The Board of Directors of Brooktrails Township Community Services District met in regular session on July 27, 2004 at 7:00 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 its counsel, received information and gave instructions pertaining to one item of anticipated litigation.
C. ADDITIONS/ADJUSTMENTS TO THE AGENDA
None.
D. MINUTES OF PREVIOUS MEETINGS
1. July 13, 2004 - Director Ziady asked for clarification regarding the procedure for committees handling topics assigned to other committees as spelled out on page 3472, paragraph 2. President Orth clarified that the issue should be first directed to staff, who would be familiar with all committee activities, and who would be able to recommend whether to send the issue straight to the Board or pass it to another committee. He also stated that it was very important that staff be involved in preparation of agendas because it is their job to make sure certain items are considered.
Director Pohlson also asked for confirmation that this was the procedure.
President Orth requested changes to the minutes as follows:
Page 3472, paragraph 3: change the word "to" to "by" so that phrase reads "did submit its recommendations upon specific request by the Board."
Public Comments: 1st paragraph, delete last sentence and replace with, "After a brief discussion, the chair stated the Board and the community would remain divided on these issues and declined to place it for a future action item."
Page 3473, item 7, replace the term "Indian" with "Native American" throughout this item.
Page 3473, item 8, last sentence, add after "President Orth," "noted that the MCOG list was by priority of types of projects that could be approved and," and at the end of the sentence, add "with this in mind."
Returning to the question of the water tank issue, Director Skezas stated that he had understood that the Directors had returned District Architect Axt's recommendations to the committee for them to reconsider their changes to that issue, and that therefore the issue was not entirely resolved. Director Ziady stated the water tank issue was not yet done and the committee has not received the report. It was confirmed that no changes to the minutes were being sought but merely clarification. Director Horrick moved to approve the minutes of July 13, 2004 as amended and Director Pohlson seconded. The motion was carried unanimously.
E. SPECIAL PRESENTATION
2. Insurance Services Office (ISO) Report Prior to the ISO special report, Fire Chief Schoeppner advised that Jon Noyer, also present at the meeting, had been promoted from Captain to Battalion Chief in the fire department. Then Chief Schoeppner presented Mike Torkelson of ISO, who spent the next two hours making a special presentation detailing how the ISO Fire Suppression Rating system worked, and the specific components that were assessed when a community were assigned a ranking on a scale from 1 (best protection) to 10 (no protection), with the rating being used by insurance companies to set fire insurance rates for that area. Mr. Torkelson explained particularly how a fire department's equipment and response time affected the ISO ratings. Chief Schoeppner asked specific questions about equipment testing and its frequency, and the cost of the equipment needed to test such equipment. Additionally, Chief Schoeppner expressed, and another fire chief agreed, that now an insurance company may choose to disregard the ISO rating and rate a risk at 9 based on their own internal standards.
Mr. Torkelson further elaborated on the part of the rating based on personnel and training qualifications. The number of on-duty personnel, he stated, greatly affected the rating. The term "on duty" did not necessarily imply paid personnel, but rather meant an individual actually present at the station on a predetermined schedule ready to provide first response. Other matters including the subject of water holding tanks (and their load/unload rates) were discussed.
Mr. Torkelson spoke to the "5" and "9" ISO ratings. The "5" applies to an area with hydrants within 1000 feet of a subject property and within 5 road miles of a fire station. The "9" applies to properties outside of 1000 feet of a hydrant and within 5 miles of a station. Chief Schoeppner asked how often ISO re-rates a fire district and Mr. Torkelson replied at 10 year intervals. It can be sooner if a district asks for it, although he recommended that a re-rate be requested only when substantial or multiple improvements have been made to the District. He stated there was no charge for this service. Mr. Torkelson concluded his informative slide presentation and was thanked by the Board and from Fire Chief Schoeppner.
A break was taken was 8:45 p.m. The meeting reconvened at 8:50 p.m.
F. PUBLIC HEARING
None.
G. PUBLIC COMMENTS
None.
H. CONSENT CALENDAR
3. 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 Horrick and passed unanimously. General Manager Chapman advised there would be an interim check run August 11.
I. ACTION AGENDA
4. Tree Cutting on Private Lots - President Orth stated this would be taken out of sequence due to Chief Schoeppner's schedule. General Manager Chapman stated that reporter Claudia Reed had presented a question of whether Brooktrails was allowing compliance with CDF fire-safe policy which touched on several aspects of District policy. He reviewed current procedures when a lot owner desires to remove trees. Either the Fire Chief and the District Architect may be involved, depending on the situation. Chief Schoeppner stated that any standing dead vegetation can create a candlewick effect, and his position was to follow the direction of the Board // General Manager when lot owners claimed that they wanted a tree removed. Common sense prevails if the tree is hazardous, diseased, or destructive, and he would sign off and allow its removal. He stated it was not his responsibility to take a hard line when an owner wanted to cut a tree for non-hazard reasons, and that it was the District Architect who should take this responsibility. Chief Schoeppner acknowledged there was a public misperception that they had to remove entire trees to comply with fire safety rules, and he stressed that limbing was many times the appropriate procedure. Chief Schoeppner said he would like to have a list of directives from the Board or the General Manager to give people, because they resist having to pay a fee for the Architect to inspect, and they pressure him to list their trees as a hazard for free.
Claudia Reed commented that the person she interviewed had focused on CDF's recommended spacing of 10 to 30 feet for trees. President Orth stated that mature healthy trees growing in this fashion do not typically constitute a fire hazard. Claudia Reed insisted that the CDF literature says that they do, and re-read the same passage. Ms. Reed asked for clarification of the size limit rule. Chief Schoeppner responded that trees 6" or less at chest height can be removed by the owner; trees 6" or bigger must be reviewed by himself or the District Architect, Bob Axt. Director Ziady affirmed that when you first read the CDF guidelines you may be alarmed at their apparent severity until you read the fine print. President Orth stated that Wallace Stahle had provided him a tape on crown fires which stated that most residences are not burning from tree tops, but rather from embers that contact shingles. He suggested that the fire department could do an annual community forum clarifying fire safety issues. Chief Schoeppner said this had already been done at the Fire Safe Council meetings, and he responded to homeowners' requests for consultation on how to make their property safer.
Chief Schoeppner stated also that he met with the Undersheriff regarding the Brooktrails Township CSD evacuation plan. The Undersheriff advised Chief Schoeppner that he had some officers who had time to work on updating the Brooktrails plan. The Undersheriff requested that people disregard the current plan as it is too inaccurate to use. The time frame for the updated plan was within 60 days.
Citizen Wallace Stahle commented that he felt while some people were focusing on the idea of "cut the trees, reduce the fuel," he felt the better focus was how the fuel interfaced with homes, and he asked the Board to resist those who wish to cut as much as possible.
President Orth asked Chief Schoeppner if there were differences in fires now since that the lot abatement program has been effectuated. Chief Schoeppner responded that he has been in the department since 1997 and that Fire Chief Thomen put together a prevention program that probably has saved several homes. He further concluded that the lack of ladder fuels has helped in the prevention of fires. President Orth also stated that with these abatements, fire departments are putting out about 97% of fires without a crowning incident.
President Orth stated in summary he felt there would be more occasions to interpret the CDF policies.
5. Request by Bob Terry to exchange easement property for greenbelt -- General Manager Chapman reviewed Bob Terry's request to exchange that portion of his property containing a District utilities and fire easement for an equivalent-sized portion of greenbelt located at the back of his lot. He stated that the policy for any such exchanges had been that a benefit to the District must exist to justify the exchange, but that he could not find enough such benefit to warrant the exchange for the District in this instance. He stated that there was not a like-for-like exchange being proposed as the requested greenbelt land was level and usable, as opposed to the easement land at a 45 degree slope. He had reservations that such an exchange might set a precedent for other lot owners to make the same request. Counsel Neary commented that a public agency could not acquire property by a prescriptive easement as that becomes "a taking."
Robert Terry took the podium and stated his case that the easement was a public thoroughfare and that it was unusable to him, and he felt it should belong to the District outright. President Orth stated that the easement contained garbage and recycling bins. Director Pohlson added that this easement was now an active recreational use, and that this was a taking of land for recreational use, and that the District had encouraged more use of the existing easement road by placing trash receptacles and a toilet nearby, and that she felt Mr. Terry's request was reasonable. She further stated that she would be in favor of any other similar request. Director Ziady stated that because it was Mr. Terry's home she felt it reasonable to have a boundary line exchange, especially since Mr. Terry was willing to pay part of the expense. Director Horrick agreed with Directors Pohlson and Ziady. Director Skezas removed himself from the discussion (conflict of interest) because he was Mr. Terry's next-door neighbor. President Orth commented that the easement was a gated fire trail which was needed for the fire trail system, and he further believed it was also a key property should the lake be dredged and/or raised in the future. He stated that in these respects it was different from other lots where such requests might be made, and was thus a unique request. He stated, for example, that this easement might be used for haulage of spoils. President Orth asked Counsel Neary his response and Counsel Neary stated he felt it did not set a precedent, and that President Orth could state his points regarding benefits as the reason for the vote.
President Orth reiterated that the easement was a gated, improved fire access road being utilized as a public facility, with trash receptacles. He stated that upcoming projects may have associated impacts affecting or requiring use of this easement. He asked for a motion approving Mr. Terry's request, but then stated the motion needed to be clarified with regard to costs and other factors. General Manager Chapman then stated the cost for counsel's time would be under $200.00. Director Pohlson made a motion and Director Ziady seconded, but President Orth then asked Counsel Neary if findings of public benefit should be stated within the motion. Counsel Neary stated they should, and they should be stated in the minutes as well. President Orth stated the public benefits were that it was a public trail, a fire road, and had future potential project impacts on Lake Emily (dredging program and raising Lake Emily). Counsel Neary also stated there appeared to be sufficient evidence to support those findings. The motion was clarified as a motion to approve Mr. Terry's requested as presented in his letter, providing the requested land exchange and the District fees and costs (other than surveying fees).
Roll-call vote was taken on the motion as follows:
AYES: Directors: Ziady, Horrick, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: Skezas (recused)
Director Skezas returned to the table. [A resolution approving this matter will be introduced and adopted at the next meeting.]
6. Correction of "Membership" provisions organizing Specific Plan Advisory Committee. General Manager Chapman stated the organizing resolution for this committee had specified up to seven resident members, and it needed to be amended because there actually are now 10 resident and non-resident owners as members. President Orth pointed out that since only one Board delegate could vote, this would not present a tie vote problem. General Manager Chapman pointed out that in previous voting situations two Board delegates voted. Director Ziady stated that situation had been corrected. President Orth indicated he believed that under Roberts Rules of Order a tie vote was a losing vote, in any case.
Director Pohlson handed out copies of Resolution 2003-30 and proposed changing the membership to "up to 11" because she stated the Specific Plan Committee had recommended a 9 or 11 member Specific Plan Advisory Committee in 1994. She also proposed that in Exhibit A the "expected product" should be "to develop recommendations as the Board's goals and objectives on a yearly basis" in order to eliminate all eleven items specified as duties for the committee. President Orth stated that there was a five-year updating process and the Board wants to make sure that the committee was focused on those eleven specified issues and any other issues that the Board desired to assign. Director Pohlson reiterated again that the issues and areas did not need to be specific; President Orth countered and stated that the specific issues listed were elements of the Specific Plan, and that he would only add another line item called "as the Board directs." Director Pohlson also disagreed with the idea of term limits on the committee. Director Skezas stated this issue had already been settled.
President Orth asked for comments from the directors. Director Ziady wanted input from the board and members; she further felt that to link the duties to the Board's annual goals and objectives would be to limit what issues could be brought up. Director Skezas asked whether total number of members would affect the quorum of the committee.
President Orth stated that he wished to give guidance to the committees on agenda preparation. He stated that the agenda format for committees includes a provision for "Additions to the Agenda" but that it was easy but inappropriate under the Brown Act for a committee to be diverted from its agenda. He stated that an emergency item could be added to an agenda, but that should be very rare. He stated that having a "Future Agenda Items" section on committee agendas would take care of someone coming in to the meeting with a new or non-agenda item for discussion. He stated that committee business needed to be conducted in a focused manner. Director Pohlson stated that on the Recreation Committee they formerly used only broad generic agenda categories and she would like to do this again on the Specific Plan Committee. President Orth stated he feared the committee wasn't following its own agenda, and that the matter should be referred back to staff for agenda formation. He stated that in the past a committee chair would meet with the general manager to delineate the committee agenda.
In the end, Director Horrick commented that he felt the total number limit on membership could simply be removed. Director Skezas concurred.
J. ADDITIONS TO FUTURE AGENDAS
President Orth wanted a discussion about potential recreational improvement projects with a timeline, and he requested that the Recreation Greenbelt Committee make its recommendations through the MCOG grant process. This would be done by inserting Brooktrails projects into the County's requests for funds. Director Pohlson asked if that would be desired for the September meeting and President Orth said it would. Discussion followed about what agencies should be invited to attend (specifically the Department of Transportation personnel). Director Pohlson suggested inviting MCOG staff and President Orth agreed. Director Ziady stated that the community forum would take place Saturday, September 25th, and General Manager Chapman said it would be from 2:00 to 4:00 p.m. at the Fire House, as there was another function at the Community Center.
K. SPECIAL REPORTS
General Manager Chapman commented that he had received a memo from John Osborne of Environmental Health regarding mitigations for the drilling of Well #2 in the wells project. He stated that clearance would also be required from Bruce Burton of Department of Health Services, and an encroachment permit obtained from the County Department of Transportation, and that he anticipated no problem with either of these agencies. He advised that District staff were in the process of obtaining smoke-testing certification to begin a process of smoke testing sewer lines in the District.
L. PUBLIC COMMENTS
Robert Terry of Poppy Lane asked what the sequence of activities was going to be regarding the fire tax election. General Manager Chapman stated that the Board was purposely keeping a lower profile strategy this time, as opposed to aggressively knocking on doors and going for publicity. This was done at the last election and the strategy failed. However, he further elaborated that the Fire Department would gladly answer questions at the annual Airport Day on August 8th. Director Pohlson said that ballots would be mailed out August 5th. She said the Board should expect people to attend its August 24th meeting with questions about the measure. President Orth asked Counsel Neary what actions were appropriate for the Board in the situation. Counsel Neary said it was appropriate to answer the public's questions, but inappropriate to spend District time and resources to campaign on a political question. He stated that a line item on the agenda for the public to ask questions would be appropriate. Director Pohlson stated she made a presentation to the Fire Auxiliary and that they will be prepared with information if people ask for it.
M. ADJOURNMENT
Director Skezas moved to adjourn and President Orth declared the meeting of July 27, 2004 closed at 10:14 p.m.
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
CHARLES A. ORTH,
President
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