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MINUTES
BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
BROOKTRAILS COMMUNITY CENTER
24850 Birch Street, Willits, CA 95490
June 22, 2004 |
The Board of Directors of Brooktrails Township Community Services District met in regular session on June 22, 2004 at 6:59 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 Counsel concerning one anticipated item of litigation and authorized a task force consisting of General Manager Chapman, Counsel Neary, Richard Estabrook and water attorney Jan Goldsmith to meet with Department of Fish & Game attorneys regarding District water rights. The Board also conferred with its labor negotiator Mike Chapman.
C. ADDITIONS/ADJUSTMENTS TO THE AGENDA
None. President Orth stated he would like a place on the agenda, as has been the case in previous years, for presentation of items to be placed on future agendas. He specified the inclusion of a discussion regarding MCOG funds as soon as possible.
D. MINUTES OF PREVIOUS MEETINGS
1. June 8, 2004 - Director Skezas moved to approve the minutes of May 25, 2004 and Director Horrick seconded.
The motion was carried unanimously with Director Ziady abstaining.
E. SPECIAL PRESENTATION
None.
F. PUBLIC HEARING
2. Public Hearing on Water Availability Charges FY 2004-2005 - President Orth explained that the hearing addressed the application of water availability charges to any individual parcels. Public hearing was opened at 7:06 p.m. No public comment was made, and General Manager Chapman confirmed that no written protests had been received. The public hearing was closed at 7:07 p.m.
Director Pohlson asked for clarification of the approval process as contained in the action agenda. She stated she wished to vote against the charges but to approve the sending of the report.
3. Public Hearing on Sewer Standby Charges FY 2004-2005 - President Orth clarified that the hearing addressed the application of sewer standby charges to any individual parcels. Public hearing was opened at 7:10 p.m. No public comment was made, and General Manager Chapman confirmed that no written protests had been received. The public hearing was closed at 7:11 p.m.
G. PUBLIC COMMENTS
Citizen Bob Terry, Chair of the BPOA Bicycle Committee, commended District staff for the use of storage space at the Redwood Grove for the BPOA bicycles and assistance in transferring them to the new site.
Citizen Jim West took the podium to reiterate his protest from the June 8, 2004 and prior meetings regarding not being allowed by District regulations to cut trees on his property as he wished. He stated that he wished to be on the record. He then spoke about the need for fire management on all private property within the Fire District area. Director Pohlson invited Mr. West to attend the Recreation/Greenbelt Committee meetings. Director Ziady pointed out that Mr. West's concerns are already being addressed by the Recreation/Greenbelt Committee and the local Fire Safe Council.
H. CONSENT CALENDAR
4. Review of Accounts Payable Report and authorization to issue checks. General Manager Chapman explained that Hawkeye Aerial is paid for aerial surveillance of Brooktrails for fire detection purposes. President Orth explained that this helps to replace the loss of fire lookout towers in recent years. Director Skezas moved to approve the report and authorize issuance of checks and to approve retroactively the fire truck payment. The motion was seconded by Director Horrick and passed unanimously.
5. Appointment of Wallace Stahle to Recreation/Greenbelt Committee. Director Skezas moved to appoint Wallace Stahle to the Recreation, Greenbelt & Conservation Committee. Director Ziady seconded and the motion passed unanimously.
I. ACTION AGENDA
6. Approval of report to Mendocino County Tax Assessor on water availability charges and sewer standby charges - Director Skezas moved to approve the report on water availability and sewer standby charges and send it to the Assessor's office by August 10, 2004.
The motion was seconded by Director Horrick. Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
Director Pohlson then stated that she felt that the language in the sewer standby resolution, section 2, and, in comparison to section 2 of the ordinance, the language was contradictory. She stated that the language was different from what the Board had approved. Counsel Neary advised that the resolution language of section 2 was required language for an ordinance "adopting" such charges, and that it did not appear in the water availability language because that was a different statutory authorization. Director Pohlson asked who decided what language was to be in section 2 of the resolution. Director Skezas as a point of order stated that this matter was not on the agenda. Director Pohlson then stated that the language was changed last year and it did not come over to this year. She stated she brought this up at the April 27th meeting and that the Board agreed that the District's resolution is restricting use of the water/sewer availability money, and that the law says this does not have to be restricted. Counsel Neary asked if she was referring to Resolution 2004-8 and Director Pohlson quoted Section 2 of that resolution:
Revenues derived under this Resolution shall be . . . used exclusively for the purpose of financing capital costs for the District's sewer system and its obligation with respect to the Willits Wastewater Treatment Plant or maintenance and operation expenses for the District's sewer system.
She then quoted from Section 2 of Ordinance No. 125:
[Revenues . . .] shall be used only for acquisition, construction, reconstruction, maintenance and operation of water systems [sewer systems and the sewer facilities]. . . .
and stated that this unnecessarily restricted the District's use of the funds. Counsel Neary said that this section of the ordinance was all-exclusive except for the exception set forth in its last clause, so that the revenue could be used for anything except the acquisition or construction of new sewers or laterals, and that this was not inconsistent with the resolution. President Orth asked for a vote on the motion to approve and submit the report again.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas , Orth
NOES: Directors: Pohlson
ABSENT: Directors: None
Director Skezas clarified that one motion had been made to cover both water and sewer. President Orth stated he had asked for two separate motions. Director Pohlson moved to accept the sewer standby report and forward it to the assessor, and Director Ziady seconded.
A re-vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
Director Ziady questioned whether the water issue had been voted on. Director Skezas re-moved that the water availability aspect of the report be approved and forwarded to the Assessor. Director Horrick seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas , Orth
NOES: Directors: Pohlson
ABSENT: Directors: None
7. Approval of Three-Year Agreement with Employees effective July 1, 2004 - Director Pohlson left the table for the duration of the personnel matters. General Manager Chapman summarized that an agreement had been negotiated with District employees for a three-year contract with COLA. Director Horrick moved to adopt Resolution 2004-12 approving this agreement and Director Skezas seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Orth
NOES: Directors: None
ABSENT: Directors: None
8. Approval of Resolution Establishing Salary, Wage, Fringe Benefit Plan and Fee Schedule for employees/officers effective July 1, 2004 - General Manager Chapman asked the Board for approval of a resolution establishing these matters effective July 1, 2004. Director Skezas moved to approve Resolution 2004-13 and Director Horrick seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Orth
NOES: Directors: None
ABSENT: Directors: None
Director Pohlson returned to the table.
9. Approval of Fund Transfers, FY 2003-04 - General Manager Chapman reiterated the points contained in his memorandum and explained that this resolution was necessary to clarify the District's intent for auditing purposes. The memo contained a $79,000.00 General Fund transfer to the Fire Fund; a $16,000.00 transfer from the General Fund to the Recreation Department. Director Skezas moved to approve Resolution 2004-14 and Director Horrick seconded. Director Pohlson asked why Recreation showed no income when the Chipp's House rental has been transferred to Recreation. General Manager Chapman clarified that the rental transfer pertained to the FY 2004-2005 budget, while the transfer matters at hand pertained to the FY 2003-2004 budget.
Citizen Bob Turner asked about the $79,000.00 fire department transfer and General Manager Chapman stated that in that transfer it also a "jaws of life" purchase of approximately $20,000.00.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
10. Adoption of FY 2004-2005 Budget by Resolution Setting Appropriations Budget - General Manager Chapman briefed the assembly on the course of the budget proceedings through this point of final approval. He advised the total proposed budget, including depreciation, was $2,960,852. Director Pohlson moved to approve Resolution 2004-15 adopting this budget. Director Skezas seconded. President Orth commented on recent additions to the budget, including a rubber dam at $300,000.00 for Lake Emily and provision for an in stream flow project, now at $45,000.00. General Manager Chapman pointed out a third item, the clearwell construction project, now specified at $336,000.00.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
Citizen Bob Turner questioned the figure for the golf course. He discovered that the figures in the draft resolution were not updated from the previous year's figures (although they were correct in the memorandum). General Manager Chapman expressed appreciation for Mr. Turner's help in avoiding an error. Brief discussion ensued to clarify that the Resolution had been approved and the item would be corrected.
11. Approval of remediation contract for Quarry Site (Buckeye Sidecast Area) - General Manager Chapman briefed the Board on the status of this remediation project and the bid process. He requested that the Board authorize entering into a contract for this remediation with Bouthillier Construction in the amount of $17,551.00. Director Skezas moved to authorize this and Director Horrick seconded. Wallace Stahle took the podium and asked if the District could encourage staff to attend Department of Fish & Game workshops as suggested. The comment was duly noted and the motion was carried unanimously.
12. Clearwell/Backwash Ponds Project Mitigated Negative Declaration Finalization and Approval of Notice of Determination and Approval of Project - General Manager Chapman reviewed the points of his memorandum and the process to date. He stated that he had two minor corrections to make to the CEQA document prepared by Oscar Larson & Associates, the first being that the correct capacity for the tank being moved was 35,000 gallons, and the second being that the second sentence on page 17(c) should be struck in its entirety. President Orth added that he wanted to have the water well at the plant well site included in the map, and to be assured that the drainage system would not touch the well. In response to an audience question, the nature of the CEQA document was clarified as not being an environmental impact report. Claudia Reed of the Willits News asked whether other government agencies would sign off on the negative declaration. Counsel Neary clarified that the notice and the opportunity to comment was provided to agencies, and that this is a negative declaration which determined that an environmental impact report was not necessary. Motion was made by Director Pohlson to approve Resolution 2004-16 and to make those three changes to the negative declaration for the clearwell project. Director Ziady seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
13. Approval of contract with bond counsel for Clearwell/Backwash Ponds Project - General Manager Chapman reviewed the funding mechanism being pursued through USDA Rural Development and the requirement to hire a bond counsel. He requested that the Board approve by resolution the bid submitted by Jones Hall in the amount of $15,000.00. Director Skezas made this motion 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 then asked the Board to approve by motion the payment of $1,500.00 to secure a third-party participant for the Certificate of Participation related to the USDA funding mechanism. Director Pohlson made this motion and Director Ziady seconded; the motion was carried unanimously.
14. Review and Discussion of Wells Project and its Negative Declaration - General Manager Chapman stated that under Ruth Goodfield's advice, the District had prepared a negative declaration document for all 16 proposed well sites, as opposed to addressing each well separately. He advised that John Osborn of the County Environmental Health Department, stated that the District could not drill wells within 50' of a sewer line or lateral. He stated it may or may not be possible to mitigate the six wells of the 16 potential sites that would be affected by this restriction. General Manager Chapman stated that Bruce Burton of DHS, the agency governing the present moratorium, has advised the District that they feel the use of deeper seals on each well should provide sufficient mitigation. Director Pohlson stated she believed the well drilling would be possible. Counsel Neary clarified that the function of the environmental document process was in fact to bring out such comments prior to a project's being committed to. General Manager Chapman stated that the July 21 drilling date would probably have to be pushed back somewhat due to the mitigation of this issue. No motion was required.
15. Review of District Architect recommendations and specifications for water tanks - General Manager Chapman advised that gray water would probably not be a likely source for filling such storage tanks simply because of the small size of most Brooktrails lots; most lots do not allow enough room for the required leach fields and replacement fields. Director Pohlson stated that if water availability decreased, citizens will fill their tanks with District water regardless of whether they are permitted to, or not. President Orth displayed a book on rainwater collection techniques for water storage to be reviewed by staff. He believed a 5,000-gallon size was reasonable as it eased the District's burden to produce treated water for irrigation purposes. Director Pohlson stated she would like the tanks to be a source for fire suppression. Citizen Wallace Stahle took the podium and stated it was easy to place backflow devices on tanks. President Orth stated the Board will first develop a list of requirements and inspections to ensure there would be no cross-connections. Mr. Stahle stated it would not necessarily be a bad idea for residents to use District water to fill the tank. Director Skezas moved to send the matter back to Specific Plan Committee. Director Ziady mentioned that she felt the Specific Plan Committee should consider banning future lawns in Brooktrails. President Orth mentioned that the size of a lawn could be restricted based on the overall lot size. He suggested that prohibiting new lawns being installed could be part of a water moratorium ordinance. General Manager Chapman mentioned that Cloverdale's ordinance restricts lawns to 10% of overall lot size. President Orth suggested that drought-resistant grasses should be required. Citizen Jim West took the podium and stated that he did not believe the architect or a committee should be allowed to dictate water tank size, or any other factor as long as the tank was not visible to the public. Director Pohlson asked him to consider what would happen if a seam broke on the tank. Mr. West stated that even with several 5,000-gallon tanks, there would be no hazard as long as no one was downhill from them. He stated that the Board wanted to view everything from the worst-case scenario. Director Pohlson and President Orth responded that indeed that was the Board's purpose. Citizen Bob Turner took the podium and advised that in Marin County, the County paid people to get rid of their lawns and thousands did so overnight. He believed that if residents were to conserve 10%, the golf course should also conserve. President Orth reminded him that a severe cutback for the Golf Course's water usage had already been imposed. Director Skezas urged that any future policy should be kept simple. Director Pohlson stated that drought-resistant plants have been planted in front of the fire house, along with a chart identifying them.
J. SPECIAL REPORTS
General Manager Chapman briefed the Board as to the points contained in his memo. He advised them that Mendocino County Board of Supervisors approved the five year Brooktrails Specific Plan update. The County advised that the next update will be due five years from June 22, 2004. On the topic of mosquito fish, President Orth supported the idea of stocking Beeler Pond with these fish as a preventative measure for West Nile virus.
K. PUBLIC COMMENTS
Jim West took the podium and asked whether the Specific Plan Update's requirement for paving on all grades had been approved and Mr. Chapman advised him it was effective June 22, 2004. President Orth clarified that previously-approved unpaved grades were grand fathered into the plan.
A Dr. Sawatsky took the podium to protest being assessed a water availability charge when water was not available. Dr. Sawatsky asked if it would not be more appropriate to call it something other than a water "availability" charge. Counsel Neary responded that indeed it could be termed an availability or a standby charge. General Manager Chapman commented that there was also an issue of fire suppression, with two-third of the District's water being reserved for that purpose. Dr. Sawatsky asked how soon water would be available. President Orth advised him of a community forum scheduled this September, at which a water was the major topic. General Manager Chapman advised him that the moratorium went into effect in February 2003 and that the exemptions that were granted were for those who were actively pursuing development at the time the moratorium was imposed, and he clarified that it was the state who issued exemptions and not the District.
News reporter Claudia Reed asked if the expected date would be 2006 for the dredging operation. General Manager Chapman stated that the date had been postulated at 2007. Director Ziady pointed out that the District has experienced reduced income from lack of connection fees. She also cited that the state government is now pulling income from local communities and also raising fees. She stated that the District is moving as fast as it can, but must also maintain financial stability. Ms. Reed asked whether a group of residents could decide to fund their own water supply system, if the District could not supply them. President Orth said that question should be saved for the September forum. Director Pohlson said that if the District is unable to find water, there is no water to find. An audience member asked if water was being taken from Well #1. General Manager Chapman said the District expected to do so as soon as the water receded from the Lake Emily spillway.
Citizen Wallace Stahle addressed the Board and asked if the Board could estimate when water would be available. General Manager Chapman stated there was no way to make this prediction with as many variables as the District was confronting. He stated that any number of government agencies, and public citizens could place barriers to the District's progress. Mr. Stahle asked how a government could allow 6,000 lots in this environment, without water, to continue with water availability charges. Related to this subject matter and other water topics, General Manager Chapman responded that he would place before the Board of Directors in September a public forum regarding the issue of a third dam, and the realistic problems that would have to be surmounted to build one, versus a more realistic option such as raising Lake Emily itself. Mr. Stahle asked if a 6,000-lot buildout was possible. Director Pohlson responded that the Specific Plan stated the optimum number of SFRs in the District should be 3,000 to 4,000. She commented that without the buildout, the more the residents have to pay to live here.
L. ADJOURNMENT
Director Skezas moved to adjourn and President Orth declared the meeting of June 22, 2004 closed at 8:34 p.m.
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
CHARLES A. ORTH,
President
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