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MINUTES
BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
BROOKTRAILS COMMUNITY CENTER
24850 Birch Street, Willits, CA 95490
May 11, 2004 |
The Board of Directors of Brooktrails Township Community Services District met in regular session on May 11, 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, Skezas, Pohlson and Orth. Also present were General Manager Chapman and District Counsel Neary. Director Horrick was not able to be present.
REPORT ON CLOSED SESSION
The Board met with and received information from Counsel concerning one anticipated item of litigation. The Board continued its second closed session agenda item to the next Board meeting.
C. ADDITIONS/ ADJUSTMENTS TO THE AGENDA
None.
D. MINUTES OF PREVIOUS MEETINGS
1. April 17, 2004 - Annual Budget Meeting - Director Pohlson stated that on the last paragraph, second page, Bill Jack was referenced as "Director Jack" in error. With regard to the discussion at the bottom of draft page 3446 regarding "Chip's House," Director Pohlson stated she thought the funds were supposed to go to the Sewer Fund. After a brief discussion between the Directors, General Manager Chapman suggested negating the entire paragraph and bringing the matter back before the Board. Director Skezas moved to delete the entire paragraph at the bottom of page 3446 and Director Pohlson seconded; the motion passed unanimously.
April 27, 2004 - President Orth stated that on draft page 3448, in the third paragraph the words "and that a watershed was being managed, not timber resources" should be replaced with, "and that the management plan focus was on watershed improvements, not on timber resources." Director Skezas also noted that the page numbers were the same for both the April 17th and April 27th meetings, and moved for correction of the April 27th minutes. Director Ziady seconded; the motion passed unanimously.
E. SPECIAL PRESENTATION
None
F. PUBLIC HEARING
2. Public Hearing was opened at 7:05 p.m. on the adoption of proposed Ordinance 124 amending Ordinance 93 (pertaining to board meeting dates). General Manager Chapman briefed the public on the purpose of the ordinance, being to reduce to one Board meeting in August and to add a third meeting in September (forum meeting). No public comments were offered. Public Hearing was closed at 7:11 p.m. Director Pohlson moved to waive further reading of Ordinance 124 and adopt it. Director Skezas seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: Horrick
3. Public Hearing was opened at 7:07 p.m. on the adoption of proposed Ordinance 125 pertaining to Sewer Standby charges for Fiscal Year 2004-2005. General Manager Chapman briefed the public that the District would continue the present sewer standby charge rate for the coming fiscal year. No public comments were offered. Public Hearing was closed at 7:14 p.m. Counsel Neary pointed out that this ordinance would require a four-fifths vote. Director Ziady moved to adopt Ordinance 125 and Director Pohlson seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: Horrick
4. Public Hearing was opened at 7:09 p.m. on the adoption of proposed Ordinance 126 (establishing an increase in the Special Fire Tax), said ordinance being subject to ratification by two-thirds of the voters in a special election to be held August 31, 2004. General Manager Chapman advised that threee actions were scheduled on this matter. (1) public hearing on and adoption of the ordinance to set the new rates; (2) introduction and adoption of a resolution calling for a special tax election; and (3) approval of the election measure language and argument in favor of the tax. General Manager Chapman detailed that the increase would be $20.00 per lot across the board, and that the total fire tax revenue generated would approximate $275,000.00, as opposed to the current $155,000.00. He advised that this increase would allow building of reserves, and to potentially allow a fire prevention officer on staff.
Director Ziady asked whether the Fire Department was currently being subsidized by the General Fund, and General Manager Chapman verified this was the case.
Fire Chief Daryl Schoeppner took the podium and described the history of cuts in hours and personnel. He clarified that the $20.00 increase was annually and that the increase would also assist with public education and fire prevention.
No public comments were offered and the Public Hearing was closed at 7:17 p.m.
Director Skezas asked if any language in the ordinance could be changed; Counsel Neary said that substantive changes could affect the procedure; Director Skezas asked if replacing the words "including expanded fire suppression" in the third paragraph with the words "including comprehensive fire suppression" would be a substantive change, and Counsel Neary said it would not. Director Skezas moved to adopt the Ordinance with that change, and Director Ziady seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: Horrick
The Board then addressed the adoption of Resolution 2004-10 calling for the special election by mail on the fire tax increase. General Manager Chapman advised that the Board would need to approve the language in the draft ballot measure and the Argument in Favor of Tax. President Orth stated that since these items were included in the Action Agenda, he would continue to the Public Comments portion of the meeting.
G. PUBLIC COMMENTS
Jim West handed out his modified version of the CHP "defensible space" diagram. He stated he was concerned with the District's chain of command as to who determined what trees were allowed to be cut. President Orth stated that the fire chief will inspect residences for fire hazards and give permission to remove if applicable. General Manager Chapman clarified that District Architect Axt concentrates on aesthetics; if the tree is a hazard, that falls under fire. Director Pohlson said that the Recreation Committee was addressing the question of whether the trees in the canopy should be allowed to touch each other along with its forest management plan, and suggested that Mr. West join the committee. Fire Chief Daryl Schoeppner said that current policy is if the tree is dead, dying or diseased, he has the authority to sign off on the request to remove the tree. If the tree is greater than 6" at chest height, a tree removal permit is required. He stated that he had spoken to CDF personnel that Mr. West had contacted, and CDF will not allow Mr. West to do what he wants to do with the trees.
H. CONSENT CALENDAR
5. 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 Ziady and passed unanimously.
I. ACTION AGENDA
6. Introduction of Resolution 2004-10 calling for special election on fire tax. Director Skezas moved to adopt the Resolution with a language change, that being that the second line should read "continue the comprehensive fire prevention program." Chief Schoeppner stated that he would like to have a public meeting with two Directors in attendance to explain to the public how the funds will be used. Director Skezas then moved to approve the ballot measure language and the language of the Argument in Favor of Tax. Director Ziady seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: Horrick
7. Director Pohlson left the table for the duration of the discussion of the "redlined" version of the golf course maintenance proposal by Ron Runberg. Director Skezas moved that the District authorize its legal counsel to finalize the transfer of the maintenance of golf course operations to Ron Runberg according to the proposed agreement between Brooktrails Township and Mr. Runberg. Director Ziady seconded. Public comment was solicited and a Willits teacher spoke in favor of the proposal, stating that Mr. Runberg went out of his way to meet the needs of the community's children. Director Ziady and President Orth spoke highly of Mr. Runberg's character, and Mr. Runberg's son took the podium and spoke in support of the proposal.
Roll call vote was as follows:
AYES: Directors: Ziady, Skezas, Orth
NOES: Directors: None
ABSENT: Directors: Horrick
A break was called at 7:38 p.m. and the meeting resumed at 7:40 p.m.
8. Consideration of request from Steven Blough for extension of time period in which to produce County building permit and pay water connection fees. General Manager Chapman stated that Mr. Blough has requested six months more time for health reasons. After a few brief questions Director Skezas moved to allow a six-month extension and Director Ziady seconded. The motion was passed unanimously.
9. Discussion on Grove Park usage and rentals policy. General Manager Chapman stated that the issue of sanitation was first and foremost. Director Ziady stated that the Recreation/Greenbelt Committee did consider sanitation the first priority, but with only $49,000.00 in their budget, could not afford to build restrooms and asked if the District could pay for them from the General Fund. Brief discussion revolved around the question of how much it would cost to construct restrooms. President Orth suggested putting the restrooms into the next budget year and providing a handicapped port-a-potty until then.
The question of allowing dogs was then discussed. President Orth stated that dogs on leash are allowed on the Par Course but that there should be some restrictions on dogs within the Grove property. Director Pohlson stated there would be a trail through the Grove and people do walk their dogs and they could simply be kept off the grassy area.
In other matters Director Pohlson stated that alcohol might have to be allowed during weddings, so she would suggest a simple ban on selling it. President Orth stated that proof of insurance must be provided for any use of alcohol and that signing the release of liability would not be sufficient. Director Skezas stated he had a major problem with barbecues in the summer fire season, especially with alcohol involved. He stated there should be no barbecuing this year, and not until permanent fixtures were installed. Director Ziady said that renting to large groups would be a source of revenue for Recreation, which currently has no revenue, and she favored alcohol. President Orth asked Counsel Neary about liability in the case of alcohol use; Counsel Neary stated he thought unlikely that the District would have liability.
The discussion matter turned to rental rates. President Orth stated that he liked the $50.00 rate as suggested by the General Manager; Director Pohlson expressed opposition to this and stated she wanted a $350.00 rate. She stated that they were talking about huge events, 200 to 300 or more people, and that many people "chip in" to cover such costs. President Orth asked if a capacity limit needed to be set in consideration of parking and Director Pohlson said no. Director Pohlson stated that a $500.00 security deposit should be used for major damage. President Orth asked if a clause should be put into the agreement stating that if the sheriff had responded to an occurrence at the event, part of the deposit should be forfeited. Counsel Neary stated that a public agency would have to go through due process for a forfeiture. President Orth stated he did want this to be part of the agreement and that appeals, if any, could be made to the Board.
Claudia Reed of the Willits News asked what the legal situation would be if the Grove, as public property, was rented for an event and became off-limits to the rest of the public. Counsel Neary's responded that use by renters would not be exclusive, and that other members of the public would be able to enter the Grove during a rental event.
Director Skezas stated that the City of Willits' Recreation Grove rental agreement should be reviewed for ideas. He reminded the Board that the solutions being discussed at this meeting were temporary, not permanent.
Janice Gendreau, Chair of the Recreation/Greenbelt Committee, took the podium to discuss the unsafe traffic situation and pedestrian safety at the Clover and Birch intersection. She stated that first priority for the grove would be to construct a proper pedestrian bridge. General Manager Chapman agreed that the tree on the corner was a potential road safety factor and that Steve Ford, Traffic Safety Engineer for Mendocino County, had said pedestrian signs would be posted at several locations in the near future. Director Skezas suggested a three-way stop at the intersection. President Orth stated that once Congress enacts the new highway bill there will be more funding for pedestrian issues, and that the District still needs to have the County take care of the issue of pedestrian safety and sidewalk improvement project for the west side of Birch, connecting through a pedestrian bridge with a proper crosswalk and safeguards, and that was ultimately where the District needs to go. Director Ziady stated that she felt the Committee and Board would be well-advised to present the issue of cutting any trees at a public meeting before doing so. Claudia Reed asked for clarification of the property's status now and President Orth confirmed it was public property and accessible to walk-ins at any time.
The discussion once again turned to rates. Ms. Gendreau stated she did not agree with the fees proposed by the General Manager ($25.00 less than four hours; $50.00 per day); and proposed a fee for $175.00 for four hours or less. She also suggested a policy of no rentals on Sundays, so that it could be open to the public. Lastly, she recommended that groups under 25 should not be required to provide liability insurance, but that larger groups should.
The Board of Directors asked that more information be provided about how the City of Willits deal with their parks and the subject of exclusive rentals, and return for more discussion at a later meeting.
10. Review of proposal for well drilling for Wells #2 and #3 and consideration of a contract with Weeks Drilling. General Manager Chapman advised that bids had been solicited from five drillers but received only a response from Weeks Drilling, at the rate of $20.00/foot. He stated that an additional bid had been received late from United Drilling , but that there were insurance problems with that vendor. He stated he would like to have a contingency cap of at least $10,000.00 above the bid amount for each well. Director Skezas moved that the contract and budget amounts be approved with the suggested "not to exceed" contingency amounts of $35,000.00 for Well #2 and $45,000.00 for Well #3. Director Pohlson seconded. Public comment was solicited. General Manager Chapman stated he is preparing the CEQA document for the wells. Mr. West asked if the drilling was for test wells and Mr. Chapman confirmed this, and he advised that water quality tests, when done, would run about $3,000.00 for each well. He stated that if sufficient water quantity and quality are found he will return to the Board to address piping to transmit the water. Counsel Neary stated that sanitary seals are required at a certain depth.
Roll call vote was as follows:
AYES: Directors: Ziady, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: Horrick
11. Approval of contract with Oscar Larson & Associates for engineering services for Clearwell/Backwash Ponds Project. General Manager Chapman reviewed the search for an engineering consultant and the Board's choice of Oscar Larson & Associates in October 2002. He advised that in recent months several important steps of the process have been completed, and that funding with USDA Rural Development is almost complete. To date $59,000.00 has been spent, and the next engineering phase (blueprint) is anticipated to cost $111,000.00 and take three months to complete, with the understanding that these services will be reimbursed through the USDA loan. He advised he is also consulting with different bond attorneys to obtain an idea of the best rates for their services. President Orth inquired which bond attorneys he had consulted and Mr. Chapman stated he did not have those notes with him but had contacted them based on referrals. Director Skezas moved to approve the contract with Oscar Larson & Associates for engineering services for the Clearwell/Backwash Ponds Project with a cap of $111,000.00 and Director Pohlson seconded. Public comment was solicited.
Roll call vote was as follows:
AYES: Directors: Ziady, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: Horrick
J. SPECIAL REPORTS
General Manager Chapman briefed the Board as to the points contained in his memo. In addition, he advised he had met that day with David Borger of the Division of Dam Safety and learned about a new "rubber dam" technology which could allow the District to raise Lake Emily's capacity possibly by 1 foot (creating 5 million more gallons storage over 17 acres, which would provide 9 days additional water). He stated this inflatable/deflatable technology was now being used for dams and reservoirs and could be adjusted to accommodate or allow outflow of storm rainfall as needed. Another positive development was the Division of Dam and Dam Safety's revised opinion that could allow the use of spoils at the base (toe) of the Lake Emily dam. Lastly, the 4-inch bypass valve issue had also been reviewed with Mr. Borger.
K. PUBLIC COMMENTS
None.
L. ADJOURNMENT
Director Skezas moved to adjourn and President Orth declared the meeting of May 11, 2004 closed at 8:39 p.m.
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
CHARLES A. ORTH,
President
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