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MINUTES
BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
BROOKTRAILS COMMUNITY CENTER
24850 Birch Street, Willits, CA 95490
May 13, 2003 |
The Board of Directors of Brooktrails Township Community Services District met in regular session on May 13, 2003 at 7:10 p.m. in Brooktrails Community Center.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Roll call showed the following Directors present: Pohlson, Horrick, Orth and Skezas. Also present were General Manager Chapman and District Counsel Neary. Director Venturi was absent.
REPORT ON CLOSED SESSION
President Skezas reported that the Board had met in closed session to discuss two potential litigation cases. On one case they had taken no action, and on the other they had instructed the General Manager to send an administrative letter to a local realtor in response to a mailing by them which contained misinformation. The misinformation was corrected by a newsletter sent to all property owners by the District. They also completed their mid-year performance evaluation of the General Manager.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
Director Pohlson asked that a special presentation be added for Robert Terry to report the findings of the Specific Plan ad-hoc committee. General Manager Chapman explained that the item was scheduled for the May 27th meeting. She asked that the report be handed out for review prior to the next meeting. President Skezas suggested that Mr. Terry present the report as public comments. No agenda item was added.
D. MINUTES OF PREVIOUS MEETINGS
April 22, 2003
Director Pohlson moved to approve the minutes of April 22, 2003 as written, seconded by Director Orth. Motion carried unanimously by the members present.
E. SPECIAL PRESENTATION - None
F. PUBLIC HEARING - None
G. PUBLIC COMMENTS
Robert Terry, resident of Poppy Lane and member of the Specific Plan ad-hoc committee, came forward and briefly reviewed his written report for the Board. President Skezas confirmed that the matter was scheduled for the next Board meeting.
H. CONSENT CALENDAR
2. REVIEW OF ACCOUNTS PAYABLE REPORT AND AUTHORIZATION TO ISSUE CHECKS
3. CONSIDERATION OF A RESOLUTION ACCEPTING GRANT DEED FOR TWO PARCELS ON RIDGE ROAD AND TWO PARCELS ON BLUE LAKE LANE FROM GENERAL AGRICULTURAL SERVICES, INC.
Director Orth moved to approve both items on the consent calendar. The motion was seconded by Director Horrick.
Director Orth commented on the payment of the retainer for the hydrological study, the purchase of the portable stream-flow meter, and the CalOsha penalty. Regarding the payment for the electrical panel, General Manager Chapman explained that it was for a maintenance item.
Director Pohlson asked for an update on the sale of donated lots. General Manager Chapman explained that escrow is expected to close within a few weeks.
A vote was taken on the motion as follows:
AYES: Directors: Pohlson, Horrick, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: Venturi
Resolution No. 2003-13 Adopted.
I. ACTION AGENDA
4. FURTHER DISCUSSION OF LAFCO REQUIREMENTS TO ENTER INTO AN OUT-OF-AREA FIRE SERVICES AGREEMENT
General Manager Chapman explained that a public hearing would need to be scheduled to adopt a Resolution of Application to LAFCO. A draft resolution was attached for review.
Director Orth made a motion to schedule a public hearing for May 27, 2003. The motion was seconded by Director Horrick and passed unanimously.
5. FIRST REVIEW OF PROPOSED WATER CONSERVATION AND LEAK REDUCTION PROGRAM
General Manager Chapman explained that as a part of the compliance order issued by the Department of Health Services (DHS), a Water Conservation Plan and Leak Reduction Program must be submitted to DHS by June 1, 2003. He stated his intention to ask for an extension of that date, noting the time line and sequence of events which were required to adopt the program as Chapter V of Ordinance No. 76.
District Counsel Neary commented that the proposed Ordinance could be treated as an emergency ordinance under the circumstances by introducing the ordinance, scheduling a public hearing for the second meeting in May, and having the ordinance effective immediately upon its adoption.
General Manager Chapman commented that a water shortage emergency was not anticipated this year because of the late season rains.
Director Orth commented that the preamble to the ordinance states that the conservation program is triggered by a dry year, which he did not think was reflected in the ordinance itself, as written.
General Manager Chapman explained that he had reviewed several other water conservation plans, and incorporated those provisions which he felt best met the needs of the District. He pointed out that the stage water conservation plan outlined in Article 4 would be implemented when the watershed flows are inadequate to meet the District's demand and Willits Creek by-pass requirements.
President Skezas suggested, since the plan was for the DHS, that it be submitted to them for review and comment prior to beginning the ordinance process. Board members voiced their agreement with his suggestion.
In the first sentence of paragraph (a) of section 5-202, Director Pohlson asked that the words "drip or" be added before "automatic sprinkler", that the word "sprinkling" be deleted from the second sentence, and that the word "anytime" be deleted from the last sentence. On page 4, she asked that penalties provide for restriction as opposed to discontinuation.
District Counsel Neary felt it was unclear as to who imposes the penalties outlined in Article 6, and voiced concern about the lack of due process. Director Pohlson asked District Counsel Neary for an opinion on due process.
Robert Terry offered comments regarding the definition of water shortage, pointing out that the level of the lake will be lowered for dredging in 2004, regardless of the amount of rainfall.
General Manager Chapman proposed deleting "without further authorization from the Board" from the first paragraph of Section 4-403, as it repeated language in the first paragraph of Section 4-401.
6. CONSIDERATION OF A RESOLUTION APPROVING FUND TRANSFER FROM THE GENERAL FUND TO THE FIRE FUND AND GOLF FUND, AND EXPENSE FROM THE GENERAL FUND, FIRE FUND AND GOLF FUND INTO THE WATER ENTERPRISE FUND
General Manager Chapman explained that sufficient funds existed in the General Fund to effectuate transfers into the Golf and Fire Funds which could, in turn, repay debt owed to the Water Fund. He commented on the significant progress which had been made in the General Fund, which would allow it to help other funds.
Director Horrick made a motion to adopt Resolution No. 2003-14, a Resolution Approving Fund Transfer from the General Fund to the Fire Fund and Golf Fund, and Expense from the General Fund, Fire Fund and Golf Fund to the Water Fund. The motion was seconded by Director Orth and the vote was taken as follows:
AYES: Directors: Pohlson, Horrick, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: Venturi
Resolution No. 2003-14 Adopted.
7. CONSIDERATION OF A FIVE-YEAR LEASE WITH XEROX FOR A NEW COPIER
General Manager Chapman explained that renegotiation of the lease would actually save money as well as upgrade the equipment.
Director Pohlson made a motion to approve the five year lease with Xerox, and authorize the General Manager to sign. The motion was seconded by Director Orth and passed unanimously.
8. NOMINATION OF SPECIAL DISTRICT REPRESENTATIVE TO LAFCO
Director Orth made a motion to nominate Dick Bozarth, of Millview County Water District. The motion was seconded by Director Horrick, and the vote was taken as follows:
AYES: Directors: Pohlson, Horrick, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: Venturi
Motion Carried.
9. INTRODUCTION OF ORDINANCE NO. 120 ADOPTING THE SEWER STANDBY CHARGE FOR FISCAL YEAR 2003/2004
Director Orth made a motion to introduce Ordinance No. 120, an Ordinance Prescribing Sewer Standby Charge for Fiscal Year 2003/2003. The motion was seconded by Director Horrick, and the vote was taken as follows:
AYES: Directors: Pohlson, Horrick, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: Venturi
Ordinance No. 120 Introduced.
Director Orth made a motion to set a public hearing on Ordinance No. 120 for May 27, 2003. The motion was seconded by Director Horrick, and passed unanimously.
J. SPECIAL REPORTS - GENERAL MANAGER
General Manager Chapman reported that the Board of Supervisors, at their meeting of May 6th, had voted in favor of lowing the speed limit on Birch Street in front of the Brooktrails Lodge to 25 mph, but had requested that County Counsel Peter Klein investigate if it would be enforceable. He also reported that fire engine 5285 had been towed to Santa Rosa for replacement of the engine, and that the CalOSHA penalty in the amount of $2,850 had been paid, as well as about $5,000 spent on compliance items. Also, Geologist John Phillips would begin the study on wells, and approximately 20 files were sent to the Department of Health Services for consideration of hardship exemption to the compliance order.
He reported that the District would not be accepted into the TRAN notes program this year because it did not meet the minimum loan size requirements. He read aloud the second paragraph of a letter received from the loan officer which stated "Our review of Brooktrails 2002-03 financial position showed great improvement over last year. While we cannot say with certain that the credit and rating agencies would have approved your application, it would have been significantly harder for them to reject the 2003-04 application. Brooktrails showed improved financial positions in the three areas cited last year, negative equity, sporadic revenue collection and thin cash reserves."
Also, a letter from Trail Club member Mike Aplet indicated that the Active Living by Design Grant Application was not approved. General Manager Chapman suggested that Mike Aplet be nominated as a member of the committee referenced in the letter.
The Board reviewed the warrants for April. General Manager Chapman clarified the purchase of that a lift station pump motor. Director Orth noted that a large deposit was made into the LAIF fund.
Robert Terry offered suggestions regarding measures that could be taken to avoid future CalOSHA penalties. General Manager Chapman reviewed the measures that had been taken.
K. PUBLIC COMMENTS - None
L. ADJOURNMENT
Director Horrick moved to adjourn and President Skezas declared the meeting of May 13, 2003, 2003 closed at 8:04 p.m.
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
GEORGE SKEZAS,
President |
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