The Board of Directors of Brooktrails Township Community Services District met in regular session on April 13, 2004 at 7:12 p.m. in Brooktrails Community Center.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Roll call showed the following Directors present: Ziady, Horrick, Skezas, Pohlson and Orth. Also present were General Manager Chapman and District Counsel Neary.
REPORT ON CLOSED SESSION
The Board met with and instructed Counsel concerning one existing item of litigation, Johnson v. Brooktrails Township CSD, Mendocino County Superior Court No. SCUK-CVG-03-91251. The Board also met with Counsel regarding one item of anticipated litigation. By vote, the Board added one item to the agenda pertaining to a real estate negotiation concerning the acquisition of 160 acres in the Spring Creek watershed. The Board also met for performance evaluation of the General Manager. The Board also met with and instructed the General Manager regarding labor negotiations.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
None.
D. MINUTES OF PREVIOUS MEETINGS
1. Director Horrick moved to approve the minutes of March 23, 2004 without amendment. Director Skezas seconded and the motion was carried unanimously.
E. SPECIAL PRESENTATION
None
F. PUBLIC HEARING
None
G. PUBLIC COMMENTS
Wallace Stahl of Rose Terrace advised the presence of dumped fill below Rockefeller Trail off of Buckeye Court. He presented photographs to the Board of Directors. He measured the fill as spanning 100' downslope and 150' wide at the top. He stated the slide appears to have been there for many years. He stated that piles of asphalt and cracked pipe are also present. He questioned why this fill had been left upstream of Lake Ada Rose and asked what actions the Board might take to prohibit this deposit in the future.
General Manager Chapman expressed familiarity with the issue and stated he understood hay was supposed to have been spread on certain piles in the top area. Mr. Stahl stated a small amount of hay had been spread, but stated this was inconsequential considering the square footage involved. Mr. Chapman stated that if District staff have to repair water and sewer lines within the roadway, and if they must dig down into an asphalt road for any reason, the District cannot refill it with the removed dirt. Instead, the District must bring in high-quality gravel for County compaction reasons. He agreed that the District must address the question of the asphalt, which can be very expensive to remove, but the District must have a spot to place it. Mr. Stahl suggested using a level spot as opposed to slope. President Orth thanked Mr. Stahl for bringing the matter to the Board's attention and stated it would probably be a future agenda item.
Robert Terry of Poppy Lane spoke regarding three rebars (trees) by Lake Emily which have eroded through and could be removed at the time Lake Emily is dredged.
H. CONSENT CALENDAR
2. REVIEW OF ACCOUNTS PAYABLE REPORT AND AUTHORIZATION TO ISSUE CHECKS
Director Skezas moved to approve the report and authorize issuance of checks. The motion was seconded by Director Ziady and passed unanimously.
I. ACTION AGENDA
3. CONSIDERATION OF CFIP GRANT AND BUDGET FOR GREENBELT MANAGEMENT PLAN (DEMONSTRATION FOREST); CONSIDERATION OF SPECIAL RECREATION COMMITTEE PUBLIC MEETING ON GREENBELT MANAGEMENT PLAN APRIL 24, 2004
General Manager stated that the CFIP grant of $4,185.00 was received in February 2004. He stated that the Recreation/Greenbelt Committee has been working on this issue for several years. Previously it had been discussed that the District would encumber $15,000 towards the project, but it is now anticipated that the District will need to contribute $20,000 for them to complete their goals and objectives.
Jerry Garvey took the podium and answered questions from the Board. He stated that the proposed project would inventory about half of the greenbelt, which was last inventoried in the 1980s. He stated he and Mr. Sternberg would begin in May if the budget were approved. He stated he believed that at least $3,000 of the increase in the budget was due to Mr. Sternberg's request to participate in a project public workshop, and that he needed to be reimbursed for his time and travel from Fort Bragg. Several directors commented that funds for such a project had simply not been available in the past. Director Skezas expressed a concern over the recent "prevailing wage" state rule and its impact on volunteer work on such projects. Another discussion occurred between the General Manager and the Board of Directors regarding the overlapping costs apportioned between two fiscal years since this project will occur during the summertime.
Janice Gendreau of the Recreation/Greenbelt Committee spoke and stated that the program was being formulated by Mr. Garvey and Roger Sternberg, and would be facilitated by Greg Giusti, who had spoken about this project at a number of public meetings in the past. President Orth stated that the management plan would address issues such as diseases, watershed health, removing crowded trees and watershed restoration and such issues as the fill site mentioned earlier.
Director Skezas moved to approve the proposed budget. Wallace Stahl asked if the public would be allowed to speak on the issue. He stated he was concerned that the plan was going to be approved before there was any public input as to the desirability of the plan. Janice Gendreau stated that there was no plan yet and President Orth clarified the vote was for money to develop the plan with public input. Mr. Stahl inquired several questions about the total cost estimated at $24,185. Mr. Stahl requested that the decision on the budget be postponed until after the April 24th meeting as, after hearing about the plan, the public may not want it.
Claudia Reed of the Willits News asked whether the $24,185 was for a study to develop a plan and not for an actual plan. President Orth replied that this project would launch the plan.
Andrea Oseguera of the audience asked why the $24,185 was being spent when it could be used to find water. President Orth stated that we needed to dredge because of erosion problems from previous timber harvests and that everything the District does to the watershed will increase its health and its water system. Director Skezas stated that he wanted it to be clear that in the short term the plan will not help the water situation
Director Skezas asked again if delaying the vote two weeks would have any impact. Mr. Chapman said the District would have to pay Mr. Sternberg for the scheduled April 24 meeting. Director Skezas asked if that would exceed $4,185.00. Mr. Chapman stated it would not. Director Skezas asked Ms. Gendreau if waiting three days after the April 24th special meeting before passing the budget would be all right. Ms. Gendreau and Mr. Chapman stated it would be okay. Director Skezas then proposed to postpone the vote until after the April 24th meeting when the public would perhaps be more comfortable with the idea. He stated he would make a motion to this effect. President Orth stated he did not think a motion was required. General assent was expressed by the Directors.
4. CONSIDERATION OF NOTICE OF INTENTION TO FIX WATER AVAILABILITY CHARGES FOR FISCAL YEAR 2004/2005, AND SETTING A PUBLIC HEARING FOR APRIL 27, 2004
Director Skezas moved to approve the notice of public hearing and set a public hearing for April 27, 2004. Director Horrick seconded the motion. Public comment was solicited; none was forthcoming. The motion was carried unanimously.
5. CONSIDERATION OF A RESOLUTION PRESCRIBING SEWER STANDBY CHARGE FOR FISCAL YEAR 2004/2005 AND SETTING A PUBLIC HEARING FOR JUNE 22, 2004
Mr. Chapman clarified that this is regulated under Health & Safety Code as opposed to Government Code and therefore has a slightly different procedure. Brief discussion followed as to procedure. Director Skezas moved for approval of Resolution 2004-8 and to set a public hearing for June 22, 2004.
AYES: Directors: Ziady, Horrick, Skezas, , Orth
NOES: Directors: Pohlson
ABSENT: Directors: None
6. SET PUBLIC HEARING ON BUDGET FOR FISCAL YEAR 2004/2005 FOR JUNE 8, 2004
Director Skezas moved to set a public hearing on the budget for Fiscal Year 2004-2005 for June 8, 2004. Director Horrick seconded. The motion was carried unanimously.
7. INTRODUCTION OF DRAFT ORDINANCE 124 AMENDING SECTIONS OF ORDINANCE NO. 93 AND SCHEDULE PUBLIC HEARING FOR APRIL 27, 2004
Director Ziady stated that she did want the special (third) meeting in September to be specifically included in the revised ordinance. She clarified that she wanted the ordinance to reflect a third regular (rather than special) meeting in September. An audience member stated there was an error in the proposed ordinance and after brief discussion it was agreed that "first Tuesday" should be corrected to read "second Tuesday." The directors agreed to table the matter and gave direction to General Manager Chapman to correct and amend as specified above.
8. CONSIDERATION AND ADOPTION OF GOALS AND OBJECTIVES FOR FISCAL YEAR 2004-2005 (continued from March 23, 2004 meeting)
General Manager Chapman reviewed the status of the goals and objectives list and discussed potential problems presented by Director Pohlson's request for timelines. Director Pohlson said she would like department heads and standing committees to provide timelines on their management of the projects listed for their areas, rather than have the Directors assign such timelines. General Manager Chapman stated this process would take several months and might not come back to the Board before July 2004. Director Pohlson stated this was satisfactory. Director Ziady agreed that the departments and committees needed to set their own internal timelines but that micromanagement by the Board should be avoided. Director Horrick stated that he agreed with the idea of input on goals and objectives from department heads, but not necessarily with their providing timelines. Director Skezas had no comment. President Orth stated that because of circumstances such as the unpredictable economy he felt that timelines were unrealistic, and that some goals could only be achieved when time and circumstances were both right. General Manager Chapman pointed out the addition to the agenda format which lists major matters over six months. He stated he saw value in approaching the department heads for input and in tabling adoption of the goals and objectives until after that was completed.
J. SPECIAL REPORTS - GENERAL MANAGER
General Manager Chapman reviewed his memorandum and reminded the public of the upcoming "Table Top" meeting and fire evacuation drill on May 13, 2004, which will involve multiple agencies and an evacuation drill. He updated the Board as to its recent resolution requesting theopening of the Sherwood - Fort Bragg Road and Supervisor Hal Wagenet's advice that the resolution is moot as that road is already open during the summer. He stated that bids have been solicited for the second well drilling. Director Pohlson asked if a specific number of wells were scheduled for next year; Mr. Chapman advised Wells 2 and 3 are scheduled within the balance of this calendar year, and then the well drilling policy will be reevaluated depending on those results. Director Pohlson asked if bids should be solicited for the drilling of both scheduled wells rather than one; General Manager Chapman advised that he is following advice of District Counsel on the procedure and will further discuss this with Mr. Neary. Mr. Chapman advised that the Elections Office rejected our latest format for the fire tax measure proposed. Director Pohlson discussed potential changes to the language of the measure, including emphasis on a fire prevention program rather than a fire prevention officer. General Manager Chapman advised this will be considered at a later date.
K. PUBLIC COMMENTS
Bob Turner requested information on the status of the golf course agreement with Ron Runberg. District Counsel Neary advised it was still being drafted with Mr. Runberg's counsel and should be before the Board at the next meeting.
L. ADJOURNMENT
Director Horrick moved to adjourn and President Orth declared the meeting of April 13, 2004 closed at 8:32 p.m.
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
CHARLES A. ORTH,
President
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