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MINUTES


BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT

BOARD OF DIRECTORS

BROOKTRAILS COMMUNITY CENTER

24850 Birch Street, Willits, CA 95490

July 22, 2003


The Board of Directors of Brooktrails Township Community Services District met in regular session on Minutes July 22, 2003 at 7:00 p.m. in Brooktrails Community Center.


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 agenda item number 6, Consideration of Annual Financial Statements from Solid Wastes of Willits, be deferred to the next meeting. Director Orth made a motion to defer the item, seconded by Director Venturi. The motion passed unanimously.

REPORT ON CLOSED SESSION

District Counsel Neary reported that the Board had met in closed session regarding anticipated litigation, pursuant to Government Code Section 54956.9(b), and the Board gave instructions to counsel. No further action was taken.

D. MINUTES OF PREVIOUS MEETINGS

July 8, 2003

Director Venturi moved to approve the minutes of July 8, 2003 as written, seconded by Director Pohlson. The vote on the motion was taken as follows:

AYES: Directors: Pohlson, Venturi, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
ABSTAIN: Directors: Horrick
Motion Carried.

E. SPECIAL PRESENTATION

FIRE CHIEF, DARYL SCHOEPPNER. REPORT ON THE JUNE 21, 2003 MASS CASUALTY INCIDENT DRILL

Chief Schoeppner came forward and explained that the recent mass-casualty drill which was conducted at Ells Field, was held in place of the traditional "table top" session. Agencies in attendance included Little Lake Fire District Heavy Rescue Unit, Laytonville Fire District, California Department of Forestry (CDF), California Highway Patrol (CHP), Mendocino County Sheriff's Department, CalStar Air Ambulance, and Brooktrails Neighbor Emergency Services Team (NEST.) Utilizing a television monitor, he presented a slide show of the event, which was a mock incident of a school bus involved in a vehicle accident, injuring twenty people. He expressed his appreciation to the Brooktrails volunteers and all outside agencies involved in the successful event.

After a brief question and answer session with audience members, Chief Schoeppner reported on a recent motor vehicle accident which occurred on Daphne Way, and announced that he had received donation of a 1997 Ford pickup truck from PG&E for fire department use. He also reported that over 400 private lot owners had been sent notices to abate fire hazards, and that the greenbelt abatement project funded through a grant from CDF, was nearly complete.

He reported that he was in the process of applying for a $260,000 grant through the National Fire Administration to purchase a new fire engine. He updated the Board on the training program for volunteers, and reported on a recent fire in Spring Creek. He also reported that the Fire Department Office Assistant, Melody Puentes had resigned to accept full time work elsewhere, which he attributed to cuts made in the department due to budget constraints.

In response to Bob Houtz, resident of Poppy Drive, Chief Schoeppner provided information regarding a recent fatal escavator accident in the Second Gate Creek area.

F. PUBLIC HEARING

2. HEARING ON ORDINANCE NO. 121

General Manager Chapman provided a brief summary of the proposed ordinance, which would amend the District's utility code to require a sewer backflow prevention device in all new construction, and would define the term "ready to proceed" with respect to applications for water service during a moratorium.

President Skezas opened the public hearing at 7:38 p.m. Beryl Spalding, resident of Lilac Lane, and Bob Houtz, came forward to speak in favor of the requirement for a sewer backflow prevention device. Patricia Cornell, resident of Robin Place, suggested that the District install a backflow prevention device in the homes of residents upon request. Bill Edmondson, resident of Primrose Drive, stressed the importance of making builders aware of the new requirement.

Hearing no other comments, President Skezas closed the public hearing at 7:44 p.m.

Director Pohlson asked that all residents who come into the District office to change their water service or to pay their bill be notified about the benefits of a sewer backflow prevention device, and that they sign a waiver taking responsibility if they choose not to install the device.

Director Orth made a motion to waive further reading, and adopt Ordinance No. 121, an ordinance amending Ordinance No. 76 to revise Chapter III, Article 4, Section 3-404 to require a sewer backflow prevention device in all new construction, and to add the definition of "ready to proceed" to Article 2 of Chapter IV. The motion was seconded by Director Pohlson, and the vote was taken as follows:

AYES: Directors: Pohlson, Horrick, Venturi, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
Ordinance No. 121 Adopted.

G. PUBLIC COMMENTS

A non-resident property owner asked about the status of the water moratorium, and requested information regarding the lot donation program. General Manager Chapman invited him to come into the District office for a detailed report on the water situation.

Bob Terry, resident of Poppy Lane, suggested requiring a sewer backflow prevention device upon change of ownership. He expressed his appreciation for the portable toilet facilities provided at Lake Emily.

Bill Edmondson commented that he was sorry to hear that District employee, Melody Puentes, had resigned.

Bob Houtz reported that the used manufactured home on Daphne Way was for sale.

H. CONSENT CALENDAR

3. REVIEW OF ACCOUNTS PAYABLE REPORT AND AUTHORIZATION TO ISSUE CHECKS

4. CONSIDERATION OF A RESOLUTION ACCEPTING GRANT DEED FOR ONE LOT ON BEAR DRIVE FROM CHARLOTTE WALKER

5. CONSIDERATION OF A RESOLUTION APPROVING FUND TRANSFERS FROM THE GENERAL FUND TO THE WATER ENTERPRISE FUND AND SEWER ENTERPRISE FUND

Director Orth moved to approve the items on the consent calendar. The motion was seconded by Director Venturi and the vote was taken as follows:

AYES: Directors: Pohlson, Horrick, Venturi, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
Resolution Nos. 2003-25 and 2003-26 Adopted.

I. ACTION AGENDA

6. CONSIDERATION OF ANNUAL FINANCIAL STATEMENTS FROM SOLID WASTES OF WILLITS
Deferred.

7. GENERAL MANAGER'S REPORT ON PRELIMINARY WATER WELL SITES

General Manager Chapman commented that he had received a geological map of the proposed well sites from Geologist John Phillips, which was on the wall behind the table for the Board's reference. He reported that he had sent letters to prospective lenders, and hoped to begin drilling at the site near the water plant as soon as possible. With reference to the geological map on the wall, he briefly reviewed the geology of the area and the potential drilling sites, and expressed optimism about the prospects of successful wells.

Director Pohlson suggested that the County be approached for assistance with funding, and that application be made for assistance through the State Revolving Fund.

In response to Director Orth, General Manager Chapman explained that connection charges could not be used for projects that would increase the water source capacity until the supply level was back to the existing number of service connections.

In response to Bill Edmundson, District Counsel Neary explained that the study done during the Specific Plan process contemplated that wells would be explored as a bridge to go from the allowed 2,000 connections to 2,500.

In response to Director Orth, General Manager Chapman confirmed that the list of potential sites would be prioritized taking into consideration population and accessability.

8. DISCUSSION OF RESPONSE TO THE MENDOCINO COUNTY GRAND JURY REGARDING PARKING ISSUES IN BROOKTRAILS

General Manager Chapman reported that the Grand Jury's final report on the Brooktrails parking issue had been received, which required a response from the Board, the General Manager, and the Fire Chief.

Director Horrick commented that because the roads are County roads, the District does not have jurisdiction over them. If the District did pass an ordinance prohibiting parking, there would not be money to enforce it.

Director Venturi voiced his agreement with the conclusion in the Grand Jury's report.
Director Orth commented that he had driven many of the roads which were subject to complaints, and felt that there was adequate space. He also voiced his agreement with the Grand Jury's conclusion.

Director Pohlson suggested that the Board approach the County Department of Transportation with a plan of action which would include prioritizing the main thoroughfares for fog line painting. She also suggested establishing more fire lanes in the District.

President Skezas voiced agreement with Director Horrick as to budgeting for the cost of enforcement.
General Manager Chapman addressed concerns raised by Arthur Eck, resident of Padula Drive, regarding complaints about parking and accumulation of rubbish.

A lengthy discussion ensued regarding fire lanes and parking issues.

President Skezas expressed confusion about the conclusion of the report, and read it aloud as follows "According to the professional judgment of the Fire Chief, Brooktrails manager, peace officers, and the majority of other political and safety officials, the parked and or abandoned cars, boats, and motor homes would not significantly interfere with the fire fighting equipment and pose no danger to fire safety in Brooktrails." He asked for the other Board member's feelings regarding the statement.

Director Orth voiced his agreement with the conclusion, noting the number of abandoned cars which have been removed from the District.

Director Pohlson commented that it was not her conclusion, and that it was not based on the judgement of the residents, which is who the Board of Directors has to answer to. She pointed out that the recommendation is that the Board of Directors take a leadership role.

Director Horrick stated that he recognized the problems, but agreed with the conclusion.

Director Venturi stated his agreement with the conclusion.

President Skezas confirmed that the consensus of the Board was in agreement with the conclusion.

As to the recommendation which suggests that the Board should enforce the "ordinances", Director Pohlson clarified that the "ordinances" refers to the Specific Plan. Director Orth pointed out that the Specific Plan is a County Ordinance.
President Skezas asked that a draft response from the Board be placed on the next agenda.

9. DISCUSSION OF THE DRAFT HOUSING ELEMENT OF THE COUNTY OF MENDOCINO'S GENERAL PLAN

General Manager Chapman raised concern about the financial impact of second granny units and the impact second units would have on the District's water supply.

Director Orth asked that the connection fees shown on page 3-18 be updated. He pointed out that the County's General Plan stated that 80% of the available residential lots in the unincorporated area of the County with water and sewer service available is in Brooktrails.

Director Pohlson asked that a report be obtained from the Housing Authority indicating the number of low income housing units available in the District. With reference to Action 6.16 on page 14, she suggested working with the County to obtain funding for the water projects needed in the District.

President Skezas also voiced concern about the impact of second units, and asked for clarification of how many Brooktrails units were included in the total of 3,391 shown in the Regional Housing Needs Allocation chart in Attachment A.

10. DISCUSSION OF REQUIRING THE USE OF ALL NEW MATERIALS, INCLUDING MANUFACTURED HOMES, FOR CONSTRUCTION OF HOUSING

General Manager Chapman reported that a used manufactured home was being installed on Daphne Way, and while there was no code prohibiting used manufactured homes, he suggested that the Board address it as a policy issue.

He summarized the 1974 the National Mobile Home Construction and Safety Standards Act which specifies that if any additions or alterations are made to the structure the State of California is required to inspect the manufactured home.

District Counsel Neary advised the Board members that State law prohibits any action which is discriminatory to manufactured housing.

Dave Jackson, project coordinator and consultant for the property owner, Chris Flindt of Santa Rosa, took the podium. He answered questions from Director Pohlson regarding the structure's compliance with the District's design standards, and assured her that all required permits had been obtained.

Director Pohlson voiced concern about fire hazard from the double roof installed to bring the roof pitch up to Brooktrails' standards, and about the possibility of pests being imported into the District.

Director Orth complimented Mr. Jackson on the quality of the site preparation, adding that manufactured homes can help to reduce the cost of new housing.

Mr. Jackson outlined the improvements that would be done to the interior and exterior of the structure.

Director Pohlson suggested reviewing standards regarding driveways and parking areas for all new homes.

Bob Houtz, resident of Poppy Drive, raised concerns about disclosure and the double roof.

J. SPECIAL REPORTS - GENERAL MANAGER

General Manager Chapman reported that the proposed dredging project would not qualify for funding through the State Revolving Fund. He reviewed the environmental concerns raised by engineers. A brief discussion ensued regarding potential sites for deposit of the silt.

General Manager Chapman reported that he had received an estimate of $2,500 to upgrade the metering equipment so that USGS can monitor the stream flow in Willits Creek. He also provided an update on the status of the golf course's USGA rating.

K. PUBLIC COMMENTS

None

L. ADJOURNMENT

Director Orth moved to adjourn and President Skezas declared the meeting of July 22, 2003 closed at 9:38 p.m.


MICHAEL V. CHAPMAN
Secretary to the Board of Directors


GEORGE SKEZAS,
President
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