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MINUTES
BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
BROOKTRAILS COMMUNITY CENTER
24850 Birch Street, Willits, CA 95490
September 14, 2004 |
The Board of Directors of Brooktrails Township Community Services District met in regular session on September 14, 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, Horrick, Pohlson and Orth. Director Skezas was unable to be present. Also present were General Manager Chapman and District Counsel Neary.
C. ADDITIONS/ADJUSTMENTS TO THE AGENDA
None.
D. MINUTES OF PREVIOUS MEETINGS
1. August 24, 2004 - Director Horrick moved to approve the minutes and Director Ziady seconded. The motion was passed unanimously.
E. SPECIAL PRESENTATION
Water Supply Update - Richard Estabrook - Mr. Estabrook presented his third water projection graph for the season and stated that the latest reading of September 12, 2004 showed supply at just under the 200 acre-feet level; the water use is very close to projected use. Fire Chief Schoeppner reported that winter weather is anticipated to be a bit wetter than normal this year. No questions were presented by the public. President Orth thanked Mr. Estabrook for the report.
F. PUBLIC HEARING
None.
G. PUBLIC COMMENTS
An unidentified man at the podium inquired about the water moratorium. The Board responded by asking him to attend the Saturday, Public Forum meeting scheduled September 18, 2004. He said he would.
H. CONSENT CALENDAR
2. Review of Accounts Payable Reports and authorization to issue checks. General Manager Chapman pointed out a $17,000 payment due to USGS for the stream gauging station. He also advised that fire truck delivery was expected for September 23rd, prior to the next Board meeting. Fire Chief Schoeppner clarified that payment would not be due until after the truck had been inspected by District personnel.
Director Ziady moved to authorize issuance of checks. The motion was seconded by Director Pohlson and passed unanimously.
I. ACTION AGENDA
3. Consideration of Fire Prevention Officer billet / Review of Fire Fund balance. General Manager Chapman congratulated Fire Chief Schoeppner, the Board and the community on the passage of the fire Special Tax measure, which would add about $118,000 more revenue each year into the fire department. Fire Chief Schoeppner took the podium to clarify why he wished to add a fire prevention officer to his staff immediately, rather than wait 15 months until the first increased revenue installment comes from the County. He wished to have the enhanced fire prevention program with enforcement capability ready by next summer. He also briefed the Board on the progress of the fire truck's manufacture and wanted to send a staff member to Louisiana to inspect / drive the truck here on September 23rd. He advised that the new staff member would also relieve him of some on-call duties which have fallen on him since the departure of Leo Puentes. He stated the District has promised the public a good, comprehensive program (which will be presented to the Board for approval in the near future) and he intended to deliver on the promise.
General Manager Chapman presented some model charts depicting the state of the Fire Fund and the expected increased revenues' cumulative effect on the fire fund over time. He advised cash flow will stay positive for about five years until inflation begins to erode it. He stated he was not worried about incurring the staff expense now. He pointed out that the fire fund will also have a reserve program so that replacement equipment could be purchased as needed.
Director Ziady commented that she felt fire was at the forefront of the community's thought at present and that putting the fire prevention officer in place would demonstrate good faith. General Manager Chapman stated the fire prevention officer billet would cost about an additional $35,000 for the rest of this fiscal year, depending on its benefits package. Responding to Director Pohlson, General Manager Chapman clarified that the first new revenues would arrive in December 2005 and in April 2006. He also felt it was more appropriate for a fire prevention officer to be a trained, credentialed employee rather than a volunteer to oversee the abatement program. Director Pohlson commented that the secretary hours at the fire department should be looked at if there were to be two administrative personnel. Fire Chief Schoeppner explained that the secretary had been increased to full-time hours during the summer fire abatement season. President Orth responded that it was important to come up with an abatement program this winter. Lastly, General Manager Chapman clarified that he would not necessarily recommend that the Fire Fund pay back the General Fund for this additional interval expense, because the General Fund is designed to help other funds when conditions warrant
Citizen Robert Houtz commented that about the low margin of votes in the previous fire tax election. Mr. Houtz and Fire Chief Schoeppner discussed the Fire Safe Council's support for the fire tax election. Mr. Houtz asked if the new officer would have the authority to order clean-up of structures as well. Chief Schoeppner responded that while he could tag particular properties, the District needed better enforcement power. General Manager Chapman commented that the District already pursues certain health hazard situations, but presently has no authority to clean up other types of non-hazardous properties. Mr. Houtz inquired about how Sylvandale and Spring Creek qualified to vote in the election. President Orth clarified his question by stating that they were part of the fire district and therefore paid a fire assessment. He stated there is also a sphere of influence maintained by LAFCO and therefore our fire chief is constantly called to be first responder within that sphere of influence. Chuck Anderson inquired about how many ballots came in from out of the area, and was advised none. President Orth explained the difference between this type of election, voted upon by registered voters within the fire district, and a Prop. 218 election, voted by all property owners regardless of residence (assessments).
Director Pohlson stated that she and Bob Whitney had formed the Fire Safe Council as the Brooktrails/Sylvandale/Spring Creek district because the District qualifies for certain types of federal grants located near reservation land, and that Mr. Whitney had already applied for such funds. Director Horrick moved to authorize the General Manager to hire a fire prevention officer at this time at the 33-A pay step. Director Pohlson seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: Skezas
Later Mr. Bob Turner stated that the public was under the impression that a person has already been selected for the job. (Mr. Turner inquired about qualified female fire applicants, and asked if the District had pre-selected from among a pool of applicants.) President Orth and General Manager Chapman responded together, suggesting that a significantly qualified (CDF trained) individual already working within the volunteer fire department was available and willing, and that the District did not need to seek outside applicants. President Orth stated he felt the District had followed correct procedure. Director Pohlson stated she felt the job description for the position was a little dated and needed to be revised. President Orth stated that Brooktrails has always had women firefighters in its fire department.
4. Consideration of water storage tank regulations and policy formation. With the assistance of Chuck Anderson from the Specific Plan Advisory Committee, the comments provided by that committee and by District Architect Bob Axt were discussed. President Orth stated he felt that an ordinance should be enacted, but he felt that encouraging tanks and utilizing District water could deplete rather than augment District resources. He discussed briefly about storage tanks not being pressurized, and said he would be willing to allow 2,500-gallon tanks filled with rainwater only, installed with architectural controls, and with required inspections before and after installation. He proposed notification of adjoining neighbors with an appeal process provided. Director Ziady affirmed the choice of rainwater for filling, and annual and initial inspections. She stated she did not feel public notification of neighbors was necessary. Citizen Chuck Anderson stated permission was necessary from adjacent neighbors for buildings on a lot and he saw no difference with water tanks. President Orth believed Mr. Anderson was referring to the "posting of the lot," and he felt that posting the lot would be sufficient. Mr. Anderson also stated the Specific Plan Committee differed with District Architect Axt's recommendations with regard to tank size and color. Citizen Wallace Stahle commented that the tanks provided more options for residents and were a great idea provided hillsides and erosion controls were addressed in foundation requirements. Citizen Bob Houtz stated he felt it was contradictory for the District to encourage water tanks when it sells water. He commented that individual water tanks were unattractive. Director Ziady remarked that a new technology provides more attractive rectangular tanks that fit next to homes. Director Pohlson inquired about having the ordinance mandate such flat tanks. Director Pohlson stated she felt actual notification of neighbors should be required; President Orth disagreed. Director Ziady responded that if neighbors were interested in the appearance of their neighborhood, they would respond to a posted notice. General Manager Chapman suggested that enough direction had been given to staff to prepare a draft ordinance. Finally, Director Ziady extended her thanks to the Specific Plan Advisory Committee for its work on the issue.
5. Consideration of Draft Resolution 2004-26 - Authorization to Reapply for California RTP grant for Thimbleberry Trail Bridges - and of allocation of matching funds. Director Ziady, Chair of the Recreation Committee, spoke about the need to begin work on the trails. Brief discussion ensued about the District's having applied for a California Dept. of Parks & Recreation grant in 2003 to install bridges on Thimbleberry Trail, which was not funded. President Orth asked for a motion approving Resolution 2004-26, the reapplication for the RTP grant, and the commitment of $15,500 encumbered from the General Fund as matching funds. Director Ziady seconded.
Roll-call vote was as follows:
AYES: Directors: Ziady, Horrick, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: Skezas
6. Consideration of Draft Resolution 2004-27 - Finalization of Wells Project Mitigated Negative Declaration; Approval of Project; Direction to File Notice of Determination with County. General Manager Chapman described the CEQA procedure for this project, and stated it was complete except for the items on the agenda for approval. He advised that there would be a 30-day response period once the "Notice of Determination" was filed with the County, and that the well drilling was not scheduled until the end of October. President Orth responded it was important for people to have an idea of the potential environmental impact of the entire well program overall by means of one document, despite the fact that each well may also have site-specific mitigation, and said he found the document to be thorough and adequate. Director Horrick moved that the Board adopt Resolution 2004-27 to formally approve the wells project, finalize the Mitigated Negative Declaration of Environmental Impact, and direct the filing of the Notice of Determination with the County. Director Pohlson seconded. Mr. Houtz asked if a solution had been found to the sewer setback situation for the Lupine Place well and what that cost. General Manager Chapman responded it cost about $1,000 extra. The General Manager further outlined the plan to drill at three different location elevations in the District. He stated there would be site-specific problems to address at probably all future well locations because none of the locations were convenient, except for the first one at the water plant.
Roll-call vote on the motion was as follows:
AYES: Directors: Ziady, Horrick, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: Skezas
7. Discussion of approval to communicate with the City of Willits regarding sewer agreement. District Counsel Neary stated that he and General Manager Chapman had been working on a letter to the City of Willits regarding ongoing accounting issues and flow metering issues, and that this resulted from a lengthy process begun with last year's audit of the sewer figures from Willits. He stated the District proposes specific procedural corrections and a joint solution to the problem of accurate flow metering. He stated that the matter had been discussed in closed sessions for some time but was now a public matter. He stated that the letter attempts to illustrate some of the issues raised in the Terry Krieg audit report, and that the District's position is to focus on tighter controls in the future rather than the past. He pointed out that the report remains confidential at this point. President Orth explained to the audience that the District has a contract with the City of Willits by which it has a contractual right to a percentage of use of the City's sewer facility. The Regional Water Quality Control Board is requiring that Willits rebuild its facility, a very costly undertaking, and the District wishes to examine outstanding issues with the City prior to that. He stated he felt the letter was outstanding and very well crafted for the issues, with a positive slant. He stated he felt we were very close to resolving some of these issues.
Mr. Houtz asked the percentage of ownership and President Orth stated the District presently pays 37.5% for capital improvements and has that percentage of ownership. President Orth then briefly explained current District sewer activities, including the smoke-testing program.
Director Horrick moved to approve issuance of the draft letter and Director Pohlson seconded. The motion was carried unanimously.
8. Consideration of Draft Resolution 2004-28 Updating District Indebtedness Policy. General Manager Chapman explained that the resolution passed at the last meeting had omitted one item of indebtedness and that this correction was needed for the auditor. Director Horrick moved to approve the resolution. Director Pohlson seconded.
Roll call vote was as follows:
AYES: Directors: Ziady, Horrick, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: Skezas
J. ADDITIONS TO FUTURE AGENDAS
None.
K. SPECIAL REPORTS
General Manager Chapman reviewed the items in his memo. He advised that regarding well testing for Well #1 at the water plant, a mutual agreement had been reached with Department of Health Services to conduct the required tests in-house on a weekly basis over the next year, due to the low yield of this well and the high cost of official testing. Mr. Stahle asked if competitive bids have been sought for electricity for the Ohl Grove; General ManagerChapman replied that the District had not been able to even find contractors willing to make estimates or bid. Mr. Stahle advised he was an electric contractor, and General Manager Chapman suggested he could help with the needed estimates if he wished.
L. PUBLIC COMMENTS
Mr. Bob Turner took the podium and asked if the District could consider abandoning the sewer arrangement with Willits at some point in the future and construct its own sewer facility. President Orth responded that the controlling agencies prefer to see regional treatment facilities. He stated that in the past Brooktrails had in fact attempted to have its own sewer system without success, and that it now lacks the requisite types of available land to accommodate the required structures. He stated that the proposed joint powers agreement with Willits is in fact an ownership situation. Mr. Turner suggested that at least the cost of having its own facility should be considered by the District so that the cost could be compared.
M. ADJOURNMENT
A motion was made to adjourn and President Orth declared the meeting of September 14, 2004 closed at 9:00 p.m.
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
CHARLES A. ORTH,
President
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