The Board of Directors of Brooktrails Township Community Services District met in regular session on March 9, 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 SESSION
The Board met with Counsel concerning one potential item of litigation and met with its negotiator for employee contract negotiations.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
None.
D. MINUTES OF PREVIOUS MEETINGS
1. Director Horrick requested the following amendment to the minutes of February 24, 2004, as follows:
Page 3430, Item 5, last sentence should read, "It was moved to appoint Bill Jack, Chuck Harden and Chris Brown to the Finance Committee for terms ending 7/1/05." Director Horrick moved to accept the minutes of February 24, 2004 as so amended. Director Pohlson seconded and the motion was carried unanimously.
E. SPECIAL PRESENTATION
None
F. PUBLIC HEARING
None
G. PUBLIC COMMENTS
None
H. CONSENT CALENDAR
2. REVIEW OF ACCOUNTS PAYABLE REPORT AND AUTHORIZATION TO ISSUE CHECKS
Director Horrick moved to approve the report and authorize issuance of checks. The motion was seconded by Director Skezas and passed unanimously.
I. ACTION AGENDA
3. RECEIPT OF FIRE DEPARTMENT ANNUAL REPORT FOR 2003.
Fire Chief Daryl Schoeppner presented and discussed the statistical report of fire department activity for 2003 and answered questions from directors.
Director Pohlson mentioned the subject of correcting certain defects noted by the District's ISO rating report a year and a half ago. She offered suggestions as to telephone listings, maintenance schedules, and personnel.
A brief discussion ensued regarding ISO ratings and their effect on homeowners insurance in Brooktrails. President Orth stated the District is rated every 5 years and is improving. Director Ziady suggested that the ISO discussion should be a separate agenda item.
A brief discussion followed on the backup fire truck question, grants for ambulance service, and mutual aid.
Director Skezas moved to accept the report. The motion was seconded by Director Ziady, and carried unanimously.
4. CONSIDERATION OF POTENTIAL FIRE TRUCK PURCHASE.
General Manager Chapman reviewed the proposed fire truck and "jaws of life" purchase.
Director Pohlson made the motion to purchase the fire truck, and Director Skezas seconded. President Orth clarified that the "jaws of life" purchase should be part of the same motion and that the motion was to authorize the General Manager to purchase the Ferrara fire truck for approximately $282,505.08 and the "Jaws of Life" from L.N. Curtis & Sons for approximately $19,305.00. President Orth opened the floor to brief discussion of the purchases and then called for a vote. The motion was carried unanimously.
5. BROOKTRAILS/SYLVANDALE/SPRING CREEK FIRE SAFE COUNCIL.
General Manager Chapman introduced Bob Whitney, who then briefed the Board on the Fire Safe Council movement and the formation of the local council. He stated that while there will be wildfires, we can certainly learn to tame them (risk reduction) by supporting CDF in its activities, fuel abatement, control burns, fuel breaks, etc. He then stated that a community fire plan is needed to set vegetation management goals, periodically assess the fuel abatement and fuel regrowth issue, and work out a system where all parties involved can reach the stated goals.
Mr. Whitney clarified with regard to the proposed resolution that it requests summer fire access / egress only. He stated that he had tried to communicate with the County Department of Transportation on this matter but had not yet received a response. He stated that a Fire Safe Council "concept paper" had been submitted for grants totaling $195,000. He stated that if they do receive any part of the grant funds they will come to the District to jointly develop a program for spending it.
Julie Rogers, co-founder and Interim Coordinator for the Mendocino County Fire Safe Council, took the podium. She advised that the County Fire Safe Council is in process of becoming a non-profit California corporation. President Orth asked if the County Council would then be able to function as an umbrella organization for the local councils. Ms. Rogers stated they do anticipate filling that role.
Sue Crawford of the Brooktrails/Spring Creek/Sylvandale Fire Safe Council discussed the need for emergency fire access regarding the Sherwood-Fort Bragg Road. She requested that Brooktrails Township approve the proposed resolution requesting the County of Mendocino to open Sherwood-Fort Bragg Road for emergency fire access. Director Skezas questioned whether the road was indeed closed during the summer. Ms. Crawford stated she believed it was gated at both ends year-round at present. Mr. Whitney returned to the podium and stated the Council did not know the official status of the road and wishes it to be officially designated as a fire season egress route. Claudia Reed of The Willits News stated that it would require a substantial investment to make the road safe and that she has been informed by the County that it does not have funds for that type of road use at this time.
Director Skezas moved to adopt Resolution No. 2004-5, requesting that the Mendocino County Department of Transportation open and maintain the "Sherwood-Fort Bragg Road" for emergency evacuation during the fire season. The motion was seconded by President Orth.
Brief discussion ensued and the topic moved to the Council's request to include brochures in the District's spring newsletter. President Orth stated he felt the District had already educated its 6,000 property owners, but he felt it would be good for the Council to send these brochures to residents of 1st, 2nd and 3rd Gates, and to others living within the District's sphere of influence, but not within the fire district's boundary. President Orth then stated the District would use its own resources within its own area and appreciated the Fire Safe Council's educating the outside area. Director Ziady stated she felt people needed a reminder about abatement and that the District could do more education itself. Chief Schoeppner stated that through grant monies already obtained by the District has already mailed out similar materials to its mailing list and has about 4,000 copies of those available for District use over the next three years. His concern was duplication.
At this point President Orth called for a roll call vote on adoption of the resolution and the vote was taken as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
Resolution No. 2004-5 Adopted.
Richard Jergenson of the Fire Safe Council said his group would be available to help with the mailing. General Manager Chapman commented that the Board should be aware of the April 30th deadline for the newsletter mailing, which also involves the Water Availability notice. He agreed with President Orth that the residents of the sphere of influence should be identified for a mailing as proposed, but that the current District database does not include that information regarding 1st, 2nd and 3rd Gates. He also clarified that at least one and one-half pages of the four-page mailing would be dedicated for the fire department's use. Director Pohlson stressed that that portion should inform non-resident lot owners that the abatement program is required and a deadline involved. President Orth clarified that discussion of this point belonged with the upcoming agenda item pertaining to the newsletter. Mr. Jergenson informed that the Fire Safe Council's next safety awareness meeting would be held at the District Firehouse, Wednesday, May 5, 2004, from 7:00 - 9:00 p.m.
6. RECEIVE AND ACCEPT WATER QUANTITY AND WATER QUALITY TEST REPORT ON WELL #1.
General Manager Chapman reviewed the drilling and test types/ results to date for Well #1. Mr. Chapman warned the public that these preliminary tests are just that, preliminary, because the official tests have to be conducted in either August, September, or October as required by State DHS. As for quantity, he stated, the tests to date indicate quantity sufficient for 32 households as calculated by preliminary State standards. Water quality tests revealed detectable levels of iron, aluminum and sulfate, so the water will have to be treated at the water plant. He advised that bids for Well #2 on Lupine Drive will be solicited for the proposed May 2004 drilling, and this well will be a much more complex drilling situation. The current District strategy for drilling test wells are: (1) the lower third of the District (Well #1); (2) middle third (Well #2), and later the upper third (Bear Road) at the highest elevation. RCAC (financing entity) has proposed establishing a $250,000 line-of-credit for the District with a quarterly payment plan. Mr. Chapman stated that it does appear (Well #1) that there is an underground reservoir of approximately 400,000 to 500,000 gallons, and that this aquifer appears to be refilling itself. This can only be officially verified during the dry season.
President Orth solicited comments from the audience. Richard Estabrook took the podium. He stated that per the graph, the water level in feet never remains constant but is sinking. He also pointed out that GPM data for the final graph entry for 2/13/04 was missing, and Mr. Chapman stated that he would try to find those figures. Mr. Estabrook suggested that while the vast water reservoir envisioned may exist, fractures and/or poor permeability may interfere with accessing it. He suggested that a recovery rate assay test would be a more accurate indicator of quantity and aquifer size, would cost the District very little and could be conducted at any time of year, provided the well sits undisturbed for a month before it is begun. He also commented that when you have to treat well water, pipe will need to be provided to take it to the plant.
President Orth called for a vote. It was moved to accept the report and the motion was carried unanimously.
7. DECLARE LOT ON POPPY DRIVE AS SURPLUS PROPERTY, DECLARE NOTICE OF INTENTION TO SELL AND SET CONDITIONS OF SALE.
General Manager Chapman briefly reviewed the surplus lot program and the history of the previous 2003 request by Clint and Sierra Nation to buy the lot at Mallard Street and Poppy Drive (which adjoins their present lot) for the purpose of creating a more level driveway. Then he briefly reviewed the revival of this issue, which has also been reviewed by the Recreation & Greenbelt Committee. He discussed the possible future fencing of the south boundary of the merged lots as they front onto a cliff and it would be a liability concern for the Nations. For this reason Mr. Chapman recommended striking item 7a of the requirements of sale listed in the draft Resolution, which had been a reservation to the District of an easement across the property. Director Skezas moved to adopt the resolution with the striking of item 7a and renumbering of items 7b and 7c as 7a and 7b respectively. The motion was seconded by Director Horrick. An audience member stated that he lived on the street in question, had walked by the property several times, and stated that it was so steep as to be impassible. Roll call vote was taken as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
Resolution 2004-6 Adopted.
J. SPECIAL REPORTS - GENERAL MANAGER
General Manager Chapman advised of the arrival of the Lake Emily Dredging Project report from Oscar Larson & Associates and stated it was being handed out at this meeting for Directors to review prior to its appearing on the next meeting's agenda. He updated the Board on the closing of escrow for the Redwood Grove property. He advised of the award of a CFIP grant, which will potentially be part of the fee to Roger Sternberg for work on a greenbelt management plan beginning as early as May 2004. This item will be back before the Board after another review by the Recreation/Greenbelt Committee.
Mr. Chapman advised of Greg Aanstad's visit and inspection and that it appears financing will be available through USDA Rural Development pending resolution of Mr. Aanstad's standby charge question.
Safety Committee minutes for June 3 and September 8, 2003 were presented. Directors Orth and Pohlson discussed the jeep's continued functioning for the District.
K. PUBLIC COMMENTS
Bob Whitney took the podium and presented another handout from the March 5, 2004 Willits News for two vacant Brooktrails lots for $125,000 each, both presented as having water meters. He stated that this indicates possible speculation in hardship exemptions. Director Skezas questioned whether hardship exemptions were transferable. Attorney Neary asked whether time limits have been given for use of the hardship exemptions. Mr. Chapman clarified that water connections are APN site-specific and have a deadline of May 23, 2004, although some have not been cleared by the District Architect or County yet. They will have one year to build from the time they come in with their permit. The only exceptions are two with deadlines of August or September 2004.
Robert Terry of Poppy Lane took the podium and asked whether a Porta-Pottie would be installed at the dam this year. Mr. Chapman stated they would be. Mr. Terry then questioned how the 37 hardship exemptions had grown to 52. Mr. Chapman stated that a total of 59 have been granted since the moratorium was imposed, and only to those who could prove that they had actively pursued development at of the moratorium date (February 28, 2003). He believed that 7 had been denied, and the State does the approval, not the District. Director Ziady asked what the District would do if someone bought a lot with a hardship exemption and asked for an extension of time to build. Attorney Neary stated it would be a policy decision on a case-by-case basis.
L. ADJOURNMENT
Director Skezas moved to adjourn and President Orth declared the meeting of March 9, 2004 closed at 9:00 p.m.
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
CHARLES A. ORTH,
President
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