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MINUTES
BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
BROOKTRAILS COMMUNITY CENTER
24850 Birch Street, Willits, CA 95490
August 24, 2004 |
The Board of Directors of Brooktrails Township Community Services District met in regular session
on August 24, 2004 at 7:04 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 SESSIONS.
District Counsel Neary reported that in a special closed session held August 9, 2004, Resolution 2004-20 had passed authorizing escrow closing August 24, 2004 for acquisition of an approximately 153-acre addition to the greenbelt, including a buffer zone for Willits Creek and a trail easement connecting Spring Creek with the Brooktrails trail system.
District Counsel Neary also reported that at the closed session preceding the current meeting, the Directors had met with Counsel regarding a matter of potential litigation which would now become a policy issue and no longer be discussed in closed session.
C. ADDITIONS/ADJUSTMENTS TO THE AGENDA
None.
D. MINUTES OF PREVIOUS MEETINGS
- 1. July 27, 2004 - Director Horrick moved to approve the minutes and Director Skezas seconded.
The motion was passed unanimously.
E. SPECIAL PRESENTATION
Lt. Sheriff Tom Allman, Mendocino County Sheriff's Department - General Manager Chapman introduced Lt. Sheriff Allman for his annual report. Lt. Allman asked that he be contacted at the Willits office with any problems. This included any public experiences with the Sheriff's office responses or problem handling. Lt. Allman stated they are trying to institute a separate coding for Brooktrails in their database so that they can be separately counted for reporting.
President Orth inquired whether it was correct that the Brooktrails evacuation plan was being updated by two deputies in Lt. Allman's office. Lt. Allman replied this was not true. He suggested that someone from Brooktrails have three meetings with them on the evacuation plan, and that it be posted on the web page too. He suggested specific zones be assigned and perhaps indicated on residents' water bills or physically painted on the streets. He suggested it be done before next year's table top meeting.
Fire Chief Schoeppner responded that he had met with Undersheriff Captain Broin at the chiefs' meeting and was told that two deputies on light duty would be preparing an evacuation plan.. President Orth suggested that an evacuation plan might be fundable under Homeland Security. He suggested that the proposed meetings be conducted among the Fire Safe Council, Chief Schoeppner and the sheriff's office. A member of the Fire Safe Council indicated their group's willingness to contribute to such a plan. President Orth asked that Lt. Allman confer with Chief Schoeppner and the Fire Safe Council and schedule these meetings.
F. PUBLIC HEARING
None.
G. PUBLIC COMMENTS
Citizen Richard Jergenson from the Brooktrails/Spring Creek/Sylvandale Fire Safe Council stated they were placing metal street signs in Sylvandale. He said they would like to work with the Sheriff's office to update the evacuation plan. Additionally he said that when he came to the District office for a copy of the plan, he was told they were no longer available because they were outdated, and he had to go to the Sheriff's office to find one, but that it took the Sheriff's office awhile to find a copy for him. Mr. Jergenson said that the plan did not include Swamp Gulch (adjacent Sherwood Road), and that as the largest local body of water in that area, it might be a good area to gather in case of a large fire.
Citizen Sue Crawford from the same Council stated she had found mapping errors in the USGS Spring Creek map used at the table top drill, and that she was concerned about the fire trucks finding a particular site with an incorrect map. She pointed out that the map showed that Condor Road connected to Blue Lake Road, when in fact Condor road is a dead end. She also pointed out that Swamp Lake is not located on the maps.
Citizen Roger Wear from Gateway Realty asked whether non-resident lot owners were participating in the fire tax election. General Manager Chapman responded that registered voters residing within the fire district could vote, and that a two-thirds majority was required to pass a Special Tax. Counsel Neary stated an assessment would require majority approval of all property owners, but that this election was for a Special Tax under Prop. 13. Director Pohlson clarified that it was two-thirds of the ballots cast, not of the total registered voters. President Orth reminded the audience that the ballot must be received by the registrar by 8:00 p.m. August 31st. President Orth further clarified that a bond would require an assessment procedure. Mr. Wear asked if vacant lot owners had anything to say in the District in the last 15 years. President Orth responded that the existence of the Specific Plan Committee included public participation from many vacant lot owners. Mr. Wear asked how many ballots were sent out and returned. President Orth avowed about 2,200 were sent out and perhaps a third or more would be returned. Mr. Wear stated he found it amazing that 1,000 votes could control 6,000 lots.
Citizen Jim West of Gateway Realty handed out a diagram to the Directors and audience and stated he was bringing up his cause again about CDF and Brooktrails regulations and fire safety. He stated the diagram applied to Brooktrails lots and to greenbelt. Mr. West stated he understood that the District didn't want to see trees cut, but he also suggested he was sure the District did not want to be responsible for people being burned to death in a fire. He stated no steps were being taken to thin the trees going back into the forest from the houses. He then complained that he had not been allowed by the administrative assistant to look at the videotape of the last meeting because the minutes had not yet been approved and that that was a violation of the Brown Act. The general manager said he would check into that.
Chief Schoeppner spoke briefly in support of the fire tax election. He stated he would attend the vote count.
H. CONSENT CALENDAR
2. Review of Accounts Payable Report for 8/25/04 and authorization to issue checks. Review and Retroactive Approval of Accounts Payable Report for 8/11/04.
General Manager Chapman pointed out the $17,500.00 account payable for quarry site remediation. He also directed the Board's attention to some capital clean-up expenses on the Golf Course. Director Skezas moved to approve the report and authorize issuance of checks and to retroactively approve the August 11 check run. The motion was seconded by Director Horrick and passed unanimously.
I. ACTION AGENDA
3. Consideration of Draft Resolution 2004-19 - Specific Plan Advisory Committee - amend Exhibit A of Resolution 2003-30. General Manager Chapman and President Orth stated that this was the finalization of the clarification at the July 27th meeting regarding assigned activities of the Specific Plan Committee. Director Skezas moved to adopt the resolution and Director Horrick seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
President Orth clarified that the next number in the resolution sequence, 2004-20, had already been used in executive session regarding the acquirement of the Tri-Coast property (e.g., 153 acres).
4. Consideration of Draft Resolution 2004-21 - Declaration and Sale of Surplus Equipment. General Manager Chapman discussed the old and unused equipment and vehicles which needed disposal. Director Skezas moved to adopt the resolution and Director Horrick seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
5. Consideration of Draft Resolution 2004-22 - Update Conflict of Interest Code. General Manager Chapman discussed the need to update our code biennially and the fact that the District had two new and active committees which should be added to the code. Director Pohlson moved to adopt the resolution and Director Horrick seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
Wallace Stahle of the Recreation/Greenbelt Committee thanked the Board for taking this action and stated there were a couple of members of that committee who were involved in forestry and who might be benefiting from some of the expenditures that the committee was recommending.
6. Consideration of Draft Resolution 2004-23 - Annual Update of Investment Policy - and Draft Resolution 2004-24 - Annual Update of Indebtedness Policy. General Manager Chapman discussed the requirement to update these policies annually and the specific growth and interest figures for this year. Director Ziady complimented the District on its recovery from its previous financial situation. President Orth expressed thanks to retiring Finance Committee Bill Jack. Director Skezas moved to adopt the resolution and Director Horrick seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
General Manager Chapman discussed the present and future debt situation. Director Skezas moved to adopt the resolution and Director Horrick seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
7. Consideration of Draft Resolution 2004-25 - Terry Land Exchange. Director Skezas, who had a conflict of interest, left the table and returned after the vote was taken. General Manager Chapman explained that the findings of the Board at the July 27th meeting had now been incorporated into the required resolution for adoption. Director Pohlson moved to adopt the resolution and Director Horrick seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: Skezas (recused)
Mr. Terry expressed his satisfaction with the action of the Board and asked if there were any urgency to have the surveying done. President Orth said it was up to Mr. Terry as to when to follow through.
J. ADDITIONS TO FUTURE AGENDAS
President Orth stated he would like a public health officer to provide an update on the West Nile Virus, possibly during the community forum. He specifically asked if contracting West Nile confers immunity.
K. SPECIAL REPORTS
General Manager Chapman presented a review of District finances, stressing that all figures involved were provisional, as the annual audit was still in progress. He also reviewed his memo to the Board and advised the District would begin an extensive sewer smoke testing process next week. Director Skezas asked if testing on Well #1 had been completed and General Manager Chapman advised that it is still pending. Director Skezas asked if the third well process has been begun and General Manager Chapman advised it was still scheduled for December 1, because it will be an almost identical process to Well #2.
Citizen Bob Terry, a member of the Specific Plan Advisory Committee, stated that he did not feel the Board had provided direction when it had sent District Architect Axt's comments on water tanks to the committee. General Manager Chapman said he would check into that situation.
Director Ziady asked if the Board would need, in the future, alarms for the sewer lift stations, given the recent vandalism at the Madrone lift station. General Manager Chapman advised there were alarms now to signal sewer tank malfunctions, but not for the burglaries themselves. District Counsel Neary advised that under the Anti-Terrorist Act, trespassing on public water supply property is now a federal offense with greatly increased penalties. President Orth expressed his opinion that the two recent burglaries may indicate a threat to the system's security and that the Board should consider alarming the premises to secure them and factor this into the next year's budget.
General Manager Chapman thanked District Counsel Neary for his extended work on the Tri-Coast property acquisition, and expressed his appreciation that, whether the public knew it or not, this complicated land acquisition could not have occurred without Mr. Neary's legal expertise. President Orth said this property would now be assigned to the Recreation Committee to develop an action plan, and stressed that the property was best described as a "distressed watershed." Director Ziady said she believed Recreation/Greenbelt Committee member Wallace Stahle and another member would do an initial walk-through.
News reporter Claudia Reed asked what the agenda would be for the community forum meeting, and the directors responded that it was a short agenda to allow for public input. General Manager Chapman agreed to provide her with an early copy of the agenda so she could include it for advance notice in the paper.
L. PUBLIC COMMENTS
Wallace Stahle noted that the CFIP grant report was apparently going to be discussed at an evening regular board meeting rather than at the community forum meeting on Saturday, September 18. Director Ziady responded that it would, in fact, be partially discussed at a special Saturday meeting to be scheduled (probably in October).
Mr. Stahle asked about the encampment issue. General Manager Chapman had discovered this in the greenbelt after a complaint was filed by a citizen and Mr. Chapman cleaned it out because it was very small in size.
M. ADJOURNMENT
Director Skezas moved to adjourn and President Orth declared the meeting of August 24, 2004 closed at 8:36 p.m.
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
CHARLES A. ORTH,
President
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