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MINUTES


BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT

BOARD OF DIRECTORS

BROOKTRAILS COMMUNITY CENTER

24850 Birch Street, Willits, CA 95490

March 23, 2004

The Board of Directors of Brooktrails Township Community Services District met in regular session on March 23, 2004 at 7:02 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 and instructed Counsel concerning one existing item of litigation, Johnson v. Brooktrails Township CSD, Mendocino County Superior Court No. SCUK-CVG-03-91251. The Board also met with Counsel regarding one item of potential litigation and a motion was passed instructing staff to send letters to the City of Willits and two auditing firms representing the City of Willits.

President Orth announced that the District has closed escrow on the acquisition of the Redwood Grove property.

C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA

None.

D. MINUTES OF PREVIOUS MEETINGS

1. It was moved to approve the minutes of March 9, 2004 without amendment and the motion was carried unanimously.

Director Pohlson requested that the minutes of March 13, 2004 be amended as follows:

Page 3437, first paragraph, last sentence, the date of 1976 should be changed to 1996. Director Horrick moved to accept the minutes as so amended; Director Skezas seconded and the motion was carried unanimously.

E. SPECIAL PRESENTATION

General Manager Chapman introduced Marty McClelland of Oscar Larson & Associates, who appeared to provide an update on their preparation of a project description for the Lake Emily dredging project.

Mr. McClelland referred the Board to the Oscar Larson & Associates report and commented on its components. He stated that if the project is done it appears the best time to do it would be right after Labor Day so as not to conflict with other projects. He stated the District will need to develop its own plan of operation, and that its water conservation program will need to be in force during the time the project is carried out. The project would be subject to a General Construction permit administered through the North Coast Regional Water Quality Control Board. He advised that noise and truck routing would possibly be the most significant issue for the Board to consider and possibly unmitigable due to the number of trucks required. Noise will require an environmental impact report. Discussion ensued among the Directors and Mr. McClelland as to specific details of the report and project. Considerable discussion concerned the lack of feasible possible uses of the spoils soil. Director Skezas asked whether the spoils soil could be used in future for raising of the dam; Mr. McClelland stated this could not be known until the soils/geology analysis was done, at which point usability recommendations could be made. General Manager Chapman cautioned that funding would not be possible until after completion of current projects for cash-flow reasons; 2005 would be too early to begin. He further stated he would investigate at least doing the $15,000 Lake Emily soil analysis this fall. Mr. McClelland clarified that while some components of the project could not be scheduled until a start date for the project was established, some special studies could be done in advance of the project start date and save time later.

Audience comment was solicited. Richard Estabrook asked if there would be a NEPA component to the project. Mr. McClelland replied that if it is funded with federal funds or if there is a federal jurisdiction, a NEPA component must be included. Mr. Estabrook inquired whether Brooktrails is the lead CEQA agency; Mr. McClelland confirmed this. Mr. Estabrook asked whether Mr. McClelland was leaning toward a negative declaration or toward an EIR; Mr. McClelland replied that because of the noise, he felt an EIR would be needed. Bob Whitney raised the question of air pollution from dust and possible health risks; he asked whether this would be addressed in the EIR and Mr. McClelland responded that this issue typically would be, and that on-site and off-site mitigations would be included. Mr. McClelland also commented that two issues that would have to be addressed would be fish bypass water and bypassing the current creek. President Orth expressed the District's thanks to Mr. McClelland for his appearance and presentation.

F. PUBLIC HEARING

None

G. PUBLIC COMMENTS

Bill Edmondson of Brooktrails announced that Saturday, March 27, 2004, the Shriners Hospital would be conducting a free children's clinic in Ukiah.

H. CONSENT CALENDAR

2. REVIEW OF ACCOUNTS PAYABLE REPORT AND AUTHORIZATION TO ISSUE CHECKS

Director Horrick moved to approve the report and the retroactive report and authorize issuance of checks. The motion was seconded by Director Ziady and passed unanimously.

3. ADOPTION OF GOALS AND OBJECTIVES FOR FISCAL YEAR 2004-2005.

Director Skezas moved to approve the Goals and Objectives and Director Horrick seconded. Director Pohlson stated she wished to have timelines included and brief discussion ensued. Director Skezas suggested that the matter be continued to the action agenda of the next meeting and the Board agreed.

4. CONSIDERATION OF A RESOLUTION ACCEPTING GRANT DEED FOR TWO LOTS OF RIDGE ROAD FROM THE WADA LIVING TRUST.

Director Skezas moved to approve the resolution and Director Horrick seconded.
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None

I. ACTION AGENDA

5. PRELIMINARY DISCUSSION OF POSSIBLE FIRE TAX BALLOT MEASURE.

General Manager Chapman reviewed the history of the previous fire tax measure. He clarified that the actual vote on the issue would occur at the next meeting. He also stated that while it is not possible at this point to estimate the cost of the election, it is speculated that it could cost about $10,000. Director Skezas suggested splitting the issue into two alternatives on the ballot and the Board discussed the structure that would be required. President Orth stressed that it needed to be very simple and understandable and that the choice was not "either/or" but "and". Bill Edmondson asked if the public would be looking at a raise in water rates as well as a raise in fire tax. Mr. Chapman responded that the bankers involved on the current water projects may require the District to raise rates but that this will not be known for at least two weeks, and he stated that he felt the District would not have to raise rates this year unless an outside force required it.

6. CHANGE APPOINTMENTS OF DIRECTORS TO SPECIFIC PLAN AND RECREATION/GREENBELT COMMITTEE.

Director Skezas moved that the Board appoint Director Pohlson as its representative on the Specific Plan Advisory Committee and as its alternate on the Recreation/Greenbelt Committee, and appoint Director Ziady as its representative on the Recreation/Greenbelt Committee and its alternate on the Specific Plan Advisory Committee. Director Horrick seconded and the motion was carried unanimously.

J. SPECIAL REPORTS - GENERAL MANAGER

General Manager Chapman advised that at the recent Airport Commission Meeting the idea of using our second fire truck was discussed. The Airport Commission had no problem providing space, but the District would have to provide its own building/hangar to house the truck. He also advised that Department of Health Services has granted one more water exemption and the total now stands at 1,511 service connections.

Director Pohlson distributed a handout on the District's website and stated it is now searchable.

K. PUBLIC COMMENTS

None.

L. ADJOURNMENT

Director Skezas moved to adjourn and President Orth declared the meeting of March 23, 2004 closed at 8:31 p.m.


MICHAEL V. CHAPMAN
Secretary to the Board of Directors


CHARLES A. ORTH,
President
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