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MINUTES
BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
BROOKTRAILS COMMUNITY CENTER
24850 Birch Street, Willits, CA 95490
October 12, 2004 |
The Board of Directors of Brooktrails Township Community Services District met in regular session on October 12, 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, and Orth. Also present were General Manager Chapman and District Counsel Neary. Director Pohlson arrived at 7:10 p.m.
REPORT ON CLOSED SESSION.
None.
C. ADDITIONS/ADJUSTMENTS TO THE AGENDA
None.
D. MINUTES OF PREVIOUS MEETINGS
September 28, 2004 - President Orth asked that the phrase on page 3493, first full paragraph, midway down, reading "Rob Gitlin was probably interested in this" be changed to read "Rob Gitlin could be approached on this."
Director Horrick moved to approve the minutes with this correction and Director Skezas seconded. The motion carried unanimously.
E. SPECIAL PRESENTATION
Fire Chief Schoeppner announced the new fire engine had been driven back safely from Louisiana and checked out. It will be displayed at the Fire Tech Show in Reno in November. He anticipated it will go into service about the second week of November. Meanwhile the tools and the required bracketing will be fabricated. Training and driving of the truck will begin this week. Gas mileage on the trip home was 5 mpg. Chief Schoeppner took the assembly outside for a tour of the fire truck at 7:09 p.m. and they returned to the hall at 7:24 p.m.
In other news Chief Schoeppner stated that a lease purchase contract for a vehicle to replace the department's 1986 Bronco would be brought to the Board October 26th for consideration. He announced that no additional applications had been received for the fire prevention officer position, and that Jon Noyer had been hired to fill this position. The Board congratulated Chief Schoeppner on acquiring the truck and expressed the community's gratitude.
F. PUBLIC HEARING
None.
G. PUBLIC COMMENTS
None.
H. CONSENT CALENDAR
2. Review of Accounts Payable Report and authorization to issue checks. Director Skezas moved to approve the report; Director Horrick seconded and the motion carried unanimously.
I. ACTION AGENDA
3. Consideration of Loan Resolution for USDA Rural Development loan: Clearwell/Backwash Ponds Project. General Manager Chapman stated that the principal amount will be $454,000 and the annual payment $25,558, at an interest rate of 4.75% over a 40-year term. The draft resolution has been prepared on USDA's form RUS Bulletin 1780-27. Director Horrick moved to waive further reading and adopt loan resolution 2004-30 (RUS Bulletin 1780-27) allowing the General Manager to execute all loan arrangement terms with USDA Rural Development for the construction of the Clearwell/Backwash ponds project. Director Skezas seconded. General Manager Chapman answered questions from the directors. He clarified that the loan financing needed for the wells would be obtained from a different source and that this would not be prohibited under the restrictions of the USDA loan. He said that $336,000 of the Capital Facilities Fund will be used as part of this process and current FY 2004-05 rates will not be affected for this loan package. He further stated this loan will be junior to the LaSalle loan (water plant).
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
4. Consideration of Right-of-Way Certificate: Clearwell/Backwash Pond Project. General Manager Chapman explained that the loan process required research into any conflicting right-of-way claims that might exist for the project area, and that none had been found. He also took a trip to the County Recorder's office to research any possibilities of right-of-way issues, and found none. He pointed out legal counsel's (Chris Neary) position of the following - Quote: "The District's ownership of the water plant property was dedicated on the subdivision map by express dedication so there was no deed. By owning property contiguous to the County Road the District has the legal right to access. I can sign the opinion regarding right-of-way." Director Pohlson moved to authorize the President and Secretary to sign the Right-of-Way Certificate as part of obtaining financing for this project; Director Horrick seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
5. Opinion of Counsel Relative to Rights-of-Way. General Manager Chapman explained that this form needed signing by District Counsel as an attestation to the right-of-way findings discussed above. Director Skezas moved to authorize District Counsel Neary to sign the Opinion of Counsel as part of the USDA financing procedure for the clearwell/backwash ponds project. Director Horrick seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
6. Willits Bypass Update. President Orth briefed the assembly on recent developments discussed at a recent informational meeting between CalTrans, the County, the City of Willits, Brooktrails and MCOG. The least environmentally damaging practical alternative, commonly known as the LEDPA, has not been signed off on by the EPA or the Corps of Engineers. Fuel, concrete and steel costs have surged the construction cost up 40%, and a full viaduct will be required for the flood plain. To build a full four-lane bypass with two interchanges would now cost $216 million (today's cost). The three different estimates in the packet were briefly reviewed. Both the $139 million and the $152 million estimates would have a grade-level interchange at the north end, not a full interchange. The truck scales north of town would be the staging area. Soils sites will need to be found; these are for soils that will be used to build up the road. President Orth reiterated that Brooktrails needs a second access, and we might be able to provide soils sites. He further stated that CalTrans will buy the full rights-of-way and do full mitigation measures for the entire project first, and then will do the construction as funds become available (phase in). The viaduct, due to earthquake potential, will require the most expensive type of piling and foundation work. Claudia Reed asked what the time limit was, and President Orth stated the final environmental document was scheduled next year, the right-of-way acquisition program would be two years, and then the contractors would bid.
7. Discussion of George Rau letter regarding effluent volumes, Brooktrails/Willits. General Manager Chapman reminded the Board that George Rau had been hired to do a second analysis of the City of Willits' revised effluent volume figures. It was shortly thereafter that Dale Fraser, a calibration expert engineer from Oregon, examined some of the City meters themselves for calibration certification. Mr. Chapman stated he (with Chris Neary) would like to have a meeting with Ross Walker to discuss a broad range of issues. Director Horrick moved to accept the George Rau letter; Director Skezas seconded and the motion carried unanimously.
Director Ziady commented that working cooperatively with Willits would be the best procedure. Claudia Reed asked about comments the City of Willits had made, with regard to its negotiations for a USDA loan for its sewer system, about the need to raise rates. President Orth reminded her that the District is not a party to that exact negotiation. Director Skezas commented that the metering system cannot effectively monitor flow in the wet season and felt cooperation with Willits was needed for this process. President Orth and the General Manager agreed that the probability of overflow in the pipes was small, perhaps about 3% according to the engineers. Directors agreed that the policy approach being outlined in the Rau letter was a sound one and that the General Manager and legal counsel should meet with the City in the near future.
8. Consideration of an agreement with Axt & Mitchell. General Manager Chapman recommended entering into a contract with District Architect Axt's firm for design, estimating and planning services needed for future projects/grant applications. Director Horrick moved to enter into a contract with Axt & Mitchell for design, planning and estimating services on a time and work order basis, and Director Skezas seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
9. Consideration of Adoption of Goals & Objectives for FY 2004-05. General Manager Chapman stated that in March 2004 these goals and objectives had been discussed and then submitted to the committees for input. Director Skezas moved to adopt the goals and objectives and Director Horrick seconded. President Orth asked for two changes under the "General" section.
First was to add an action under the "fair share of County services" heading:
"Form a subcommittee with County and BTCSD."
Second was to delete the words "appoint delegate" from the "Participate in MCOG" goal, as, he stated, there is no such appointment procedure for MCOG. Director Skezas amended his motion to include these changes and Director Horrick seconded the amended motion.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
10. Consideration of authorizing contract with SHN Engineering for soil boring tests (Lake Emily dredging project). General Manager Chapman said four engineering firms had been requested to bid for this project in August, but only SHN Engineering responded. $15,000 had been allotted in the FY2004-05 budget for this test. SHN had just inspected the site and while they had not yet submitted a formal bid, they were cautioning that some changes to the scope of work might be needed and a different spoils site might need to be found. Mr. Chapman stated he needed to have this work done before the heavy rains begin. He stated he had a call in to Scott Harris of CA Fish & Game as well on this matter. He requested the Board to approve entering into this agreement now in order to meet the weather time constraints. Director Skezas moved to approve entering into a contract for this work with SHN for a fee not to exceed $15,000. General Manager Chapman answered Directors' questions regarding site location, soil compaction and stability of the dam itself. He stated that if the sediment cannot be placed at the edge of the dam, we would have to return to the original idea of placing it at the fifth fairway of the golf course. Director Ziady asked why the boring was being done. General Manager Chapman responded that it was to predict whether the soils, once deposited at a spoils site, would move in mass. Director Ziady asked if an EPA document would be needed for the larger project (dredging); General Manager Chapman said that would be involved when we got closer to the dredging project. President Orth stated there is a haul road already which has overgrown with willows. District Counsel Neary added that the environmental review time might be quite lengthy. Discussion ensued about the possible composition of the dredging sediment and sites for it.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
11. Introduction of Ordinance No. 127 amending Ordinance No. 76 - Private Water Tanks. Schedule Public Hearing for November 9, 2004. General Manager Chapman stated the proposed draft ordinance addressed the findings of the past six months by theBoard and Committees on this topic. He advised that the annual inspection fee would be $3.24 per month ($38.88 annual). President Orth and District Counsel Neary concurred that the phrase "to inhibit algae growth" should be removed from section 2-801(b). Director Skezas moved to accept the draft ordinance, waive further reading and schedule a public hearing for November 9, 2004.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Skezas, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: None
12. Consideration of Proposal To Sign Memorandum of Mutual Understandings/ Participate in Proposed Integrated Regional Water Management Plan. President Orth clarified that this matter was brought to his attention at the most recent LAFCO meeting. He complimented staff on their research into this matter. General Manager Chapman stated that Roland Sanford, Mendocino County Water Agency, had not yet proposed a recommendation to the County Board of Supervisors. Mr. Chapman perceived no hurry to act on the question until the Board of Supervisors has reviewed the matter. He did state a concern that if the District were to join the Sonoma County-initiated management plan, the disparity in size between Sonoma County and the District could lead to the District's only receiving "crumbs" in the exchange. Director Skezas concurred with that potential assessment. The General Manager stated that other counties, such as Humboldt, are also having concerns with the proposal. President Orth advised that since the proposal was presented, California has negotiated a settlement pertaining to a California Water Program which the District should also explore. General Manager Chapman stated that the worst case scenario would be to follow the Board of Supervisors' direction in this venture, but it was possible that Mendocino County might want an alternative (i.e., a Mendocino County Management Plan).
District Counsel Neary advised that the proposal proposed a "technical review panel" to include civic interests and regional associations. He thought that designating such participants should best be left to the technical review panel itself, once activated, and that it was presumptuous to name such participants in advance. President Orth concurred. Discussion ensued about the small likelihood of benefit to the District for participating. President Orth reminded the Board that other monies are available to the District under Proposition 50, but that the District should keep investigating the Chapter 8 portion requiring a regional management plan, and that other options may become available. The deadline for a proposal was understood to be March 2005. President Orth stated that the rules for these plans are now being revised and no one has seen them yet, putting the District on an equal footing with all other players at the moment. General Manager Chapman stated he hoped to have more information about the local water agency's position on November 9. Director Skezas thought that we should first wait for the Board of Supervisors position on this matter before voting. We still have time.
J. ADDITIONS TO FUTURE AGENDAS
General Manager Chapman stated he had just received the Terry Krieg, CPA audit report, which will be addressed on a future agenda.
K. SPECIAL REPORTS
General Manager Chapman questioned whether the Board would be interested in sending a letter to all Spring Creek/Sylvandale residents asking about the status of their private wells. President Orth responded that if a property with a good well came up for sale, the District should at least investigate the possibility of buying it. It was concurred that the inquiry should be pursued, but informally, and that District Counsel should review the letter. General Manager Chapman proposed to bring a letter back to the Board.
General Manager Chapman stated additional bids were being sought for the water tank liner.. Regarding the bypass valve, he described an idea by Robert Melluish, Utility Supervisor, as to how and where to place the valve, and he was discussing this idea with Scott Harris from CA Fish & Game. The District was also exploring a device to help seal manholes to reduce infiltration into the sewer system. Mr. Chapman reported that smoke testing is continuing and notices have been sent out to residents needing to make repairs.
L. PUBLIC COMMENTS
None.
M. ADJOURNMENT
Director Skezas moved to adjourn and President Orth declared the meeting of October 12, 2004 closed at 8:29 p.m.
CHARLES A. ORTH
President
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
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