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MINUTES
BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
BROOKTRAILS COMMUNITY CENTER
24850 Birch Street, Willits, CA 95490
April 26, 2005 |
The Board of Directors of Brooktrails Township Community Services District met in regular session Tuesday, April 26, 2005 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 absent with leave. Also present were General Manager Chapman and District Counsel Neary.
REPORT ON CLOSED SESSION
District Counsel Neary reported that the directors considered a real estate matter regarding APN 098-114-03 and directed the General Manager to agree to the purchase price of $9,900.00.
C. ADDITIONS/ADJUSTMENTS TO THE AGENDA
None.
D. MINUTES OF PREVIOUS MEETINGS
1. April 9, 2005 – President Orth requested that the last sentence be corrected to state that Director Skezas had made the motion, and Director Horrick had seconded. Director Pohlson requested that on p. 3548 the General Manager provide an actual Willits sewer plant expansion cost figure; General Manager Chapman suggested $11.1 million net. Director Pohlson then requested that in the last paragraph on p. 3548, the second sentence read as follows: "She said also that the sewer tax assessment ordinance needed to be changed. . . ." Director Pohlson moved to accept the minutes with the above amendments; Director Horrick seconded and the motion carried unanimously.
2. April 12, 2005 – Director Pohlson moved to approve; Director Ziady seconded, and the motion carried unanimously.
E. SPECIAL PRESENTATION
None.
F. PUBLIC HEARING
2. Public hearing on water availability charge for Fiscal Year 2005-06. General Manager Chapman briefed the assembly, stating that after the public hearing a resolution would be proposed for adoption fixing the charge at $30.00 for undeveloped properties and $5.00 for developed properties for FY 2005-06; he stated this money was used for maintenance of about 60 miles of water lines. President Orth opened the public hearing at 7:05 p.m. and requested questions from the public. There being none, the public hearing was closed at 7:06 p.m.
3. Public hearing on proposed Ord. 129 repealing Ord. 125 and establishing sewer standby charge for Fiscal year 2005-06. General Manager Chapman briefed the assembly, stating that after the public hearing an ordinance would be proposed for adoption fixing the charge at $50.00 per parcel for FY 2005-06; he stated this money was used for maintenance of the sewer department, an example being this year's smoke-test of the system. President Orth opened the public hearing at 7:07 p.m. and requested questions from the public. There being none, the public hearing was closed at 7:08 p.m.
G. PUBLIC COMMENTS
President Orth stated that he wished to make a public comment himself, and said that the Brooktrails Board had never had a public hearing on the parking issue, and had never had a legal challenge on that issue either. Claudia Reed of the Willits News expressed confusion; President Orth suggested that she might retract that particular passage from her article. Ms. Reed said that she got the impression that a closed session had been held because she felt that every person on the Board suddenly had a completely different opinion, all at once, from the opinion they had had previously. President Orth stated that that might happen again, as the Board responds to information it receives.
H. CONSENT CALENDAR
4. Review of Accounts Payable Report and authorization to issue checks; Approval of issuance of newsletter postage check when amount is known. Director Horrick moved to authorize payment of checks. Director Pohlson seconded. The motion carried unanimously. Director Horrick moved to authorize payment of the USPS postage charge for the spring newsletter up to the amount of $2,000.00; Director Pohlson seconded and the motion carried unanimously.
I. ACTION AGENDA
5. Adoption of resolution establishing water availability charges for Fiscal Year 2005-06 and set public hearing for June 28, 2005. Director Horrick moved to waive further reading of the resolution setting a $30.00 water availability/capability charge for undeveloped lots and a $5.00 availability/capability charge for developed properties for Fiscal Year 2005-06 and to set the public hearing for protests for June 28, 2005. Director Ziady seconded. Roll-call vote was as follows:
AYES: Directors: Ziady, Horrick, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: Skezas
6. Adoption of Ord. 129 repealing Ord. 125 and establishing sewer standby charge for Fiscal Year 2005-06, and set public hearing for protests for June 28, 2005. Director Horrick moved to waive further reading of the ordinance setting a $50.00 sewer standby charge for each parcel for Fiscal Year 2005-06 and to set the public hearing for protests for June 28, 2005. Director Ziady seconded. It was clarified for the audience that these rates have been the same since 1996, and that if the rates were changed an election would be required. Roll-call vote was as follows:
AYES: Directors: Ziady, Horrick, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: Skezas
7. Consideration of CERT (Community Emergency Response Team) disaster review. General Manager Chapman stated the matter was first discussed on February 8, 2005 and was back for further review. One item of concern was that insurance for the team of CERT volunteers acting under the auspices of the fire department, depending on the particular duties assigned, could cost $480.00/year each. But if the role of CERT team members were defined differently than as outlined in the present outline, the cost would fall to the $40.00/year category.
Bob Terry mentioned that MESA had decided to support CERTs in lieu of NEST. The discussion then turned to a target budget for CERT for $1,000. Primarily the funds will be for publications, vests, helmets, masks, etc. He said typically CERT was within large fire departments; however, Brooktrails would have a stand-alone group under the auspices of the Fire Chief. The NEST program focused around specialized teams, while CERT focuses more on the individual volunteer.
Fire Chief Schoeppner came forward to say he felt an advantage would be that they could activate the CERT group locally rather than going through MESA, but that he saw it staying fairly close to the NEST program. He said they would not be expected to do search and rescue or recovery work or extinguish fires, etc. He advised that he would be talking about an equipped and supplied disaster management trailer that the Fire Department will be receiving at the next Board meeting, and that he would want the CERT program to analyze what else might be needed for the trailer. He said there were many logistical tasks they could perform.
Director Pohlson moved to accept the plan to activate a Community Emergency Response Team to be organized under the Brooktrails Township Fire Department; Director Ziady seconded.
John Lemmer said the volunteers were taking some CERT level training. He then reiterated that the CERT program volunteers should not do fire suppression, nor should they be trained in lifting and supporting things like falling walls. He said they would be taught triage, although they had not been trained in that yet, and a lower level of first aid than Red Cross first aid. He felt that the main difference was that we now do not have a direct connection to MESA. Mr. Lemmer addressed the issue of liability, and cited the State Disaster Service Worker law, which involves authorization by a disaster council, which was MESA in this county; he said anybody affiliated with the Red Cross is also a disaster service worker within the meaning of that law, and has coverage under the State Workers Compensation law.
Mr. Terry said there were four people willing to work on the Phase 1 committee. President Orth said the motion will authorize them to do that and work with the Fire Chief. Roll-call vote was as follows:
AYES: Directors: Ziady, Horrick, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: Skezas
8. Consideration of proposed increase in water/sewer monthly rates and changes in various fees, and schedule public hearings for June 24 and June 28, 2005. General Manager Chapman stated the proposal was to increase water monthly base rates by $1.00 to $28.10 and sewer monthly base rates by $1.00 to $29.43 and to schedule a hearing for June 28, 2005. He pointed out slight increases in golf course fees, a new $13.00 returned check fee, photocopy costs increasing from $.25 to $1.00, increasing lot merger fees to cover costs of the program, and approved rental fees for the Ohl Grove. President Orth commented that the Board had discussed in their budget meeting upcoming projects for both sewer and water and knew that there would be fairly substantial increases needed in future and also inflation had to be addressed.
Director Horrick moved to schedule two public hearings on June 14 and June 28, 2005 for these proposed rates, fees and charges. Director Pohlson seconded. Director Pohlson asked for more clarity on what it would cost to merge your lots without going through the District process. General Manager Chapman said the public was still being given a break by the District at a $175 rate. President Orth reminded the public that the program cost the District (and hence the ratepayers) more and more each year. General Manager Chapman commented the overall cost to date of $33,000 had been reduced by a couple of surplus lot sales ($12,000 - $13,000) by the District.
Bob Turner asked about Section 3 of the golf green fees where it said, "The annual adult green fee shall not apply for more than 18 holes of play on any weekend days or holidays . . ." and said that was a big change from how it is now and will drastically affect the men's and ladies' clubs and would damage Mr. Runberg's operation. Mr. Turner also asked about the photocopy charge and what this would apply to; Mr. Chapman gave as an example a plat map, but assured him it would not apply to the Board packet. Mr. Turner asked how this charge compared to Willits, Fort Bragg, and the County; Mr. Chapman said he did not have these figures with him, but he believed they (e.g., the County) were more expensive than the proposed rate. Roll-call vote was as follows:
AYES: Directors: Ziady, Horrick, Pohlson, Orth
NOES: Directors: None
ABSENT: Directors: Skezas
9. Consideration of a proposed Sedimentation Class 6/11/05 at Fire Department. General Manager Chapman and Director Ziady both commented on the need for TMDL awareness. Mr. Chapman said that several District employees, including him, would attend. President Orth commented that he would like to see the Board talking about a watershed management plan as the overall plan, with the greenbelt and forest plans springing from that. General Manager Chapman commented that the District would pay the attendance fees for the Board and Recreation Committee. President Orth said that the Mendocino Resource Conservation District should receive notice of the class. Director Pohlson discussed a state ballot initiative that will allow charging a fee for these types of issues because no one has the ability financially to correct the sedimentation issue; this ballot measure, she said, will allow you to charge per parcel for your sedimentation problems. General Manager Chapman said that at the recent water law seminar he attended, it was stated that the sedimentation solutions would be paid for through permits (e.g., dam fees).
Bob Turner commented that during construction, if there was heavy rain, homeowners did little to prevent soil movement into culverts, and hoped that would be discussed also. Discussion followed about actions taken on two or three such lots within the District in the past five years. President Orth urged that such examples be reported, because the District can take action in these cases. Director Pohlson moved to approve sponsorship of the sedimentation class by the District for June 11; Director Horrick seconded. The motion carried unanimously.
10. Consider holding of public meeting(s) regarding CFIP demonstration forest site and/or overall greenbelt plan. General Manager Chapman characterized the CFIP plan as a hub with many spokes and stated that from the comments pro and con he has been receiving, this is a contentious issue. He urged that another community meeting be held on the matter, with Brian Weller as facilitator. Director Ziady produced a chart outlining the multiple areas involved: recreation, erosion issues, restoration of greenbelt watershed, protection and access, fire (fire routes, firefighting, greenbelt/residential border), and the forest itself. She said there were different zones in terms of fire protection. Director Ziady said the committee was looking for greenbelt stewardship recommended guidelines with input from different agencies and the public, and eventually would come before the Board of Directors with these.
She stated that although they had the trees marked in the demonstration site, it was hard to visualize this site. She further added that while they once believed and stated at the public meetings they would not cut the demonstration site and would only mark it, they now wanted to cut the one-acre site so that the public could see the results. The committee was requesting a public meeting be held to see if the public approved this concept. Director Ziady said they wanted to have a second meeting to tally public response to various specific options – shaded fuel breaks, evacuation roads, Brooktrails abatement levels – set up for all zones. Director Pohlson and General Manager Chapman asked to be able to copy her charts.
General Manager Chapman commented on the cost to cut the demonstration site and stated that he felt, because the interdepartmental loan repayments were delayed, that $3,000 – $5,000 would not be an obstacle. The discussion turned to neighborhoods. President Orth said he believed the neighborhoods know which trees they want and don't want in terms of hazard. He said he has seen trees removed which he believed were the type that should have been maintained, as they are supposed to become the dominant trees of the forest. He related the fact that in the past the District had planted 5,000 redwood trees along the bank that goes along Willits Creek and none had survived. He said he saw applying normal abatement for 100 feet on either side of the sewer road a viable solution, without the need for major tree removal. Director Ziady said she envisioned that different neighborhoods will pick what they choose to do, and this was their right, even perhaps to do nothing behind their house, and she felt it should go to the public.
Don Morris requested a public walk-through of the site; he said he had been there and said he would like to challenge some of the markings and wanted more explanation. Director Ziady said that Roger Sternberg and Jerry Garvey had volunteered their time to do the marking, but would charge for time involved in a walk-through. Mr. Morris said the CDF standard being proposed would have 5' openings in the canopy and that basically you would be turning a forest into parkland, with grassy lawns and separated large trees. President Orth commented again that he had urged the current location for the demonstration site for the sewer road because CDF will use that sewer road to bring in equipment in the event of an evacuation. President Orth suggested he agreed with 80% of what he saw marked. Director Ziady said the committee would like to present just this one concept, to cut that one acre or not. Wallace Stahle added, "and do we cut it to what standard?" General Manager Chapman suggested the question be further elaborated upon at a public meeting in June with Brian Weller as the facilitator. Furthermore, Mr. Chapman suggested that if the cut were done and monitored, at least the District and the public would be able to evaluate any erosion resulting from it over the coming year.
Wallace Stahle then read a statement for the record: "The greenbelt and our watershed is our greatest asset and our greatest liability; we cannot afford to let it get cut down in the name of fire prevention, nor can we let it burn so hot that the authorities will require us to log it anyway, from all the dead trees. The question is not do we cut or not cut, but where, how much and how big. We want to stay alert because there are always folks who are happy to pay for big logs. We have numerous assets that require attention: water, sewer, fire, and even have employees to maintain these assets."
Mr. Stahle asked whether a 2,500-acre greenbelt could justify a part-time employee or two to do what CDF used to do. Continuing his statement, he said: "This is the core of this development and of this whole watershed, and it adds so much value, aesthetically, spiritually, financially. One question is we need to cut something, and small fuels shouldn't have to wait while we decide on 12", 18" or 24" trees."
President Orth said he believed we should set the public meeting for input, and then he would like to see the committee come back with the neighborhood material, getting it down to the point where people are identifying what it will do for them and their neighborhood. Director Ziady said there was a lot of work to do before we can get there and they are considering forming an ad hoc committee to meet more often. President Orth said he could see some crossover between the Specific Plan Committee and the Conservation Committee in identifying the neighborhoods and perhaps the subcommittee could have members from both committees. Director Ziady said the Recreation Committee mission was just to give some guidelines, but how each neighborhood would do it is not the committee's jurisdiction. She anticipated another public meeting in the fall or winter.
President Orth cautioned it was important to time the cut so as not to create a hazard in fire season or leave slash. Mr. Stahle brought up the question of being able to use the CDF chipper, and prolonged discussion followed about that issue. It was not clear whether the District could use the chipper on its own and whose staff, with what training and what insurance, could operate it. Mr. Stahle said the Fire Safe Council was recently excluded from any activities in this District by the Board. He said nothing in the recent grant award was being done in Brooktrails proper but only in Spring Creek and Sylvandale. Mr. Stahle said in attending the Fire Safe Council meetings over the past year, they seemed to be working more with private property holders for the purpose of fire and also possibly to liquidate timber for local larger landholders under the emergency fire cutting rules. He characterized the District as owners and operators of such a large forest, and urged that the District hire or contract with someone to cut, not greenbelt, but small diameter trees very appropriate for chippers and home firewood. He stated that the money that was spent on the CFIP plan could have bought some abatement.
Don Morris said that Bill Baxter had argued at a meeting that the shaded fuel break was not so much for CDF to take a stand, but to reduce the intensity of a crown fire, and had said the most important part was up on the ridge. President Orth summarized that the Board is asking staff to come back with the timing of a public process on this issue.
11. Consideration of Hanson Engineering prospectus on rubber spillway at Lake Emily. General Manager Chapman informed the Board of his initial contact with Hanson Engineering, a firm of specialized engineers qualified to perform the preliminary engineering studies required for the evaluation of the rubber spillway project. He requested Board approval to hire Mr. Hanson to begin work in May to calculate the raising of the high water mark on the reservoir as an initial first step to evaluating the feasibility of the project. The Hanson firm does not do the environmental work but could provide referrals. There would be potential floodplain issues; Fish & Game issues around marshlands as well. The purpose of the spillway was twofold: (1) raise the water level for storage; and (2) allow more flexibility for required releases. He would expect to have the preliminary studies finished by October. Director Horrick moved to authorize the General Manager to begin Phase 1 of the project, that being hiring the Hanson firm to complete the initial engineering studies required up to a maximum cost of $4,000. Director Pohlson seconded. Don Morris then asked about the temporary nature of the spillway, which seemed to him much like our current system. President Orth clarified it was actually attached to the dam and could be uninstalled later, if and when the dam is raised 15', and then reattached again. Questions from the audience centered on how long the spillway would last, given that the rubber would be on the sunny side, and General Manager Chapman stated he understood the rubber was similar to that in a heavy tractor tire treated for sun conditions. 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
Directors: Director Pohlson said that the Specific Plan Advisory Committee had not been provided District Counsel Neary's opinion on the parking/fire lane issue. She stated a letter had been sent by the committee to the General Manager requesting information from the Fire Chief. General Manager Chapman said he expected that the Fire Chief would appear at the next meeting and be discussing that along with other matters. Bob Terry said from the audience that the Specific Plan Committee was waiting for District Counsel's response to the list of seven questions.
District Counsel: None.
General Manager Chapman: Mr. Chapman said that Susan Cinek, Secretary at the Fire Department, had given her notice to quit and that the job would be advertised weekly in the Willits News for the next month. He urged the directors to read the attachment to his report about the basics of California water law. He also pointed out that Howard Hospital would be holding a fundraising event on August 20, 2005 at the Golf Course and in the District parking lot. Director Ziady commented that the event would be well attended with lots of cars parking, and therefore the Ohl Grove should not be rented out that weekend.
L. PUBLIC COMMENTS
None.
M. ADJOURNMENT
Director Pohlson moved to adjourn and President Orth declared the meeting of April 26, 2005 closed at 8:53 p.m.
CHARLES A. ORTH
President Orth
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
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