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MINUTES
BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
BROOKTRAILS COMMUNITY CENTER
24850 Birch Street, Willits, CA 95490
October 14, 2003 |
The Board of Directors of Brooktrails Township Community Services District met in regular session on October 14, 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
None
D. MINUTES OF PREVIOUS MEETINGS
September 23, 2003
General Manager Chapman asked that in the report on closed session regarding the General Manager's agreement, the word "five" be inserted before "sick days" and "vacation days." Director Orth moved to approve the minutes, as amended, seconded by Director Pohlson. The vote on the motion was unanimous in favor, with Director Venturi abstaining.
REPORT ON CLOSED SESSION
District Counsel Neary reported that the Board had met in closed session to discuss three matters of potential litigation, and had received advice from legal counsel. The Board approved an extension of District Counsel's contract for one year, with the hourly rate for extended legal services increasing from $125 to $150. The Board also met with its real estate negotiators regarding acquisition of the grove property, and authorized the extension of an offer of $170,000 to purchase the property.
E. SPECIAL PRESENTATION
RESOLUTION OF APPRECIATION TO DICK ROBIE, AND DEDICATION OF THE ROBIE TRAIL IN HIS HONOR
Director Orth moved to approve Resolution No. 2003-38, a Resolution dedicating the Robie Trail to Dick Robie. 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 No. 2003-38 Adopted.
President Skezas read the resolution aloud. Mike Aplet, President of the Wild Turkey Trail Club, came forward to accept the Resolution on behalf of Mr. Robie, and offered a few words of gratitude for Mr. Robie's contributions to the community.
SPECIAL REPORT FROM FIRE CHIEF DARYL SCHOEPPNER REGARDING FIRES IN SURROUNDING AREA
Fire Chief Daryl Schoeppner came forward. He introduced Susan Orme, who was recently hired as Office Assistant in the Fire Department, and John Noyer, Brooktrails Volunteer Fire Department Captain and CDF Dispatcher, both of whom were present in the audience.
Using a map on the wall, Chief Schoeppner pointed out the locations of approximately 146 fires that occurred on September 3rd, as a result of a lightning storm. He recapped the amount of personnel and equipment utilized during the incidents. He voiced his appreciation to the local volunteer fire fighters, and to the other agencies that assisted in the effort.
He also reported on a recent fire at the corner of Ponderosa and Lilac, which was apparently set by juveniles. He encouraged the Board members and audience to report any suspicious activity to authorities.
He provided an update on the status of the pending federal grant application for equipment, and confirmed that he was working with PG&E to acquire another pickup truck.
Chief Schoeppner confirmed for Director Orth that recent legislation established a tax of $35 per parcel for every parcel in the State to fund fire protection services. Although he anticipated that it would be temporary, he pointed out the effect it would have on the ability of local agencies to successfully pass fire tax measures.
Director Pohlson voiced her appreciation for the content of the written report prepared by CDF Chief Lloyd Johnson.
President Skezas read aloud a letter from Mendocino Redwood Company thanking the Brooktrails Fire Department for their assistance extinguishing a fire on September 22nd.
F. PUBLIC HEARING
None
G. PUBLIC COMMENTS
None
H. CONSENT CALENDAR
2. 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 Venturi and passed unanimously.
I. ACTION AGENDA
3. DISCUSSION OF PROPOSALS RECEIVED FOR EIR ON DREDGING OF LAKE EMILY
General Manager Chapman provided a brief review of the environmental issues involved with the dredging project, including wetlands that exist in the reservoir itself, transportation of the material when removed, and choosing a suitable deposit site. He reported that the project had been reclassified by the State Department of Health as a category "E" as opposed to a category "I" which would greatly improve the likelihood of funding through the State Revolving Fund.
Director Orth spoke in favor of the approach taken by Oscar Larson & Associates, which was to develop a project description as a starting point.
Director Pohlson agreed. She spoke against using the ball field as a deposit site, pointing out that it was built with Federal grant money, and represented the efforts of hundreds of people. She felt that the second field across the creek would be a more suitable site, pointing out that access would be available from the other side through private property. General Manager Chapman stated that several engineering firms recommended the ball field, which could be refurbish as an elevated field after completion of the project.
Director Venturi also agreed that the project description as proposed by Oscar Larson was appropriate, but asked that they include evaluation of both sides of Willits Creek as possible deposit sites.
General Manager Chapman commented that he would contact Oscar Larson and Associates to determine if there would be an increase in their cost to evaluate each side of Willits Creek as deposit sites.
4. CONSIDERATION OF A REQUEST FROM ROBERT AND CAROLYN HOWARD FOR AN EXTENSION TO THE OCTOBER 20, 2003 DATE BY WHICH THEY MUST PRODUCE A COUNTY BUILDING PERMIT AND PAY CONNECTION FEES
General Manager Chapman explained that the Howards had been given a 105 day extension, along with ten other applicants. He suggested that the Board take a position on multiple extensions.
Mr. Howard came forward and explained that they have had problems obtaining an engineering firm to develop the foundation plans, as the manufactured homes were relatively new on the market. He stated that they were willing to pay the connection fees to the District.
Director Pohlson suggested that the Board develop a policy which allows applicants a reasonable amount of time to complete the process, taking into consideration the amount of effort expended by the applicants.
Director Orth suggested a one-year time limit for applicants who have been granted allocations during a moratorium.
Director Horrick asked for clarification of the reasons why the house plans were rejected by the District Architect.
Mrs. Howard came to the podium. She provided a lengthy explanation of the problems they had with surveying and engineering, adding that the other items requested by the architect had been prepared, but that he had asked them to submit the complete package.
In response to questions from audience member, Rich Hazen discussion ensued regarding the different requirements between manufactured homes and stick-built houses.
President Skezas spoke in favor of reviewing each request for an extension on a case-by-case basis, as opposed to developing a blanket policy. Director Pohlson felt that the Utilities Code should be changed from forty-five days to one year. General Manager Chapman offered to provided a draft amending ordinance for consideration by the Board at a future meeting.
Director Orth made a motion to grant a waiver of Ordinance No. 76, Section 4-303, to extend the time limit for the Howards to May 23, 2004. Director Pohlson seconded the motion, which passed unanimously. President Skezas asked the Howards to submit everything they had to the architect to show progress.
5. CONSIDERATION OF A REQUEST FROM RICH HAZEN FOR AN EXTENSION TO THE OCTOBER 20, 2003 DATE BY WHICH THEY MUST PRODUCE A COUNTY BUILDING PERMIT AND PAY CONNECTION FEES
Mr. Hazen came forward to explain that he had been having problems with the plans at the County level, as well as with financing and ownership issues.
Director Venturi made a motion to grant a waiver of Ordinance No. 76, Section 4-303, to extend the time limit for Mr. Hazen by ninety days. The motion was seconded by Director Orth, and passed unanimously.
6. CONSIDERATION OF A REQUEST FROM KARL DAVIDEK FOR A WAIVER OF THE PROVISIONS OF ORDINANCE 76, SECTION 4-303.
President Skezas explained that Mr. Davidek had been approved for a connection on September 2, 2003, with one other applicant.
Mr. Davidek came forward to explain that due to financial constraints, he would have to revise his plans and have them reviewed again by the District Architect.
Director Venturi made a motion to grant a waiver of Ordinance No. 76, Section 4-303, to extend the time limit for Mr. Davidek by 180 days. The motion was seconded by Director Orth, and passed unanimously.
7. INTRODUCTION OF AN ORDINANCE AMENDING ORDINANCE NO. 76 TO ADD CHAPTER V, WATER CONSERVATION AND LEAK REDUCTION
General Manager Chapman reviewed the suggestions which were outlined in the staff report. He commented that the proposed guidelines which were developed by Richard Estabrook, although somewhat technical in nature, could be interpreted by an engineer in the future to develop the necessary model.
District Counsel Neary felt that the guidelines developed by Mr. Estabrook were excellent in terms of how the General Manager should make the necessary determinations. He explained that the Board's role is to establish policy, but not necessarily to review the technical data or methods used by the General Manager to make the determination.
Director Orth suggested that the methods used by the General Manager be reviewed at the annual planning meeting each year.
President Skezas spoke in favor of the language suggested for Section 5-101 in the staff report, "The General Manager is hereby authorized to develop further guidance as to the definition of "sufficiency of water storage capacity," the data to be collected, and methodology to be used in determining the sufficiency of water storage capacity. Such guidance shall not exceed or contradict the provisions provided in this Ordinance." However, he did not feel that the phrase "and shall be adopted by motion of the Board of Directors when the guidance is first developed and whenever changes to the guidance are recommended by the General Manager" was necessary. The other Board members agreed with his suggestion.
Board members also agreed that the last sentence in Section 5-104, "The General Manager shall also develop an outline of effective measures for water conservation and determine the best manner for dissemination to the public of such information", should be deleted.
District Counsel Neary suggested re-wording the first sentence in Section 5-201 to read "While a Conservation Resolution is in effect." Board members agreed to that change, as well.
Richard Estabrook came to the podium to point out errors in the numbering in Article 3. Corrections were noted.
8. RECEIVE SUMMARY REPORT / DRILLING RECOMMENDATIONS / HYDROGEOLOGIC EVALUATION PREPARED BY REGISTERED GEOLOGIST JOHN PHILLIPS
Director Orth made a motion to accept the written report from John Phillips. The motion was seconded by Director Venturi and passed unanimously.
9. REVIEW OF PROPOSALS FOR WELL DRILLING, AND CONSIDERATION OF A CONTRACT WITH WEEKS DRILLING
General Manager Chapman reviewed the two bids received for drilling wells. He reported that he expected to receive written approval from the lender soon.
Director Venturi made a motion to award the contract to Weeks Drilling, pending confirmation of loan approval from RCAC. The motion was seconded by Director Orth and passed unanimously.
Richard Estabrook came forward. He pointed out that items 3, 4, 5 and 6 of the Weeks contract addressed additional costs for drilling in rock, although the costs would still be well below the other bid. He also raised the issue of disposal of drilling mud, and suggested asking Weeks for clarification of those items. He also pointed out that the Beylik proposal included well testing, well development, and water disposal costs that were not included in the Weeks proposal, which could be a significant issue.
General Manager Chapman discussed the additional crew which would be present to conduct testing and calculations during the drilling process. Mr. Estabrook also suggested clarifying the minimum obligation in the event that the well is not productive.
10. LAFCO QUESTIONNAIRE SURVEY FROM MENDOCINO CITY CSD
Director Orth reviewed the funding issues that have been addressed by LAFCO over the last several years. He stated that once a Special District joins LAFCO there is no way to withdraw.
He explained that the hospital district had been exempted from the fees until such time as they are profitable, which results in the fees being reapportioned to the other Special Districts. He suggested approaching Third District Supervisor, Hal Wagenet, as LAFCO used to be funded 100% by the County. He also suggested scheduling a meeting with the Executive Director of LAFCO to determine what is being done with the money and what is required under State law.
Director Pohslon reviewed a list of services which are supposed to be provided by LAFCO, including assistance with infrastructure needs, identifying funding sources, identifying cost avoidance opportunities, and opportunities to restructure rates. She felt that the cost would be justified if they produced the information listed.
J. SPECIAL REPORTS - GENERAL MANAGER
General Manager Chapman reported on a recent meeting with Ray Hall and Gary Pedroni at the County Department of Planning and Building regarding the 5-year Specific Plan update. He anticipated written comments from them would be ready for the Board's November meeting.
He reported that he would be meeting on October 28th with representatives from USDA Rural Development regarding the clearwell project.
Director Venturi voiced his appreciation to the General Manager for following up on the insurance claim for damages to the fire hydrant caused by a motor vehicle.
In response to President Skezas, General Manager reported that the grant application for trail bridges was approximately $140,000. Janice Gendreau, Chairperson of the Recreation Committee who was present in the audience, provided additional information regarding the application.
Director Orth inquired about the Auditor's adjustment resulting in additional money due to the Pro Shop Manager. General Manager Chapman explained that it was a one-time adjustment.
K. PUBLIC COMMENTS
Director Orth reminded the audience members that there would be an election on November 4th for School District Board and Brooktrails Board of Directors.
Janice Gendreau came forward to suggest that the spoils from the dredging project be used to create a community garden, and that areas near the airport be considered for deposit of the material.
A resident of Hawk Terrace reported that his water was off for at least six hours on Saturday, October 11th. General Manager Chapman responded that repairs were necessary to some of the tanks in the area.
Director Pohlson asked the Board to consider utilizing the seminars available for Board member training.
L. ADJOURNMENT
Director Orth moved to adjourn and President Skezas declared the meeting of October 14, 2003 closed at 8:45p.m.
GEORGE SKEZAS
President
MICHAEL V. CHAPMAN
Secretary to the Board of Directors |
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