The Board of Directors of Brooktrails Township Community Services District met in regular session on January 13, 2004 at 7:07 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
District Counsel Neary reported that the Board had met in closed session and gave advice to counsel on three matters of potential litigation. The Board approved execution of an agreement with the firm of Terry E. Kreig, CPA, for auditing services for approximately $27,000.00, met with their real estate negotiator concerning acquisition of 160 acres of park land, and received an update on the progress of the escrow. The Board rejected a claim presented by Bernard Kamoroff and referred the matter to the District's insurance carrier. The Board also advised the General Manager regarding two personnel matters.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
Director Pohlson asked that the acquisition of a new fire engine be discussed as a part of the General Manager's report.
D. MINUTES OF PREVIOUS MEETINGS
December 9, 2003
Director Skezas moved to approved the minutes of December 9, 2003, as written. The motion was seconded by Director Horrick, and passed unanimously.
E. SPECIAL PRESENTATION
F. PUBLIC HEARING
G. PUBLIC COMMENTS
Bob Terry, of Poppy Lane, reported that the Property Owner's Association had installed a Defibrilator unit in the Community Center.
H. CONSENT CALENDAR
2. REVIEW OF ACCOUNTS PAYABLE REPORT AND AUTHORIZATION TO ISSUE CHECKS
3. RETROACTIVE APPROVAL OF ACCOUNTS PAYABLE REPORT DATED DECEMBER 19, 2003
General Manager Chapman pointed out that sewage treatment expense had increased in January, as the District begins to pick up the increased capital portion.
Director Skezas moved to approve the Accounts Payable report and authorize issuance of checks, and to approve the retroactive Account Payable report from December 19, 2003. The motion was seconded by Director Ziady and passed unanimously.
I. ACTION AGENDA
4. APPOINTMENTS TO THE BROOKTRAILS SPECIFIC PLAN ADVISORY COMMITTEE
Director Ziady commented that she would like to serve on the committee because of her desire to preserve the greenbelt, and to balance the needs between growth and the environment. Director Pohlson also expressed interest in serving on the committee.
Director Skezas moved to appoint those people listed in the staff report to the committee. The motion was seconded by Director Horrick, and passed unanimously.
Director Skezas moved to appoint Director Ziady to the committee and to appoint Director Pohlson as the alternate. The motion was seconded by Director Horrick, and passed unanimously.
5. REPORT ON MEMBERSHIP STATUS OF THE VARIOUS COMMITTEES OF THE BOARD, INCLUDING THE GREEN COMMITTEE, FINANCE COMMITTEE, RECREATION, GREENBELT, CONSERVATION COMMITTEE, AND THE BROOKTRAILS ARCHITECTURAL REVIEW COMMISSION
President Orth reviewed the committee appointments as follows: President Orth on the Willits Bypass Project Development Team and Director Skezas as an alternate, Director Horrick on the One-Town-One-Vision committee, Director Pohlsonon the Recreation, Greenbelt, Conservation Committee and Director Ziady as an alternate, Director Skezas on the Green Committee, Director Skezas and Director Horrick on the Finance Committee and President Orth on the Solid Waste Task Force.
Director Pohlson asked that staff look into the possibility of a Brooktrails Board member as a representative on Mendocino Council of Governments (MCOG.)
6. FURTHER DISCUSSION OF GOLF MAINTENANCE PROPOSAL BY RON RUNBERG
Director Pohlson left the table because of a conflict of interest, as her husband is employed by the District as Assistant Park Superintendent.
General Manager Chapman clarified that the revenues shown in the budget as "Other Income" is from the rental of the cabin next to the fire station. He also pointed out that Mr. Runberg's proposal was to provide maintenance, not to lease the course. District Counsel Neary further clarified that the District would retain the rate setting authority.
Director Ziady voiced concern about the length of a ten-year agreement, and suggested clarification of the District's options regarding the restriction of water during a dry period.
Director Horrick asked for an estimate of the costs that would remain the responsibility of the District. General Manager Chapman explained that the District would still be responsible for the interest and principal payments to the Sewer Fund for the irrigation system, and reviewed the items listed in the proposal letter dated December 22, 2003 from William Van Dennis. Director Skezas voiced concern about the $2,000 ceiling on repairs to improvements or equipment, and about who determines when things are fixed.
President Orth suggested an initial three-year agreement, with option for a longer term renewal, and asked that the proposal be reviewed by the Recreation Committee and Green Committee. He suggested mortgaging the cabin next to the fire station, and using the proceeds, after any necessary repairs and upgrades, to repay the Sewer Fund, utilizing rent income to cover the mortgage payment. Discussion ensued regarding the boundary-line adjustment process which would be required to mortgage the house. President Orth also spoke in favor of developing a well to be used strictly for watering the golf course.
Ron Runberg came to the podium. He stated that the minimum lease term he would want would be four years, equal to the lease agreements on the equipment. He clarified his intention regarding the $2,000 cap on repairs to equipment, and reviewed the items listed in the proposal. He stressed that the success of his proposal did not hinge on the use volunteers, and assured the Board that he would cut back on water usage if conditions warranted it, as he is a resident of the District. Although the proposal stated a two-year period to obtain licenses for pesticides, fertilizers, etc, he anticipated accomplishing the necessary requirements sooner. In response to President Orth, he confirmed that he intended to utilize Assistant Park Superintendent, Doug Pohlson, in the interim, at his expense, and that had spoken to Mr. Pohlson about it.
Bob Turner, resident of Blue Jay Lane, came forward. He provided an historical perspective of the recreational facilities in the District, and encouraged the Board to promote the golf course, define the target market, and attract players. He offered suggestions regarding maintenance and esthetics.
Board members agreed to discuss the proposal further after review by the Recreation and Green Committees. Director Skezas also suggested that a draft agreement be prepared for review. In response to comments from Bob Terry, General Manager Chapman stated that the benefit of the proposal to the District would be that the course would no longer continue to lose money.
President Orth answered Mr. Turner's comments regarding establishment of a recreational assessment district.
7. REVIEW OF PROPOSAL BY THE COUNTY GENERAL SERVICES DEPARTMENT TO REPEAL CHAPTER 14.08 WHICH PERTAINS TO COUNTY PARKS AND RECREATION AREAS
Director Pohlson returned to the table. General Manager Chapman reviewed the letter received from Pete Halstad, Director of General Services for the County of Mendocino regarding his recommendation that references to Brooktrails in Chapter 14.08 be repealed. He voiced concern that the referenced chapter allows peace officers to issue citations for firearm violations, dumping, and operation of vehicles in the greenbelt.
Director Ziady suggested that the response to the County include the fact that the District is not asking them to police the greenbelt, but to respond when needed.
Director Horrick, Director Skezas, Director Pohlson, and President Orth also spoke against Mr. Halstad's proposal.
District Counsel Neary suggested that they be asked to quantify their reasons. He also pointed out that Brooktrails represents a significant proportion of the assessed valuation in the County.
Don Dussault, resident of Daphne Way, and Bob Terry commended the Board for their position on the matter.
Director Skezas made a motion to authorize the General Manager to prepare a letter addressed to Mr. Halsted at the General Services Department based on the Board's comments. The motion was seconded by Director Pohlson and carried unanimously.
8. REVIEW OF LETTER RECEIVED FROM THE STATE OF CALIFORNIA, DEPARTMENT OF FISH AND GAME (DFG) REGARDING THE LATE FALL BYPASS FLOW RELEASES FROM LAKE EMILY DAM INTO WILLITS CREEK
General Manager Chapman explained that the letter from DFG raised concern that there was not sufficient water in Willits Creek in mid-November to allow the salmon to come upstream to spawn.
Richard Estabrook, resident of Primrose Drive, came forward. He commented that according to the District's agreement with DFG, between July and the time that the reservoir first spills after September 1st, the District is required to release 0.5 cubic feet per second (cfs), or the natural flow of Willits Creek, whichever is greater. He pointed out that with the data available from the metering station above Lake Emily, the District should be able to determine the maximum amount that could be released without detrimental effect to the reservoir capacity. He recommended installation of an additional metering device to measure outflow, and offered suggestions as to the type of equipment to use.
President Orth pointed out that the District has always tried to improve conditions for the fish. He asked that Mr. Estabrook and District staff meet with the representatives from DFG, State Water Resources Control Board, and NOAA Fisheries to discuss their concerns. Mr. Estabrook agreed to do so. Director Skezas stated "So moved." The motion was seconded by Director Pohlson and passed unanimously.
9. CONSIDERATION OF A RESOLUTION TRANSMITTING THE FINAL BROOKTRAILS SPECIFIC PLAN FIVE-YEAR REVIEW AMENDMENTS TO THE BOARD OF SUPERVISORS
General Manager Chapman explained that all of the changes proposed by the County had been incorporated into the final documents.
Robert Terry answered Director Skezas' concerns about item A on page 10-37 regarding the paving of driveways with a slope of 0 to 5%. Director Skezas made a motion to adopt Resolution No. 2004-1, a resolution transmitting the first five-year update to Brooktrails Specific Plan to the Board of Supervisors. The motion was seconded by Director Horrick.
Robert Terry questioned the fourth Whereas paragraph regarding review by the Brooktrails Architectural Review Commission, as some changes had been proposed after the commission's review. Director Pohlson suggested deleting the paragraph. Director Skezas amended his motion accordingly. Director Horrick amended his second, and a vote was taken on the motion as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
Resolution No. 2004-1 Adopted.
10. REVIEW OF MEETING SCHEDULE FOR 2003 AND SCHEDULE ANNUAL PLANNING SESSION
After a brief discussion, the Directors agreed to schedule the Annual Planning Session for Saturday, March 13, 2004.
11. CONSIDERATION OF A RESOLUTION AMENDING RESOLUTION NO. 1988-23 TO AMEND SECTION 5.14 (ADMINISTRATIVE EMPLOYEES) OF THE PERSONNEL RULES AND REGULATIONS
General Manager Chapman recommended amending Section 5.14 of the Personnel Rules and Regulations to remove the additional vacation accrual for the Administrative Assistant position, but to leave it in place for the Finance Assistant, and extend it to the present Account Clerk/Secretary.
Director Skezas made a motion to adopt Resolution No. 2004-2, amending Section 5.14 of the Personnel Rules and Regulations. The motion was seconded by Director Horrick, and the vote was taken as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
Resolution No. 2004-2 Adopted.
J. SPECIAL REPORTS - GENERAL MANAGER
General Manager Chapman reported that the quantity tests on the new water well were in progress, and that he hoped to have more information by the first meeting in February.
He also provided an update on the status of the grant for the new fire truck. Director Pohlson recommended not selling the old fire truck, and investigating with the City of Willits the possibility of leasing a bay at the airport. This would provide equipment in the most populated area of the District. Director Skezas asked that it be considered in the budget process.
General Manager Chapman also reported that he had spoken with David Gutierrez, Acting Chief with the Division of Safety of Dams, who informed him that another invoice for $10,000 for dam fees will be mailed in March, due July 1st, to shift the billing cycle from a calendar year to a fiscal year basis. He also reported that the inoperative base radio at the District office will soon be replaced, and that the new Administrative Assistant would be introduced at the next meeting.
K. PUBLIC COMMENTS
Robert Terry came forward to ask that he be considered for the Specific Plan Advisory Committee. The Board members indicated their intention to appoint him.
Bob Turner came forward to inquire about the use of pesticides on the golf course. Director Pohlson answered his concerns.
Director Skezas moved to adjourn and President Orth declared the meeting of January 13, 2004 closed at 9:06 p.m.
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
CHARLES A. ORTH,