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SPECIAL MINUTES
BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
BROOKTRAILS COMMUNITY CENTER
24850 Birch Street, Willits, CA 95490
June 23, 2003
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The Board of Directors of Brooktrails Township Community Services District met in special session on June 23, 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
June 10, 2003
Director Pohlson moved to approve the minutes of June 10, 2003 as written, seconded by Director Horrick.
The vote on the motion was taken as follows:
AYES: Directors: Pohlson, Horrick, Orth,
NOES: Directors: None
ABSENT: Directors: None
ABSTAIN: Directors: Venturi, Skezas
Motion carried.
E. SPECIAL PRESENTATION
None
F. PUBLIC HEARING
2. HEARING ON WATER AVAILABILITY CHARGES
President Skezas opened the public hearing at 7:02 p.m.
David Paland, resident of Redwood City, CA, and owner of a Brooktrails home at 25581 Daisy Lane, came forward to protest the application of the monthly base rates for water and sewer to his property when the water service was shut off. General Manager Chapman clarified that this public hearing was for Water Availability assessments. Mr. Paland withdrew his protest.
Ward Stavig came forward to protest the application of availability charges to his mother's vacant parcel on Goose Road, as she was unable to develop it or sell it.
Director Orth pointed out that because there is a water line adjacent to the property, the parcel is subject to the assessment. A review of the Assessment Report indicated that the parcel was being charged $30 for Water Availability and $50 for Sewer Standby. Mr. Stavig withdrew his protest.
Nancy Stemkosksi, owner of a vacant parcel on Peacock Road, asked for clarification on the use of availability funds, and when the State compliance order would be resolved. General Manager Chapman provided an update on the plans for dredging the lake, and reported that several promising well sites had been identified.
Maria Bates, resident of Spring Creek, asked for clarification of where the money would come from for the dredging and well development. General Manager Chapman explained that the projects would be financed over time, and the effect on the water bill would be determined by how the debt was spread over time.
Hearing no other protests, President Skezas closed the public hearing at 7:23 p.m.
Director Orth made a motion to approve the report on Water Availability Charges. The motion was seconded by Director Venturi, and the vote was taken as follows:
AYES: Directors: Horrick, Venturi, Orth, Skezas
NOES: Directors: Pohlson
ABSENT: Directors: None
Motion carried.
3. HEARING ON SEWER STANDBY CHARGES
President Skezas opened the public hearing at 7:26 p.m.
David Paland came forward to question the constitutionality of increasing the Sewer Standby Charge from $22 to $50. President Skezas explained that the Sewer Standby Assessment had not changed from the prior year, and suggested that perhaps he was looking at the amount of each installment. Mr. Paland insisted that his assessment had increased, but could not provide the APN of his property to verify the charges with the report.
President Skezas asked for a motion to continue the public hearing on the parcel in question until such time as Mr. Paland could provide the APN to verify that the assessment was correct. Director Pohlson stated "So moved." The motion was seconded by Director Venturi, and passed unanimously.
Hearing no other protests, President Skezas closed the public hearing at 7:30 p.m.
Director Orth made a motion to adopt the Sewer Standby Assessment Report, with the exception of Mr. Paland's property. The motion was seconded by Director Venturi, and passed unanimously. (Note: Mr. Paland withdrew his protest later in the meeting.)
4. PROPOSED RATES AND FEES ADJUSTMENTS FOR WATER AND SEWER RATES AND FEES; AND GOLF COURSE GREEN FEES AND ANNUALS
General Manager Chapman explained that the three factors which effect the rates and fees are regulators, the size of the system, and the number of users.
President Skezas opened the public hearing at 7:33 p.m.
Maria Bates urged the Board to make water issues the top priority, and question the value of continuing the operation of the golf course.
In response to Paul Shibata, resident of Primrose Place, General Manager Chapman explained that money could be transferred from the General Fund to the Golf Fund, but not from Water or Sewer. He explained that there was an existing loan from the Sewer Fund to the Golf Fund that was made prior to the passage of Proposition 218, which had been paid down from $184,000 to approximately $61,000.
Mr. Shibata, commented that he had compared the water and sewer rates of Clear Lake, Ukiah, Fort Bragg, Lakeport and Willits, and that Brooktrails was the most expensive.
Director Orth encouraged Mr. Shibata to review the Specific Plan on the website to gain an understanding of the planned capital projects.
Nancy Stemkosksi proposed increasing golf fees to subsidize the water and sewer departments. She also questioned the District's allocation of County tax revenues. General Manager Chapman reported that the District receives approximately $250,000 per year in ad valorem taxes. Ms. Stemkosksi also suggested that regulators sometimes waive mandates for small water districts.
David Paland came forward, and withdrew his protest to the Sewer Standby Charge, as he had found a copy of his tax bill and verified that the charge was correct. Director Pohlson made a motion that Mr. Paland's protest be withdrawn. The motion was seconded by Director Orth and passed unanimously.
Mr. Paland suggested that 44% of the $390,000 paid to the City of Willits for sewer charges should be added to the District's personnel costs. President Skezas explained that the majority of the $390,000 was for capital improvements, not operations. General Manager Chapman offered to review the annual reconciliation of charges for sewer by the City of Willits with him.
Mr. Paland presented a lengthy argument as to why the application of the monthly base rates for water and sewer to his property would fall under the provisions of Proposition 218.
District Counsel Neary stated that water rates are exempt from the Proposition 218. He explained that application of the base rate to each metered parcel was not a new charge, it was an administrative issue regarding the way the billing had been handled in the past, and that waiver of the monthly base rate had never been approved by the Board of Directors.
James Kenny, resident of Poppy Drive, voiced concern about the effect the increased rates and fees would have on people with fixed incomes. He asked that priority be given to water for people's personal use, and suggested that the General Manager research the internet for available sources of money.
After additional brief statements by Mr. Paland and Ms. Bates, President Skezas closed the public hearing at 8:45 p.m.
Director Orth made a motion to adopt Resolution No. 2003-19, a Resolution Repealing Resolution No. 2002-18, and Establishing Rates and Charges for Water and Sewer Utility Connections and Services.
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. 2003-19 adopted.
Director Venturi made a motion to adopt Resolution No. 2003-20, a Resolution Establishing Fees and Charges for the Use of the Brooktrails Golf Course.
The motion was seconded by Director Orth, and the vote was taken as follows:
AYES: Directors: Horrick, Venturi, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
ABSTAIN: Directors: Pohlson
Resolution No. 2003-20 adopted.
G. PUBLIC COMMENTS
Robert Terry, resident of Poppy Lane, felt that the District employees and Board members should have participated in the recent emergency preparedness drill.
Patricia Cornell, resident of Robin Place and NEST group member, reiterated Mr. Terry's comments.
H. CONSENT CALENDAR
5. 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 Horrick and passed unanimously.
I. ACTION AGENDA
Director Pohlson excused herself from the discussions of items 6 and 7, as her husband is an employee of the District.
6. APPROVAL OF A ONE YEAR AGREEMENT WITH EMPLOYEES EFFECTIVE JULY 1, 2003
General Manager Chapman reported that the agreement provided no COLA increase and added a provision that the employees would be contributing towards the cost of health care for dependents.
Director Venturi made a motion to adopt Resolution No. 2003-21, a Resolution of the Board of Directors of the Brooktrails Township Community Services District Approving a One-year Agreement with the District Employees.
The motion was seconded by Director Horrick, and the vote was taken as follows:
AYES: Directors: Horrick, Venturi, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
ABSTAIN: Directors: Pohlson
Resolution No. 2003-21 Adopted.
7. CONSIDERATION OF A RESOLUTION ESTABLISHING SALARY, WAGE, FRINGE BENEFIT PLAN AND FEE SCHEDULE FOR ALL EMPLOYEES AND OFFICERS OF THE DISTRICT, EFFECTIVE JULY 1, 2003
Director Orth made a motion to adopt Resolution No. 2003-22, a A Resolution Establishing a Salary, Wage, Fringe Benefit Plan and Fee Schedule for All Employees, Retirees, and Officers of the District, and Providing for Adjustment thereof on July 1, 2003.
The motion was seconded by Director Horrick, and the vote was taken as follows:
AYES: Directors: Horrick, Venturi, Orth, Skezas
NOES: Directors: None
ABSENT: Directors: None
ABSTAIN: Directors: Pohlson
Resolution No. 2003-22 Adopted.
A break was called to change the tape.
BREAK at 8:56 p.m. - RECONVENE at 9:03 p.m.
8. CONSIDERATION OF A RESOLUTION ADOPTING THE FINAL BUDGET FOR FISCAL YEAR 2003/2004
General Manager Chapman noted that the name of the Water Connection Fee Fund had been changed to Water Capital Facility Fund, and the Sewer Connection Fee Fund had been changed to Sewer Capital Facility Fund, and asked that the Resolution be corrected.
Director Horrick made a motion to adopt Resolution No. 2003-23, A Resolution Adopting the Appropriations Budget for Fiscal Year 2003-2004, as corrected.
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. 2003-23 Adopted
9. REVIEW OF PROPOSED AMENDMENT TO AGREEMENT WITH TRI- COAST HOLDINGS, INC.
General Manager Chapman reported that the necessary boundary line adjustment had been approved by the County, in accordance with the terms of the contract. He outlined the proposed changes to the agreement which would revise the route of the access road from Blue Lake Lane, explaining that the modification would be beneficial for erosion control.
As a result of the changes to the road, three commercial grade trees on District property would have to be cut, resulting in revenue of approximately $1,000 to $2,000. He suggested that the revenue be used to reimburse the Fire Department, or for the Non-industrial Timber Management Program, or for trail maintenance. He also pointed out that the contract called for a $5,000 payment from the District, and would result in acquisition of approximately 160 acres.
Director Orth pointed out that as a part of the THP restoration work and improvements would be done on the property which would be beneficial to the watershed. He felt that any income derived should first be used to offset the cost, and then applied to development of the trails in the area.
Director Pohlson spoke against the proposal of being named in the THP or of entering into a partnership with Tri Coast Holdings. She suggested deeding the property to them that they need for the road, reserving a trail easement, in exchange for a waiver of the $5,000 the District agreed to pay. They would then be responsible for the entire THP and any necessary future boundary line adjustments.
Charlie Martin, Division Chief with CDF, took the podium. He suggested that if the District is named as a timberland owner in the harvest plan, the agreement should specify that the District would not be responsible for the construction or maintenance of the road through the easement, and that Tri Coast Holdings should be required to notify CDF in writing that they are accepting all responsibility. He also stated that not being named as a timberland owner in the THP would minimize the District's exposure for liability.
General Manager Chapman commented that the ridge in the area to be acquired may be valuable for the development of wells, and the District may want to retain ownership of the road.
District Counsel Neary suggested that Director Pohlson's idea be considered, and that the matter be further discussed at a future meeting.
10. CONSIDERATION OF A RESOLUTION AMENDING RESOLUTIONS NO. 2002-23 AND 2002-24
General Manager Chapman reported that funds had been received for the sale of a surplus lot on Ridge Road. He explained that because the Water Fund and Sewer Fund had paid the costs of the merger program, the amending resolution would provide distribution directly to those funds instead of through the General Fund.
Director Pohlson spoke in favor of putting the money in the General Fund, which would allow the General Manager to allocate it at his discretion.
Director Orth commented that the potential of a Proposition 218 election in the future provides an opportunity to promote the lot merger program, as once passed it will set charges on unimproved lots, whether merged in the future, or not. He also pointed out that much has been done to reimburse the Water and Sewer Funds over the last few years.
General Manager Chapman stated his intention to reimburse the Water and Sewer Funds equally with the proceeds from the two transactions. The Board members voiced their agreement with the General Manager's proposal. Director Venturi confirmed that the fund transfer would be allowed under the existing Resolution's language.
11. REVIEW OF NCGA (NORTHERN CALIFORNIA GOLF ASSOCIATION) RATING, AND DISCUSSION OF LENGTHENING THE GOLF COURSE
General Manager Chapman reported that the loss of the NCGA rating could effect the budget by as much as $10,000 to $12,000.
Director Orth made a motion to authorize the General Manager to proceed with the proposed modifications to the golf course. The motion was seconded by Director Venturi, and passed unanimously.
12. CONSIDERATION OF A CLAIM AGAINST THE DISTRICT BY BERYL SPALDING
District Counsel Neary advised that the claim be discussed in closed session. Director Orth moved to schedule a closed session at the next meeting. The motion was seconded by Director Pohlson and passed unanimously.
J. SPECIAL REPORTS - GENERAL MANAGER
General Manager Chapman briefly reviewed the items in the General Manager's report. He also reported that grass lot abatement notices had been sent to 300 lot owners, one of the abandoned vehicles had been removed from Robin Circle by the County, and that he would be attending a budget workshop in Lakeport on Tuesday, June 24th.
He reported that Chief Schoeppner may be receiving donation from PG&E of a four wheel drive 1995 Jeep Cherokee to replace the Ford Bronco.
District Counsel Neary reported that he had prepared an outline of the proposed Water Conservation Plan for the Board's consideration at the next meeting.
K. PUBLIC COMMENTS
Robert Terry inquired about a non-operational vehicle being stored behind the District's maintenance shop.
Director Pohlson asked for an agenda item for July 8th to discuss resubmitting the grant application for the grove property.
L. ADJOURNMENT
Director Orth moved to adjourn and President Skezas declared the meeting of June 23, 2003 closed at 9:43 p.m.
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
GEORGE SKEZAS,
President
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