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MINUTES
BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT
BOARD OF DIRECTORS
BROOKTRAILS COMMUNITY CENTER
24850 Birch Street, Willits, CA 95490
Tuesday, December 13, 2005 |
The Board of Directors of Brooktrails Township Community Services District met in regular session December 13, 2005 at 7:00 p.m. at the Brooktrails Community Center.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Roll call showed the following Directors present: Williams, Ziady, Horrick, Skezas and Orth. Also present were General Manager Chapman and District Counsel Neary.
REPORT ON CLOSED SESSION
None.
C. BOARD REORGANIZATION
Director Horrick nominated Director Skezas for President. [No second required.] The motion carried unanimously, and President Skezas took the President's chair. Director Orth then nominated Director Horrick for Vice-President. Roll-call vote was as follows:
AYES: Directors: Williams, Ziady, Orth, Skezas
ABSTAIN: Directors: Horrick
NOES: Directors: None
ABSENT: Directors: None
D. COMMITTEE APPOINTMENTS
The directors indicated their wishes as follows: CalTrans Willits Bypass Team – Director Orth; WELL Project (replacing One-Town One-Vision Committee) – Director Horrick; Recreation, Greenbelt & Conservation Committee – Delegate: Director Ziady; Alternate: Director Horrick; Finance Committee – Director Horrick and President Skezas; Specific Plan Advisory Committee – Delegate: Director Orth; Alternate – Director Williams. Director Horrick moved to add the WELL Project to the committee list; Director Ziady seconded, and the motion carried unanimously. Director Orth pointed out that the LAFCO appointment is an elected one, not delegated by the Board, and that the Solid Waste Task Force had been omitted from the list, but could be addressed at another time.
E. ADDITIONS/ADJUSTMENTS TO THE AGENDA
None.
F. MINUTES OF PREVIOUS MEETINGS
1. November 8, 2005 – Director Orth requested a change on p. 3620, the third full paragraph. He noted Director Pohlson's quote that CDF had authorized clearing to 1,000 feet and this was incorrect and he would like to see it corrected to 300 feet for accuracy. On the second-to-last paragraph on that page, sentence beginning "President Orth responded," it should read: "President Orth responded that he had observed that Willits Creek has less sedimentation. . . ." President Skezas noted that an addition could be made to the minutes to indicate the correct clearance extent of 300 feet. Director Orth moved to approve the minutes with the above changes; Director Ziady seconded and the motion carried.
G. SPECIAL PRESENTATION
None.
H. PUBLIC HEARING
None.
I. PUBLIC COMMENTS
Mr. Chang, a vacant lot owner, asked what plans he might make for his lot given the moratorium situation and whether he could get a hookup this year. General Manager Chapman responded they would take his comments into consideration, and the current status of the moratorium would be reviewed in February, along with the annual water report. He further noted Mr. Chang is #7 on the current waiting list of approximately 20 applicants.
J. CONSENT CALENDAR
2. Review of Accounts Payable Report and authorization to issue checks. Director Orth moved to approve payment of the accounts; Director Horrick seconded and the motion carried unanimously.
3. (a) Review and retroactive approval of preauthorized second November check run. Director Orth moved to retroactively approve payment of the accounts issued on November 23, 2005, and to approve payment of the Clearwell Project accounts for the period ending November 20, 2005 [see Item 3(b) below]. Director Williams inquired about the "volunteer remuneration for Robert Nolan" item. General Manager Chapman said he was a volunteer firefighter and there was a formula for reimbursement at year end for training sessions and fires they attend, etc. He said the total for all firefighters is usually around $5,000.00 and most had been covered in the previous check run. Director Horrick seconded the motion on the floor. The motion carried unanimously.
(b) Retroactive approval of Clearwell Project checks for P/E 11/20/05 (if issued prior to this meeting (already preauthorized). General Manager Chapman said the money was actually being distributed the following day. [This item was approved by the motion under 3(a) above.]
4. Advance authorization for second check run in December. Director Orth moved to authorize a second check run; Director Ziady seconded and the motion carried unanimously.
5. Advance authorization to pay Clearwell Project accounts payable report when received (approximately 12/20/05). Director Orth moved to authorize this payment, to be reviewed and approved at the January 10th meeting; Director Ziady seconded and the motion carried unanimously.
K. ACTION AGENDA
6. Adoption of Resolution honoring Ginger Pohlson for her service to the community. Since Mrs. Pohlson was delayed due to another meeting, the next agenda item was addressed first.
7. BPOA lease renewal (second discussion). General Manager Chapman advised that staff had addressed certain questions raised at the October 11, 2005 meeting. The lease had been extended until December 31 (and could be further extended if necessary). Mr. Chapman noted the three-year term of this contract (as opposed to previous five-year terms), which anticipated possibly having the District take over all operating / capital costs of the Community Center in 2008.
District Counsel Neary had reviewed the draft lease and updated the insurance section reflecting current policy limits and terminology. President Skezas said that the property insurance covered more than just fire and wondered if 3.8(c) should therefore be deleted. District Counsel Neary responded he had reviewed BPOA's current insurance and it that it complied with that entire paragraph, and he said if anything were to be deleted, he would take out (a) rather than (c) as (c) was more specific. President Skezas concurred with Counsel Neary's interpretation of their current insurance, but said that BPOA had never listed the District as an additional insured and it will cost another $100 to do so. District Counsel Neary advised he believed the Insurance Code prohibited such an additional cost. President Skezas said he would check again, and felt they might be referring only to the liquor portion. Counsel Neary said listing the District as an additional insured has always been in the lease, and the District should be so listed, and should receive any notices issuing on the policies. President Skezas agreed. Director Williams then questioned why the District required BPOA to have a policy that insured its own property. Mr. Chapman then distinguished between personal property owned by BPOA and by the District.
Director Orth moved to approve the lease; President Skezas seconded. The motion carried.
8. SB 135 – Release of District Council opinion; discussion and approval of response
to LAFCO. Director Orth moved to release the opinion; Director Horrick seconded. The motion carried unanimously. General Manager Chapman characterized the subject as being very large, and thanked Lily Phoenix (Administrative Assistant) and District Counsel Neary for their hard work. He said that District Counsel's list of powers at page 3 in the opinion should be attached in its entirety to the District's response to LAFCO. He noted the Specific Plan as a “use of the planning power” as an example to be included in our response. He commented that problems had been found with claiming flood control powers; Director Orth said he had no problem omitting this power. On Transportation Services, he said the Specific Plan assigned the District the task of monitoring and participating on the second access road. He said he supported all the other powers listed.
District Counsel Neary observed that when he wrote his opinion, his code books did not
have the new language in them, and in preparing for tonight's meeting he noted subparagraph
(ac) under SB 135 (p. 33), relating the powers of a planning commission under 65101. He said that because 65101 didn't exist before, he thought that we were the only district in the state that has
exercised the powers of a planning commission. He suggested including a paragraph in our response letter saying that between certain dates the District did finance the operation of an area planning commission. Director Orth commented that the new water and sewer powers allowed us to operate to the level of a municipality, and further added that there were unincorporated areas who, if they wished to incorporate, would need that planning authority to begin that process without going through a Board of Supervisors process to get it. District Counsel said that was a significant development; Director Orth said we should keep it, and said in a Prop. 218 election scenario we might have to pick up some sort of planning mechanism to ensure full compliance with an EIR under the Prop. 218.
General Manager Chapman said the letter would be sent to LAFCO by December 15, 2005. Director Orth moved to approve the list in the report along with the additions from the meeting and authorized the General Manager to prepare and submit the District's response, with the provision that we would add the planning power language suggested by Counsel Neary. Director Horrick seconded.
Bob Terry asked if it was desirable to have as many things as possible added to the list as having been done. District Counsel Neary said that the notion is that if you have a power that you have or arguably have exercised in the past and don't include it, and if the District decided to exercise that power later, it may require going through LAFCO's formal process and perhaps even an election. The flip side of the coin was that if you listed a power with LAFCO and then sought to abandon it, you would have to go to LAFCO to do so. He noted the whole structure was predicated on Southern California, where districts are contiguous and competing with each other to exercise powers, or where there was a shortage of entities to exercise powers. Mr. Neary said we need to identify all of the powers we have exercised in the past and want to exercise in the future. Mr. Terry noted power (h), mosquito abatement and vector control of vector borne diseases, and wondered if our past actions to protect Lake Emily as a water source would justify adding this to our list. District Counsel Neary said that you have to not only look at the list of powers, but also at the powers that were authorized when the District was formed in 1976. The list of powers then was a lot shorter, and this has been newly added; we certainly have not exercised the powers of a mosquito control district.
Director Ziady asked what the motivation was in passing SB 135. District Counsel responded that it was because of the territorial arguments in Southern California, where districts actually overlap and have multiple powers. Director Orth said the Little Hoover Commission at one time was going to get rid of special districts as too cumbersome, but part of what was driving this law was consolidation of districts into one. An example would be combining all the very small water districts around Ukiah. This would also facilitate a district's becoming a city in the future. He also noted that no power can be adopted that a district cannot support financially. District Counsel Neary also pointed out that some districts, like Brooktrails, exercise multiple powers while others may exercise only one, and it would probably be more economical to have a central administration. SB 135 thus increases the type and scope of services that community services can provide so that LAFCO can begin a consolidation process.
Ginger Pohlson noted power (y), pests. She said that since the District is required to have a licensed pest control advisor on staff and has eradicated pests, she felt the District should try to claim this power, since we do have to treat our lakes for algae growth. District Counsel Neary said that we don't do this under the Health & Safety Code as provided in that power, but instead as an ancillary to water and sometimes recreation. Director Ziady said she didn't think we really functioned as a public health agency performing vector control, etc. District Counsel hypothesized that if we included this and LAFCO accepted it, and if the County of Mendocino determined that some countywide program would be needed to address a problem, we would be excepted from that program because of holding the power ourselves. He said when you think of these powers you need to think of who else exercises them. Director Orth noted that the County also has a doctor on staff who exercises this power for the County, and we don't have medical staff. Mr. Chapman noted there was some confusion evident about references to power (h) — which discuss vector control—and power (y), pest control, which does not reference vectors. Director Ziady commented that for something like a pine bark beetle infestation, we would be solely liable for dealing with it. Director Williams noted that these powers are double-edged swords, with powers allocated to us and responsibilities imposed on us. He noted the Health & Safety Code citation in the pest control power (y) and said he doubted we were organized under that code section. Director Ziady noted that any such program would also have to be approved by CDF. Director Orth also noted that the test is whether we have raised and budgeted funds to perform a particular power. President Skezas referred to the motion and second on the floor, and the motion carried unanimously.
6. Adoption of Resolution honoring Ginger Pohlson for her service to the community. Ms. Pohlson having arrived, General Manager Chapman thanked her for her contribution to the Board, and noted that it was her idea as to timing that enabled passage of the fire tax measure after previous attempts had failed. He also noted her input on various ordinances. The board members gave personal comments of appreciation. Ms. Pohlson took the podium to thank the Board and expressed her respect for each director. She said the fire tax was passed for a comprehensive fire prevention program, not for the infrastructure or support of the fire department. She said this needed to be pursued and included funds for maintenance of lots within the District. She further commented that the vision of the community should always drive the District, and specified that the Greenbelt Stewardship Plan should be being regularly discussed by the Board. Director Orth moved to approve Resolution 2005-24 honoring Ginger Pohlson; Director Ziady seconded. Roll-call vote was as follows:
AYES: Directors: Williams, Ziady, Orth, Horrick, Skezas
NOES: Directors: None
ABSENT: Directors: None
President Skezas read the resolution aloud and said Ms. Pohlson would receive the formal version after signing. The board then gave Ms. Pohlson a standing ovation.
9. Annual sewer report. General Manager Chapman displayed transparencies of the report, which was delayed this year due to the delay in receiving numbers from the City of Willits. The current report was based on figures from FY 2002-03. He noted that the "operations" figures were the line item that was in contention last year, where our operational percentage had originally started at 62%, and has since been reduced to 23.62%, our historical percentage rate; capital costs were the 37.69% figure. The estimated total cost for FY 2004-05 operations was $155,000.00. He stressed it was important to understand District Counsel Neary's statement that the District does not own a percentage of the sewer plant, but merely has a contractual right to discharge a percentage of the plant's capacity. Willits actually owns the assets.
Under the Operating Budget was a breakdown of Willits' expenses for FY 2002-03, 2003-04 and 2004-05. Capital improvements last year were only $49,000.00; any time they replace capital plant or equipment, we have to pay 37.69%. In 2005-06, Willits will be putting in a clarifier and we will have to pay about $45,000.00 of that purchase.
Director Orth commented that the City and Brooktrails relationship is better now than the previous sixteen years he has been involved with the District. He moved to accept and file the annual sewer report. District Counsel Neary agreed with Director Orth's comment, and noted that the audit report was prepared by the same auditors of the year previous, and apparently this is their last year. He felt the disclaimer in the audit rendered it "less than valuable" to the District. He felt that we never really resolved the all of the issues that came up in 2004, and the District might consider accepting the report while specifying that that issue remains unresolved. Director Orth amended his motion accordingly.
Director Ziady mentioned that if the plant were replaced in future we will be obligated to pay a share of that, and she would like to see that included in future reports. General Manager Chapman said of the net $11.1 million City of Willits sewer project (projected today), we would be responsible for a shared portion of about $4.5 million. He said City Manager Ross Walker will address our Board of Directors February 28, 2006. District Counsel Neary added, responding to Director Ziady's comment, that we received information from Mr. Walker that they are running into some significant problems with regulatory agencies on the sewer plant project, which may go back to the drawing board. The Willits City Council would hear a report from Mr. Walker December 15, 2005 on this topic, and he suggested that the directors watch this on cable or attend. He said he would prepare a report for the Board on the proceedings. He said the plant design didn't have built into it the capacity that Brooktrails might require in the future, whereas if we are more involved in the planning process when (and if) they go back to the drawing board, we might have more effect on that aspect. Director Orth said we have the right to increase that plant's capacity as Brooktrails grows, but at our own expense. Director Williams asked for confirmation that our current flow is 23.62% and received this. Then he posed a comment to the General Manager about the sewer system topping out at about 2,200 homes (SFRs). Mr. Chapman confirmed this based on the size of our lines between the District and the City. Director Williams asked about how our flow share is calculated, whether by the City or us. General Manager Chapman explained that we called in an independent calibration engineer from Oregon, Dale Fraser, in 2004 to verify the flow. Then there was some discussion about the accuracy of the flow meter at the sewer plant, and that is scheduled to be replaced when the new plant is constructed.
Director Williams commented we are along for a 37% ride for whatever plant they decide to build, and wondered if we could have more of a leadership role. District Counsel Neary responded that there has been a non-collaborative period in our relationship and this plant was designed during that time, and our input was not solicited. Director Williams felt there should be a conversation at management level and that we should be included in the decision-making process for the new plant, particularly since we would want more capacity. He referred to the next task for Brooktrails, after resolution of the water moratorium, as being sewage capacity.
Counsel Neary said we are in fact being drawn in at this point, where the whole non-mechanical ponding design may not be acceptable to the regional water board. He specified the plan was to upgrade the plant and not to add capacity, but if we'd been involved earlier we might have been able to give input on the regional need for capacity. This development may thus be positive. Director Williams mentioned a new biological technology for sewage treatment which he understands Sonoma County has now accepted for septic systems, and some companies are doing this on a large-scale sewage plant level. This included ponding systems. Counsel Neary said when this subdivision was proposed in the 1960s, a local inventor designed a biodigestion system through redwood bark which was originally proposed for a Brooktrails sewer plant; a test system was installed. However, it did not work on a large scale and the developer had to go to the City of Willits. At that time the City's sewer treatment plant was a big pond, and for $100,000 we obtained a big percentage of the ability to dump into that pond. In 1972, the Clean Water Act tightened standards and the City had to build a new sewer plant in 1976, and there was some question whether Brooktrails should be allowed to participate; this caused bad feelings which reverberated over time.
Claudia Reed of the Willits News commented that the City has not given up on the pond design, as there was a similar project in Eureka. They had to appeal to the State Water Board when rejected by the regional board. Also, Congressman Thompson has offered to help out in some way. She felt the plant design was not as dead as it may appear. Director Ziady commented that the people involved in the WELL project felt strongly that the pond should be done. Director Williams said that if there's going to be a need to expand that plant when our moratorium is lifted, the sooner we get that going, the cheaper it will be. He said every construction project that gets delayed goes up in price geometrically.
Bob Terry asked how much rainwater was now going down the sewers; General Manager Chapman responded he could get that figure, although we have reason to feel we have made some significant improvements on inflow and infiltration. He cited a recently discovered problem — a koi pond directly connected to the sewer system, probably for many years, involving millions of gallons going to the plant over that time. He described that after a recent $15,000 fix in the Peacock Road area caused by the Maacama fault line, they still saw some excessive flow. They sent cameras back up the line and were able to locate the source as the koi pond, and he cited the sheer diligence of our sewer crews making the difference. He further commented that Roy O’Connor, a regional RWQCB overseer (Santa Rosa) once said that our problem was primarily inflow (surface manholes), while the City of Willits' problem was primarily from infiltration (below surface due to water tables). Mr. Chapman said we have made a major improvement on inflow by sealing 1000 + manholes. Right now our crew are identifying and sealing cracked manholes.
Director Orth commented he had not received a second on his motion; Director Williams seconded. The motion to accept and file the report, with the notation of the outstanding operations cost issue, passed unanimously.
10. Water well #4 – direction/dowsing proposal. General Manager Chapman responded to questions raised at the previous discussion regarding this matter. We were unable to obtain yield data from the County as they do not release it. We were also unable to locate a book which is alleged to have yields and data on wells located within the Willits Valley. We have obtained a proposal from dowser Doug Brown to choose five possible sites for a fee of $1,000.00. Mr. Chapman noted that these new sites would entail an amendment to the CEQA document for the wells project. Director Orth moved to approve a five-site dowsing report from Mr. Brown not to exceed $1,000.00, and to authorize staff to begin a CEQA review of the new sites. Director Horrick seconded. Director Orth discussed his reluctance to proceed with well drilling, given the complete geology report that had been done, and his knowledge of how many wells in this area failed. He said he was willing to proceed with the dowsing and see if that plays out, but he did not want to carry this project out ad infinitum. Director Ziady said she agreed with Director Orth and did not want to drill dry holes forever. Director Horrick said the well producing 5 g.p.m was 2,500,000 gallons per year, and it is right next to the water plant. The motion carried unanimously. Director Williams suggested contacting people who were listed on the wells permit list and asking them if they would consider revealing what their flow rate is.
11. Reappointment of Bob Houtz to BARC. Director Orth moved the reappointment of Bob Houtz to BARC from January 1, 2006 to December 31, 2009, and thanked Mr. Houtz for participating on this committee. Director Horrick seconded and the motion carried unanimously. Director Williams noted that BARC requires five members, but there are only two. He asked if this means this committee actually cannot function. General Manager Chapman said the issue of committee membership will be before the Board in January, and the District has had a lot of problems trying to fill committee memberships over the years. District Counsel Neary said it was necessary to find a way to get a quorum. Director Williams said he would find someone to join it. General Manager Chapman noted that some of BARC's members left to join the Specific Plan Advisory Committee.
12. Consideration of Campana memorial bench donation. General Manager Chapman said that this was an offer to donate another high quality steel enameled bench, and he invited the public to look at the one already installed on the Par Course. Director Orth moved to accept the donation of a memorial bench from Julia Campana; Director Horrick seconded and the motion carried unanimously. The Directors thanked the donor for this new bench.
L. ADDITIONS TO FUTURE AGENDAS.
Director Williams referred to Ms. Pohlson's comment about the Greenbelt Stewardship Plan and suggested adding a 20-minute review of it to the next meeting's agenda. General Manager Chapman noted that it might be necessary to do a CEQA review of the entire Plan, based on comments from Counsel. Director Ziady said she would not be able to attend the January 10, 2006 Board meeting. Director Williams said the Board might be able to discuss it even though Director Ziady could not be present. General Manager Chapman said the second meeting in January might be more appropriate.
M. SPECIAL REPORTS
Directors: Director Orth noted that there had been a very successful salmon run/spawn in Willits Creek but there had been some reported poaching. He wished to remind the public that this is a federal offense as this is an endangered species. He commented that we have gone to great length and expense trying to bring back the fish, only to have them poached, and said we must educate younger people how critical each fish is. He also noted that after their long journey, the fish don't taste good, either.
District Counsel: Counsel Neary reminded the Board of the important Willits City Council meeting the next night.
General Manager Chapman: Mr. Chapman said he would be visiting a rubber spillway under construction near Lodi, CA. He noted the budget report attachments to his report and thanked / credited Joanne Cavallari for preparing these informative documents. He noted this type of report was most descriptive in showing fund balances. He also mentioned starting the new FY 2006-07 budget process.
N. PUBLIC COMMENTS
An audience member commented that it had been a good meeting.
O. ADJOURNMENT
Director Orth moved to adjourn and President Skezas declared the meeting of
December 13, 2005 closed at 8:50 p.m.
GEORGE C. SKEZAS
President
MICHAEL V. CHAPMAN
Secretary to the Board of Directors
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