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MINUTES


BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT

BOARD OF DIRECTORS

BROOKTRAILS COMMUNITY CENTER

24850 Birch Street, Willits, CA 95490

September 28, 2004

The Board of Directors of Brooktrails Township Community Services District met in regular session on September 28, 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, Skezas, Pohlson and Orth. Also present were General Manager Chapman and District Counsel Neary.

REPORT ON CLOSED SESSION.
District Counsel Neary advised that the Board had conducted the annual performance review of the General Manager and had unanimously voted to extend his employment contract for an additional year.

C. ADDITIONS/ADJUSTMENTS TO THE AGENDA
President Orth stated that due to a scheduling conflict, Action Agenda item #4 would be moved to the end of the action agenda.

D. MINUTES OF PREVIOUS MEETINGS
1. September 14, 2004 - Director Skezas commented that while he had not been present at the previous meeting, he had reviewed the videotape, and it appeared to him that some off-camera public comments on the fire prevention officer matter actually made by Bob Turner had been attributed to Robert Houtz in error.

Director Horrick moved to approve the minutes with this attribution corrected and Director Ziady seconded. Director Skezas abstained from the vote. The remainder of the directors approved the motion.

2. September 18, 2004 Community Forum Meeting - Director Skezas moved to approve the minutes and Director Horrick seconded. The motion was carried unanimously.

E. SPECIAL PRESENTATION
None

F. PUBLIC HEARING
None

G. PUBLIC COMMENTS
Director Skezas thanked the Board and General Manager for their approval at the last meeting of the Fire Prevention Officer position.

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. Annual Report of Recreation, Greenbelt & Conservation Committee: Director Mary Ziady stated that she had been appointed chair of this committee in June 2004, a chair formerly held by Janice Gendreau. She thanked Ms. Gendreau and Mike Aplet for having contributed a great deal of work on the committee.

CFIP Grant Report/Greenbelt Management Plan: Director Ziady stated that the existing greenbelt management plan was over 10 years old and a new one is being developed using the California Forest Improvement Program. She stated the public's concerns at the last April 24, 2004 public meeting had been: (1) reducing forest fuel load, with a high priority on areas closest to the residential community; (2) minimal tree removal with a low impact on the environment of the forest; and (3) terms such as sustainable forest and uneven-aged forest were discussed. After the April meeting an inventory of the fuel load, timber, wildlife, erosion concerns and access were done on 800 acres of the greenbelt. Those findings will be presented to the public before a plan is developed. There are three presentation dates: Tuesday, October 26, 2004 at a board meeting; Thursday, October 28, 2004 at a meeting of the Greenbelt Committee at the Community Center; and Saturday, October 30, 2004 at a public forum at 10:00 a.m. at the Community Center. The Board will then discuss the final plan at its December 14th meeting. The final plan will need to be approved by CDF.

Protecting the Watershed: Chair Ziady cited Wallace Stahle's report of problems at the quarry site as an example of the public's ideal role, and as a learning experience for the District in erosion control procedures and remediation. Chair Ziady also noted the item in the General Manager's report where smoke testers noticed an area of potential erosion on Willits Creek and acted immediately with CA Fish & Game to protect the site, and applauded this proactive stance. The Recreation Greenbelt Committee urges continuing education for staff and crew on the topics of soil protection and sedimentation control.

Hiking Trails Improvement: The District has over 9 miles of trails, many of them old logging roads. Dick Robie and Mike Aplet have mapped them out and many have been improved in the past year. The District has reapplied for a state parks grant for three bridges for Thimbleberry Trail and committed matching funds.

Fire Safe Council: Two committee members belong to this group. Chair Ziady stated that information is exchanged between these two groups and both have concerns regarding the greenbelt.

Recreation: New play equipment was purchased with state bond funds and added to the children's playground after seeking out children's opinions of what they wanted.

Invasive Plants: Chair Ziady cited such plants as scotch broom as invading the District lands and overtaking native plants; the Committee will be looking at this issue.

Ohl Redwood Grove: The District purchased this 12.29 acre property with state bond funds this year. The park is named in part thanks to the generous contribution of the Ohl Family. A park sign is being developed for it by Mike Aplet. The committee further recommended the following philosophy for the park:
1. The preservation of park land, stream and trees are of primary importance and should guide the use and development of the park.

2. This is an active use park.

3. Seasonal use is advised for large events to protect the tree roots; a possible start date is May 15.

4. No parking inside the park, and no driving. Supplies need to be hand-trucked in and out. These points are to protect the trees.

5. Priority plan for development:
a. Public restroom. The committee agreed with the general manager's Option A (gravity flow system near the gate) as the type and location.

b. Picnic sites with tables and fire-safe barbecues.

c. Rehabilitation of old tennis courts into volleyball or perhaps basketball courts.

d. Barriers along active use paths and the roads to avoid tree root compaction.

e. Development of a handicapped-accessible active use path system within park.

f. An amphitheatre of a size and design that would integrate into the park's natural setting.

g. Development of a multi-use building for children: day care, nature and crafts classes for all ages.
The committee advised against a pool but would consider a pool at another site.

MCOG Grant: The committee developed a list of projects for this grant. However, recent information obtained about the complexities and up-front costs of this grant program has caused the question of applying for the grant to be brought to the Board for review.
Park Trails and Parking:

1. The committee felt that in order to have a viable park accessible to pedestrian use there must be an interconnection between parking and trails. The committee encouraged staff to continue their efforts to have the County Department of Transportation provide stop signs and crosswalks between the Grove and the District parking lot by the Community Center.

2. The committee urged the creation of attractive and safe drop-off/pickup zones with seating for waiting people at three possible locations: First choice was a pedestrian bridge at the old historic bridge site; this will require intensive negotiation with CA Fish & Game. Hopefully the goal of keeping cars out of the park will be a positive point. A second choice was the County easement on Clover Road near the gate to the park there. A third choice was near the old tennis courts.
3. The committee desired a trail or path connection linking the Ohl Redwood Park to parking at Summer Meadow, and urged staff to work with CA Fish & Game to find some path and method that would be safe for the streambed, and yet still allow the connection.
The Committee envisioned the entire area from the Golf Course to Summer Meadow to be connected for pedestrian use.
Future Work:
1. 160 acres of watershed near Spring Creek just acquired and needed restoration.

2. A future meeting with residents of Spring Creek and Sylvandale regarding trails.

3. Four-wheel drive protection for community lands.

4. Future challenges for staff: monitoring and applying for grants and obtaining expert assistance. Balancing the community's needs in light of the moratorium: fire protection, watershed, and quality of life.

Director Horrick stated he was especially interested in grants for fire reduction which might include some selective thinning and harvesting in the greenbelt. Director Ziady stated the CFIP plan was being finished and the Fire Safe Council was looking for funding for forest management. She further stated that when the committee lost Janice Gendreau and Mike Aplet they lost a great deal of grant expertise. Discussion ensued about restoring the greenbelt to what it was before. Topics included (1) crown fire danger; and (2) planting redwood and getting rid of most of the tan oak, with the need, however, to retain tree root systems to avoid soil erosion. Director Pohlson expressed her satisfaction with Chair Ziady's ability to focus the committee on a specific matter and get it decided.

President Orth stated he did not wish to accept the committee's recommendation against having a swimming pool at the old site and stated the committee was obligated to come up with an alternative site if it wished to not have one at the historic site. He stated the District has had a $1 million estimate to replace the pool (which is presently filled in); he stated this money plus operating funds would have to be found, but user fees could offset this. A discussion ensued about cooperative pools as the only likely way. President Orth stated that Rob Gitlin could be approached on this and there might be a public/private partnership in the future that could make this possible. Director Ziady stated she was not comfortable with public/private arrangements, but would not rule it out. Director Skezas stated that when the pool was existing, population and traffic were much less than today, and in summer months the historic site might not be a good location, but he would support an alternative site. President Orth asked the committee to find a designated pool site that would work.

Claudia Reed of the Willits News said she talked with Rob Gitlin [Brooktrails Lodge owner], who stated he disagreed with the fees set for the Grove, and would like to offer his customers a package deal including the use of the Grove for their events while staying at the Lodge. Ms. Reed suggested there might be a way to offer him something in return for his participation in a pool venture. Director Ziady stated Mr. Gitlin was under the misconception that the charge was $350/day for setup and takedown in addition to the event itself, and that the District does not do that.

President Orth commented that because of the fire reduction grants that will probably be sought from the federal level, he felt that Brooktrails was ahead of the game by doing the CFIP work.

There were no public comments.

Item 5, taken as Item 4 in sequence. Discussion of draft resolution authorizing MCOG grant application. Directors expressed differing views as to the length of the MCOG grant cycle. General Manager Chapman presented findings from the research done in order to prepare this grant application. He stated the District at this point cannot come up with the up-front funding requirements, which could run $100,000. President Orth asked District Counsel Neary regarding MCOG's requirement for a transportation planner beyond the applicant's staff, and asked about our authority, if any, to spend funds for transportation projects. District Counsel Neary confirmed we have no such authority, and such projects must be done by the County on our behalf. Director Pohlson stated that this five-year cycle was for unincorporated areas of the County, and the last five-year cycle was for the cities. She stated she felt some disappointment at the short notice provided by MCOG, given that the District was only provided three months in which to complete the entire process, and that it will be another five years before the District is eligible to apply again. She stated that the District needs someone to be involved with MCOG at their monthly meetings. She stated that MCOG had told her to provide a brief outline and they would walk the District through the process and would work for us. President Orth stated that he believed they worked for the Joint Powers Authority. General Manager Chapman pointed out that there are different types of grant programs, such as the one just submitted for Thimbleberry Trail, and that if the Board did wish to proceed, a draft resolution authorizing the District to apply had been prepared. He stated that he did not believe the Board should do so as the required funds could not be committed at this time, although in two years it might be different. Director Ziady commented that the financial considerations must come first. Director Horrick noted that the resolution authorized exploration of feasibility and he felt it could be adopted without committing to the application. Director Skezas stated that if funds are committed based on anticipated income, which then does not come in, the funds are lost. He believed that based on past history with the County Department of Transportation, he had hesitations about their overseeing our projects. He said he did not understand why we would have to wait five years to apply again. President Orth responded he felt the resolution was not appropriate, and he would prefer to have staff work with our County Supervisor to have a subcommittee formed with the County DOT to get Brooktrails projects into the annual County planning and budgets. He felt that a level of engineering and planning must occur before a project is even submitted to MCOG, and that an outline of wanting something is not a project under the MCOG process. He also doubted the wisdom of expending funds prior to having a grant. He preferred that the Board simply identify the public need, and put that process in motion. He clarified that the MCOG pedestrian funding cycle grows with each cycle. He thought that MCOG will be recommending funding for a second access road to the County, and that that second access is the number one MCOG project for the District, and the District should keep focused on that priority.

Director Skezas felt that a draft project could be put together fairly quickly but that the obstacles noted in the memo (financial encumbrance) could not be overcome. Director Pohlson urged that someone go down anyway and ask MCOG what it would cost. Director Ziady said the amount of funds being committed had to be known beforehand. President Orth stated that if Item 4 of the draft resolution were dropped, he felt that the draft resolution would allow the forming of the subcommittee he had suggested. He stated that Item 4 actually committed the funds. District Counsel Neary returned to the earlier question of transportation authority, which the District does not have, but stated that the District had recreational authority. He stated he felt the confusion was between recreational funds and transportation projects. Director Pohlson then described historic building restoration and trail connection as projects that should be applied for under MCOG. Director Skezas responded that one proposal before the Board was to get someone to prepare a short-term project within the next two or three weeks, and that if that was not going to work, the long-term project should be begun.

President Orth asked General Manager Chapman whether Item 4 of the draft resolution had to be in there in order for the application to be made. General Manager Chapman stated he was uncomfortable with the fund commitment issue, and that in order to investigate the grant application, the District does need the services of someone like Bob Axt. He stated that if Item 4 was struck, he was not clear what authority he would have, if any, to get the ball rolling. He reminded the Board that if funds were encumbered now, another grant opportunity the Board might want more might come along in the near future, such as the $88,000 FEMA fire grant. President Orth stated that another reason he hesitated to apply now was that very few first-time submissions are granted. Director Pohlson countered that she would like the Board to find out if it is too late. She stated you can always withdraw the projects because you don't have the money at that date, or can envision a project two years in the future if we might have the money at that point. President Orth responded that he would agree to a meeting with MCOG, but only if the County were also present, because they would have to sponsor the District. He sensed that there was no real working relationship with the County and that we needed to start developing one with them. Director Skezas felt the Board agreed with President Orth's long-term approach, but he saw that Director Pohlson was focused on the $2 million available, and he did not see how any other unincorporated area could be any further ahead. He asked Director Pohlson if she would be able to carry the ball and herself complete all that was required to apply for the bridge within the next two to three weeks, with no expense put out by the District, and see what happens. President Orth interjected to state that he felt that Items 1 to 3 of the resolution would allow for that to happen, without the District committing funds, but the problem was Item 4. Director Ziady noted that the costs for the projects, if done through MCOG, could be significantly over retail. She stated that Brooktrails had to find time to participate in MCOG and meet with our supervisor on a regular basis, because our level was becoming just as complex as the state and federal levels. She said she could forego the MCOG application this year, but if Director Pohlson wanted to pursue it, she could, and use it as a learning experience. Director Pohlson responded that if it were not pursued, that would delay all the District's plans for four or five years. Director Ziady felt there were other options that could be pursued. General Manager Chapman said it was a big question as to exactly when the District would have to commit funds. Director Skezas felt it was clear that the District did not want to commit any funds at this time. General Manager Chapman said we could put a letter out suggesting we would like to request $150,000 for a bridge, but we would be unwilling to encumber any funds for now, but possibly could take a second look in two years. Director Pohlson said she would like General Manager Chapman to talk with Phil Dow, as long as no funds would be encumbered, and ask him what would be needed and have the Board authorize that to be done. It was a consensus that a resolution would not be required for this. Director Skezas said the long-term approach should be developed. General Manager Chapman said he would talk to Phil Dow and have the Board President review a one-page letter to Mr. Dow.

Item 4, taken as Item 5 in sequence. Consideration of Draft Resolution Honoring Mike Aplet and Naming "Mike's Trail": General Manager Chapman spoke about Mike Aplet's work on the Brooktrails trail plan and trail development, and felt it appropriate to honor him by naming a trail after him due to his good work for the community. Director Ziady stated that Gloria Harden of the Wild Turkey Club had suggested this honor for him. Director Ziady felt that Mr. Aplet's work was not just service, but a true passion and love for restoring the trails. President Orth read draft Resolution 2004-29 in its entirety. Director Skezas moved to adopt the resolution; Director Ziady seconded. Mr. Bob Turner asked if the trail could be named the "Mike Aplet Trail," and Director Ziady responded that because of his personality, the Wild Turkey Club felt that he would prefer that the trail be named "Mike's Trail." President Orth then presented a framed copy of the resolution to Laura Aplet, Mike Aplet's wife. Mr. Aplet was working out of town and unable to attend. The presentation was greeted with applause.

6. Consideration of an agreement for architectural services from Axt & Mitchell for future planning and estimating services. General Manager Chapman stated that the more the District explores grants, the more we realize that we do need the services of someone with planning ability who can assist on a time basis in grant estimating and preparation. General Manager Chapman clarified for Director Ziady that Mr. Axt would be used for diagrams, blueprints, and consultancy. He said that he would return on October 12 after the Board had considered the matter. Director Skezas said he could not see in the agreement how it would be activated for a particular project, and asked for clarification on that matter at the next meeting. Laura Aplet cited an example of how when bridges were being researched, the committee recognized that you must have expert and agency assistance and certification, and that it had to be done. President Orth stated it appeared we needed to have a planner on staff, and this would accomplish that goal. The General Manager will bring this agenda item back at the next meeting.

J. ADDITIONS TO FUTURE AGENDAS
President Orth cited as a future item a meeting with MCOG and the County to discuss a working relationship for future projects when appropriate.

K. SPECIAL REPORTS
General Manager Chapman stated he was expecting a letter from David Borger, PE (Division of Dams & Dam Safety) confirming their conversation about a proposed rubber spillway, assuming that the water would be appropriated, and that we would have the ability to adjust the dam strike line possibly greater than 1,567 feet (the present elevation point), and that the rubber spillway could be put in place prior to April 1. He said he would return to the Board for authorization to hire a dam engineer to prepare an operational plan. He said that he had also contacted RCAC regarding financing for Wells #2 and #3. He advised that he had met with Ross Walker, the City Manager of Willits, regarding USDA financing for the Willits sewer project. Mr. Walker is expecting a letter from Greg Aanestad, a lending specialist for USDA Rural Development. General Manager Chapman stated he himself that, at one time, he had been advised that two different bonds might be required. However, he had since spoken with Steven Casaleggio, bond counsel for the Willits sewer project, and was advised that the City of Willits would have its own bond, and Mr. Casaleggio suggested an agreement be prepared between City of Willits and Brooktrails Township CSD. He stated that sewer standby charges were being debated as to being includable in the District's revenue stream General Manager Chapman said that the accounting issues were not discussed, and that those would be discussed with the City at a meeting attended by our counsel, Chris Neary. He stated he felt the meeting with Mr. Ross was positive.

General Manager Chapman stated that on September 27th, blueprints had been received from Oscar Larson & Associates for the clearwell project, which now had to be submitted to CA Department of Health Services for review. District Counsel Neary would have to review the bid contract documents also.

He then returned to the topic of the rubber spillway, stating that a CEQA document would have to be prepared by an outside vendor due to floodplain and other environmental issues. He said that each additional foot gained would be 9 additional days water supply for the community. The rubber dam is a temporary "quick fix" to impound water. The long-term project is the dredging and the raising of Lake Emily 15'. He stated an engineer has to determine the amount of pressure that will be exerted at the top of the dam when additional feet are added to the current strike line of the dam.

L. PUBLIC COMMENTS
None.


M. ADJOURNMENT
Director Skezas moved to adjourn and President Orth declared the meeting of September 28, 2004 closed at 8:22 p.m.


MICHAEL V. CHAPMAN
Secretary to the Board of Directors


CHARLES A. ORTH,
President
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