendations to the Board as to how to implement the Specific Plan's vision.
President Skezas voiced no objection to the proposal, but asked that the issue of the committee's role be resolved.
The motion was seconded by Director Horrick.
As requested by Director Venturi, the motion was re-stated by President Skezas, as the formation of an ad-hoc committee consisting of Director Pohlson, Bob Terry and another volunteer to outline the purpose of the committees identified in the Specific Plan. Bob Terry and Bob Houtz, resident of Harrah Place, agreed to volunteer for the committee.
A vote was taken on the motion which passed unanimously.
8. REVIEW OF ORDINANCE NO. 76, THE DISTRICT'S UTILITIES CODE, FOR POSSIBLE AMENDMENTS TO CHAPTER 4, ALLOCATION OF WATER AND SEWER CAPACITY
General Manager Chapman explained that the Utilities Code did not provide flexibility for consideration of hardship cases with regards to the allocation of water connections during a moratorium. However, Bruce Burton, Engineer with the State Department of Health (DHS), had stated at the meeting of April 8th, that hardship cases would be considered by them for exemption from the compliance order.
District Counsel Neary proposed that the priority list apply only to those applicants that are considered ready to proceed. He suggested simple language that clarifies "readiness to proceed" as those applications having a hardship exemption granted by DHS.
9. REVIEW SPRING NEWSLETTER AND SUMMER FIRE ABATEMENT HANDOUT
Director Orth asked that on page 1, in the fifth bulleted section of paragraph 5, the phrase "We are working to dredge our lakes, but due to the number of State and Federal permits required for such a dredging operation," be inserted before"our target date for this project is September, 2004." In the second to the last paragraph of page 2, he asked that "While many of you may question the justification" be struck from the second sentence, and the last sentence read as follows: "We will also be guided by the Brooktrails Specific Plan to assure you that providing a safe and adequate water supply, for both present and future customers, is a primary goal." He also asked that "and review the Brooktrails Specific Plan" be added in the last sentence after "You can keep up to date with what's going on in Brooktrails".
General Manager Chapman reported that Chief Schoeppner had asked that on page 3, in the Fire Hazard Abatement Checklist at the bottom, "on vacant parcel" be struck from the last item and "during the summer months" be added in its place.
Director Pohlson asked that "unanimously" be struck from the first sentence in the second to the last paragraph of page 2, as she had not voted in favor of the Water Availability Charge.
Director Orth moved to approve the newsletter as modified. The motion was seconded by Director Venturi.
Cathi Johnson, owner of property on Ridge Road, came forward to inquire about the status of hardship applications.
A vote was then taken on the motion, which passed unanimously.
J. SPECIAL REPORTS - GENERAL MANAGER
General Manager Chapman commented that public television was airing a documentary on local race horse legend, Seabiscuit.
K. PUBLIC COMMENTS
Bob Houtz asked if fire hazard abatement notices had been mailed out, and voiced concern about extensive growth of grass as a result of the late rains.
Claudia Reed, resident of Primrose Terrace, reported that burn piles in the greenbelt behind her house had been left unattended. She asked that notice of such burns be provided in the future.
L. ADJOURNMENT
Director Venturi moved to adjourn and President Skezas declared the meeting of April 22, 2003 closed at 8:22 p.m.
GEORGE SKEZAS, MICHAEL V. CHAPMAN
President Secretary to the Board of Directors |
