The Board of Directors of Brooktrails Township Community Services District met in regular session on March 11, 2003 at 7:00 p.m. in Brooktrails Community Center.
REPORT ON CLOSED SESSION
Acting Chairman Orth reported that the Board had met in closed session, including President George Skezas by speaker-phone, regarding labor negotiations, and had given direction to Labor Negotiator, Mike Chapman.
A. PLEDGE OF ALLEGIANCE
General Manager Chapman announced that he had spoken with Bruce Burton, District Engineer with the State Department of Health in regards to the compliance order. Mr. Burton provided assurance that the amended permit application filed by the District would be approved, raising the ceiling from 1,451 to 1,488, to allow the 37 individuals whose plans for development had been approved by the District Architect. He reported that he would notify the County Department of Planning and Building upon receipt of the approved amended permit, and that he would also notify the applicants to remind them that the hookup fees will increase effective April 12, 2003.
B. ROLL CALL
Roll call showed the following Directors present: Pohlson, Horrick, Venturi, and Orth. Also present were General Manager Chapman and District Counsel Neary. President Skezas was absent.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
Acting Chairman Orth asked that the Annual Reconciliation of Charges for Sewer by the City of Willits be deferred to a future meeting for discussion. No objections were raised.
D. MINUTES OF PREVIOUS MEETINGS
February 25, 2003
Director Pohlson moved to approve the minutes of February 25, 2003, as written, seconded by Director Horrick. Motion passed unanimously.
E. SPECIAL PRESENTATION
2. PRESENTATION OF FIRE DEPARTMENT ANNUAL REPORT FOR 2002
Fire Chief Daryl Schoeppner took the podium. He reported that the alarm status for 2002 was about average, although call volume was down in 2003 to date. He briefly reviewed incidents and suspicious fires, and commented that 51% of the incidents that occur are medical calls.
Chief Schoeppner updated the Board on the progress of the CDF crews' work in the greenbelt, and on grant fund applications in process for medical equipment and vehicles. He also outlined upcoming training exercises planned.
F. PUBLIC HEARING - None
G. PUBLIC COMMENTS
Robert and Lisa Gribi, owners of a sixty-acre parcel off of Ridge Road, came forward to ask for a statement from the Board concerning their water rights. District Counsel Neary commented that General Manager Chapman had referred this matter to him, and that the water rights on the property were not reserved by the original developers of the Brooktrails subdivision. General Manager Chapman confirmed that he had delivered a letter to the Gribi's agent that day.
Kurt Ackerman, resident of Clover Drive, came forward to ask the Board to reinstate Summer Lake as a backup water supply, and to work towards the development of a third reservoir. Acting Chairman Orth asked Mr. Ackerman to reserve his comments for the agenda item.
H. CONSENT CALENDAR
2. REVIEW OF ACCOUNTS PAYABLE REPORT AND AUTHORIZATION TO ISSUE CHECKS
Director Pohlson moved to approve the report and authorize issuance of checks. The motion was seconded by Director Venturi and passed unanimously by the members present.
3. REVIEW OF ANNUAL RECONCILIATION OF CHARGES FOR SEWER BY THE CITY OF WILLITS
Deferred.
I. ACTION AGENDA
4. CONSIDERATION OF A RESOLUTION DECLARING THAT THE PROVISIONS OF SECTION 4-301 OF DISTRICT ORDINANCE NO. 76 ARE IN EFFECT
For the benefit of the Willits News reporter, and for the audience members who arrived late, General Manager Chapman repeated the announcement made at the beginning of the meeting regarding the approved amended permit from the State Department of Health Services (DHS).
General Manager Chapman reported that the DHS inspected the District's facilities in October of 2001. After review of the inspection report at the January 8, 2002 Board meeting, the engineering firm of T.M. Herman and Associates was hired to conduct a lake capacity study, which indicated 22% loss of capacity due to accumulated sedimentation in the lakes. The study was reviewed by Mark Vogel, PE, who concurred with the findings. After presentation of the study to the Board of Directors at the meeting of February 25, 2003, General Manager Chapman met with Bruce Burton, District Engineer of the DHS on February 27, 2003, who issued the compliance ruling. The compliance ruling was made public at the March 1, 2003 Board of Directors meeting.
Director Pohlson reviewed the figures used as the basis for the District's prior permit from DHS to serve 2,000 homes. She acknowledged the volume lost through sedimentation and the need to increase supply, but voiced concern about the cost.
Director Horrick noted that part of the resolution being considered by the Board was to develop a plan to address the issues. He suggested that additional data on streamflows into Lake Emily and Lake Ada Rose be collected and evaluated, and that conservation measures be implemented.
Director Venturi summarized the two issues which need to be addressed, source water and storage capacity. He suggested that the thirteen sites identified in the 1995 well study be explored, that the lake dredging project be pursued, and that above-ground water storage options, such as water bags, be examined. District Counsel Neary confirmed for him that the District has the right to appeal the compliance order. Director Venturi spoke in favor of doing so.
Acting Chairman Orth commented that as new sources are developed, the DHS should release new connections. He voiced concern about low rainfall, and spoke in favor of developing a conservation plan, early placement of the splashboards at Lake Emily, development of wells, and measurement of actual streamflows to determine if adjustment can be made to the amount of water released into the creek.
He also asked that the water rights EIR be restarted, and that preparations begin for a Proposition 218 vote, whereby the owners of vacant parcels would bond themselves to build the third reservoir, and/or an environmentally superior project.
General Manager Chapman provided a brief update on the status of wells investigation, dredging, above-ground water storage tanks, development of a water conservation plan, leakage detection, and streamflow metering devices.
Concerned audience members that spoke to the Board included Vernon Hutt, who asked for a copy of the list of the 37 approved allocations, Jerry Treadway who asked for an outline of the allocation process, Chuck Bumsted, who recently purchased a vacant lot and was unable to build, and Kate Carter, whose plans were approved and had obtained a Building Permit from the County, but hadn't paid connection fees. In response to Ms. Carter's concerns, General Manager Chapman explained that she was included in Group B, those who had paid the $279.00 fee and were down at the County. Randy Dorn, a contractor who recently purchased a lot to develop felt that the study in progress should have been a matter of record and disclosed on his title report. He also asked for clarification of the issues raised in the study, and how the DHS justified reducing the allowable connections.
Director Pohlson asked District Counsel Neary if the District would have to show sufficient water supply for 1,488 SFRs during a dry period before the DHS would allow more connections. District Counsel Neary stated that it would involve review of the data to determine if the report justifies the conclusion upon which the order is based.
General Manager Chapman, who had lengthy discussions with the DHS engineer, stated that there are no guarantees. He reviewed the number of SFRs expected to be recovered by dredging and wells, and was optimistic about being able to show increased capacity and supply.
Mr. Dorn asked about reassessment of property value for tax purposes, and about water and sewer standby fees. General Manager Chapman reported that he had spoken to the Assessor's office who would review property values by request. He reviewed the amount of revenue which could be lost if the standby assessment were not charged and the effect it would have on the monthly charges to the current customers.
Claudia Reed, with the Willits News, suggested researching available State and Federal grant programs. General Manager Chapman reported that he was also working with Third District Supervisor Hal Wagenet at the County level regarding sources of available funds. He also confirmed for Mr. Dorn that the connection fees would increase effective April 12, 2003.
Karl Davidek, owner of property in Brooktrails who had not yet submitted plans for development, reiterated that the data in the report indicates that the District can only serve 770 homes during a ten-year drought, yet currently has 1,451 hookups. He asked for clarification of anticipated funding sources for the necessary improvements.
Director Pohlson asked District Counsel Neary for an outline of Proposition 218 bond issue process, including an anticipated timeline.
Richard Estabrook, resident of Primrose Drive and former Board member, pointed out that the fish release requirements had not changed since 1974, questioned the validity of the data used in 1993 to increase the District's permit to 2,000 homes, and voiced concern about the District's ability to obtain a bond issue.
A break was called to change the tape.
BREAK at 8:51 p.m. - RECONVENE at 8:57 p.m.
Richard Olsen, one of the 37 approved applicants, pointed out the economic impact the moratorium will have on the County and the Willits area. He urged the Board to address the problems as quickly as possible, offered suggestions as to how to increase supply and reclaim water, and suggested the data in the reports be challenged.
Kurt Ackerman spoke in favor of keeping the water standby fees in place for vacant lots. General Manager Chapman questioned the ability to collect standby fees when under the compliance order from the DHS. Director Orth commented that the decision on collection of availability charges has not yet been made, and felt that establishment of a work schedule to develop new resources may justify collection of the charges. Director Pohlson pointed out that availability charges are assessed each March 1st for a one year period.
Formal General Manager Mike Phelan took the podium. He voiced his opinion that availability charges could be imposed if the District were to start the appeal process, but recommended following advice of District Counsel Neary on the matter.
Karl Davidek asked for clarification of the Design Review process.
Robert Terry, resident of Poppy Lane, asked the Board to maintain the water moratorium as a standing item on the agenda to keep the public informed. Acting Chairman Orth recommended that the interested audience members review agendas and minutes on the District's website.
Director Venturi made a motion to adopt Resolution No. 2003-9, a Resolution Declaring That the Provisions of Section 4 Article 3 of District Ordinance No. 76 Are in Effect Due to a Water Moratorium. The motion was seconded by Director Pohlson, and the vote was taken as follows:
AYES: Directors: Pohlson, Horrick, Venturi, Orth
NOES: Directors: None
ABSENT: Directors: Skezas
Resolution No. 2003-9 Adopted
5. DISCUSSION OF ESTABLISHING BOARD POLICY REGARDING BILLING OF MONTHLY BASE RATES TO ALL PARCELS WHICH HAVE METERS OR HAVE PAID CONNECTION FEES
General Manager Chapman explained that vacant homes and cabin units with inactive meters which are connected to both the water and sewer systems currently do not have the base rates applied to them when service is discontinued by the owner or tenant. The utility bill is prorated according to the number of days the service was provided. Also, 21 meters that exist on unimproved lots are not being billed the water base rate.
In response to Director Pohlson, District Counsel Neary confirmed that an amendment to Ordinance No. 76 would be required to establish policy. Director Pohlson pointed out that when the connection fees are paid, the District lowers the annual assessment, and is not receiving money for maintenance unless the base rate is charged.
Director Horrick asked if it would free up an SFR if a vacant property owner wanted to give up the connection rather than pay the base rate. General Manager Chapman reported that the District's utility data base was provided to the Department of Health Services, and he would have to confer with them on the issue.
Director Orth asked for clarification regarding transferability of water connections from one parcel to another. He voiced concern about the owners of the vacant parcels selling their connection. District Counsel Neary confirmed that it is prohibited under the Utilities Code.
Director Pohlson spoke in favor of the concept. She questioned the benefit to the District of not allowing the use of the 21 inactive meters, and suggested that people be allowed to purchase one of the vacant parcels, donate it to the District, and transfer the connection to another parcel.
District Counsel Neary pointed out that lot donations are premised upon the Board's acceptance of the parcel.
Director Venturi raised the issue of connection fees. Director Orth suggested a "transfer fee" be charged to relocate the meter. District Counsel Neary commented that implementing such a program to utilize the 21 permitted connections may justify imposition of the availability charges.
Director Pohlson suggested recovery of previously reduced availability charges could be accomplished through the transfer fee, similar to the policy for connection fees in the past, whereby parcels that did not participate in the original bond assessment paid more.
Director Orth suggested that the 21 property owners be contacted to advise them of the program being developed. Director Pohlson suggested developing a list of the 21 property owners for distribution to people who want to build. District Counsel Neary reminded the Board members that the list would be generated from the District's utility records, which are not public records, so the property owner's permission would be required.
Board members directed staff to develop a program for discussion at a future meeting. District Counsel Neary confirmed that availability charges must be set at the last meeting in April, and provided guidance as to passage of an emergency amending Ordinance to the Utilities Code if required.
In response to comments from Robert Terry, Director Orth confirmed that the consensus of the Board was to charge the monthly base rate to all properties that have paid connection fees, whether the water service is currently provided, or not.
J. SPECIAL REPORTS - GENERAL MANAGER
The Board reviewed February warrants. General Manager Chapman provided clarification of the check issued to Gene Holden for engineering required for the golf pro shop window addition. Upcoming agenda items were reviewed. General Manager Chapman spoke in favor of the remuneration calculation method proposed by Chief Schoeppner, and noted the addition to the agenda of the annual reconciliation of charges for sewer, which was deferred.
District Counsel Neary reported that he would not be able to attend the meeting of March 25, 2003, and offered his comments concerning the District's contribution to the City of Willits' Sewer Capital Equipment and Land purchases.
The Board received the minutes of December Safety Committee Meeting.
General Manager Chapman reported that Bob Whitney, resident of Iris Terrace, had filed appeals to two construction projects and has requested a hearing before the Architectural Review Commission.
Director Venturi provided an update on the condition of a police officer who was recently shot in Ukiah.
Acting Chairman Orth provided an update on President Skezas' medical condition.
K. PUBLIC COMMENTS - None
L. ADJOURNMENT
Director Venturi moved to adjourn to Closed Session, and Acting Chairman Orth declared the meeting of March 11, 2003 closed at 10:04 p.m.
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
CHARLES A. ORTH
Vice President
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