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MINUTES


BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT

BOARD OF DIRECTORS

BROOKTRAILS COMMUNITY CENTER

24850 Birch Street, Willits, CA 95490

July 12, 2005

The Board of Directors of Brooktrails Township Community Services District met in regular session July 12, 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, Skezas and Orth. Also present were General Manager Chapman and District Counsel Neary.

REPORT ON CLOSED SESSION
None.

C. ADDITIONS/ADJUSTMENTS TO THE AGENDA
None.

D. MINUTES OF PREVIOUS MEETINGS
1. June 28, 2005 President Orth asked that Richard Estabrook's report be attached to the minutes. Director Skezas moved to approve the minutes with this attachment; Director Horrick seconded and the motion carried.

E. SPECIAL PRESENTATION
None.

F. PUBLIC HEARING
None.

G. PUBLIC COMMENTS
Robert Terry said the first CERT meeting was held July 11, 2005 and officers were appointed by the Fire Department Chief. The group toured the new mass casualty incident trailer. He described near-future tasks the group will undertake. Also, he complimented the Board for the recent Birch Street interchange improvement. President Orth commented that a design for that turn lane had been inserted into the Specific Plan, and that this had been a 20-year process.

Jim West took the podium and said he was not sure if what he had to say pertained to Item 6 on the agenda or not. President Orth suggested he wait to comment until that item was discussed.

H. CONSENT CALENDAR
2. Review of Accounts Payable Report and authorization to issue checks. General Manager Chapman said the District would be ordering the bypass measuring device (Lake Emily) for around $5,000, but was still trying to pin that number down. Director Skezas moved to approve payment of the checks; Director Pohlson seconded. Director Horrick received clarification about the amount for insurance.

3. Copies of the final budget were noted as received. President Orth commented that copies were available at the District Office for anyone who wished to review it.
I. ACTION AGENDA
4. Consideration of Herbicide Use in District. Tony Linegar, Assistant Agricultural Commissioner from the Mendocino County Agriculture Department, was present to answer questions and provide brochures on pesticides. Director Ziady said the Recreation, Greenbelt and Conservation Committee had received reports of pesticide abuse, including in greenbelt abatement areas, and expressed the committee's concern for the effect this would have on our watershed. She commented that the District office had researched the issue in preparation for the meeting and presented alternatives with which the committee was pleased, and the committee wanted staff and the Board to look more closely at this issue. President Orth said he would like to see this looked at in committee, and to see the issue included in the next annual newsletter.

Tony Linegar took the podium and advised he had recently discussed some of these issues with District staff, and he agreed that probably the best way to go was public education, specifically on providing alternatives to pesticide use. He said a lot of government entities have tried to promulgate their own ordinances to regulate pesticide use, but you simply cannot do this as state laws preempt this. (Sec. 11501.1.) He then provided a copy of a letter sent by the state to an entity which had passed their own ordinance, ordering them to repeal it. The County Agriculture Department regulates all pesticide use, from Terminix to vineyards. Doctors must report pesticide-caused illness to the State Health Department, and it is then routed to the local Agriculture Department to investigate. They receive a lot of homeowner situations; there may well be damage or illness involved, but there are a lot of ideological differences in the County and some reports involve this. Their department is available is there is an allegation of misuse of pesticide, as by somebody causing drift onto a neighboring property, killing vegetation or causing pets or people to become sick, and they want to be made aware of such incidents. The person alleged to have committed the offense has a right to due process and a hearing and the process is governed by administrative law; the department must prove the charges by a preponderance of the evidence (51%). The department overlaps with OSHA in some workplace situations. The department is designed to handle commercial agriculture but will handle homeowner-level cases.

Mr. Linegar recommended using a combination of techniques to control pests rather than just herbicides, and referred to the brochures for more details. He said the District could establish its own "best management" policies for its own property and he would recommend that. He cautioned that a lot of materials are called "organic," but just because they are naturally occurring doesn't mean they can't be dangerous. He cited gopher dust, which can irritate your breathing and eyes when it drifts. He commented that vinegar can burn down the top of the plant pretty well, but the roots won't be killed, and it is very toxic and corrosive to work with, dangerous to eyes and skin. The type used is industrial strength vinegar, not household strength. Also, he commented, the pH is 1 and this will affect the soil. General Manager Chapman asked what he thought about using vinegar around fire hydrants and water meters. Mr. Linegar said it will work with repeated applications, but the plants will grow back from the roots. As to these substances getting into groundwater and the watershed, he said the legal requirements on the label are designed to prevent this, and if these directions are followed exactly, they are relatively safe. He said he didn't think he would use a lot of vinegar in his own garden, due to the pH. As to Roundup, he said he thought it was one of the most benign herbicides, although there has been recent information that it can be hard on aquatic life. However, he said, there are aquatic versions of Roundup, including Rodeo, that can be legally sprayed right on water (for cattails). He said he felt Roundup could be overused. One thing about its chemistry was its very strong affinity to soil; it strongly binds to soil particles, so it doesn't leach out and show up in wells. Pre-emergent herbicides, however, stay active in the top layer of soil and don't bind to soil, and these can show up in wells. Most of these are used only in agriculture, under permit.

Jim West asked if the aquatic herbicide can be used on reservoirs; Mr. Linegar said he thought the label prohibited application to potable water, but he would have to check. It's not supposed to kill aquatic life, although you might not know for sure until 20 years later. It has been cleared through the FDA. Clear Lake is constantly using a long list of aquatic herbicides to control hydrilla.

In response to a query from Claudia Reed of the Willits News, he said that if he were using something consistently, he would rather work with Roundup rather than with vinegar, for safety and efficacy. General Manager Chapman asked if he could suggest a third product, because the perception of Roundup was negative. Directors Pohlson and Skezas countered that it was not perceived that way by some people at the table. President Orth asked about corn gluten meal; Mr. Linegar said that in his opinion it is ineffective. President Orth said he had found a citrus spray that really worked on ants. Mr. Linegar said there are good home remedies, but they may be more toxic than pesticides; for ants he always recommends boric acid. Director Pohlson said she was a qualified pesticide applicator until 2000 and her husband works for the District and used integrated pest management on the golf course for 20 years. She said this District has always used integrated pest management, and gave some examples of non-pesticide management. She said we have a policy of not spraying within 50 feet of any creek. She said she wasn't against pesticide use if you used it carefully. She said the District, as a public agency with a golf course, is required to have a PCA (pest control advisor) on staff. She said the District recognizes its responsibility to its very sensitive area, and could ask Doug Pohlson for his advice.

Director Ziady said she agreed with Director Pohlson about education and guidelines. Director Pohlson then mentioned she would not be able to go to the Specific Plan Committee meeting July 21; President Orth agreed to substitute for her.

Wallace Stahle then asked about the specific inert ingredients of Rodeo. Mr. Linegar said the companies don't have to disclose their inert ingredients, which can be a significant amount of the volume. However, before a material can be registered as organic, the inert materials must be revealed. The OMNI seal on a label shows it is approved for organic use. The Agriculture Department is also available to identify pest problems; photos can be e-mailed and identified on the internet; recommendations are made as to appropriate pesticides. Discussion followed about animal pest management. The directors agreed that the matter should be sent to the Specific Plan Committee.

Mr. Linegar said probably the most dangerous pesticide use that can occur in this area is tenting homes for fumigation, and this might be appropriate to include in the newsletter. The Board thanked Mr. Linegar for coming to the meeting.

5. Discussion of DHS notice regarding violation of chlorination byproduct standards (trihalomethanes). General Manager Chapman said DHS had issued a violation notice regarding trihalomethanes July 5, 2005 and he wanted to explain the situation to the public. He then displayed a schematic of the major components of the water plant site. The District has to disinfect its water with chlorine. The water plant was built in the late '60s; its design requires chlorine to be injected into the clarifier (tank with paddles). He then explained that modern-day systems inject chlorine after the charcoal filtering process. The TTHMs standard was lowered in 2004 from 0.10 mg/L to 0.08 mg/L, and the District is now having a problem meeting its TTHM level, and will not be able to solve this situation until the new clearwell tank is completed. As the summer goes on, with the exacerbated heat, the problem will likely get worse. However, the redesigned water plant will have chlorine injected after filtering, and we will use a lot less chlorine in the future process. Mr. Chapman said DHS agreed that the new plant design should eliminate the problem. It is expected that we will exceed standards for the second quarter (possibly third) of 2005 as well, and we will issue a notice to the public with measurements provided for the both first and second quarters. However, people will not have to buy bottled water.

President Orth commented that he understood that because there will be less organic matter in the water under the new engineered system, we will therefore use less chlorine, and that the whole issue is the chlorine combining with the organics creating the situation. He commented that at least we know we are already doing the right project to take care of the issue. Jim West asked if the seasonal taste could be removed from the water; President Orth said the new system should improve that too.

6. Consideration of follow-up public meetings - Greenbelt Stewardship Plan. Director Ziady reported that the June 25 public meeting was very good with a lot of participation. She felt it was a good idea to continue to get public feedback as the ad hoc committee proceeded, and suggested August 27, 2005 and October 25, 2005 for two more public meetings. Brian Weller has agreed to donate his time again as the moderator. Director Pohlson moved to authorize two more public meetings for continued work on the issue, for August 27th and October 15th, or other dates deemed appropriate; Director Horrick seconded and the motion carried. Director Ziady said that the public can write out their comments and submit them to the General Manager, and the committee will and review them. Jim West handed her some written comments.

7. Consideration of ad hoc committee recommendations - Job Description Review. Director Pohlson had a conflict and left the table. General Manager Chapman said this had been discussed at the prior meeting but had not been placed in the proper form for motion, and therefore was returning to this meeting. He noted that job descriptions for Water and Sewer Departments were proposed to be combined into a new joint job description with cross-over skills. Gary Wilkening, the hired jobs description analyst, had sat with the employees July 11th and explained the process and provided a questionnaire; he will return in several weeks to meet with individual employees. President Orth summarized the recommendations listed in the staff report as including (1) having the consultant perform his evaluation, (2) having cross-training between the Administrative and Finance Assistants; (3) combining the water and sewer departments into a utility department and equalizing job descriptions. Director Skezas moved to adopt the ad hoc committee recommendations; Director Horrick seconded. President Orth said there were a couple of well-qualified employees who he hoped would mentor the others as they go through the required tests. General Manager Chapman said they will be given the opportunity of training when the time comes (at a cost of about $500 each for a seminar). The motion carried unanimously. The directors thanked the ad hoc committee.

8. Consideration of GIS mapping for the District. General Manager Chapman pointed out a GIS map of the District donated by former Director Bob Whitney. This GIS map came from the county assessor's database. The District has had many requests for good maps, and the GIS software system could provide a layered approach for different types of maps, such as for home locations, fire run maps, etc. Under a state discount program, the District might be able to get the software for under $1,500 and staff is currently researching this. Mr. Chapman said that Joanne Cavallari and Jon Noyer would be trained to use this software, and this could increase the cost to $2,000. Director Ziady moved to allow the District to proceed with procuring the software, training and producing of maps to an amount not to exceed $2,000. Director Skezas seconded. Director Pohlson voiced that she thought the $400,000 grant from CDF was for this. President Orth said he believed that grant was finished; Director Pohlson said no. She thought it was for access to that kind of program, and we needed to look into it. General Manager Chapman said that CDF had recommended this particular basic version of the software, and that this version would be sufficient for what our District needs. Discussion followed about GIS mapping and the related printers. Wallace Stahle asked how we could print these maps out if we didn't have the $30,000 printer. Mr. Chapman said it would cost about $65 to produce a map and get it printed at an outside printer. Mr. Stahle asked how many staff hours would be involved; Mr. Chapman estimated 4 hours. The motion carried unanimously.

9. Specific Plan Advisory Committee - Recommendations re cell towers. General Manager Chapman asked the Board what direction to take considering the Specific Plan Committee's letter. Director Pohlson said the committee felt the County guidelines were sufficient for us. There was no further discussion.

10. Street Lighting/Light Pollution - Assignment to Specific Plan Committee. General Manager Chapman said the matter was presented for formal motion. He said private street lights have been placed in areas around the airport area, and that the Specific Plan adopted in 1997 has provisions limiting lighting. He suggested that the Specific Plan Committee review this and come back with recommendations. Director Skezas so moved; Director Horrick seconded. Director Pohlson said she felt the committee's first action would be to come back to the Board and get an idea of what the Board believes light pollution to be. District Counsel Neary cautioned that sometimes, if people are looking at the Specific Plan, it can be a little misleading, because this is not an ordinance, but rather a guideline for County decision making, as in analysis of a building permit. It may be done in other ways, but a prohibition in the Specific Plan doesn't mean necessarily it's something that can be enforced. Director Pohlson requested more direction. She said the lighting being put up on an electric pole was being paid for by the resident. She understood that the District could not promote street lighting. District Counsel Neary said the District could exercise its police powers and adopt a provision in the zoning ordinance saying this shall not be allowed. But the Specific Plan was not self-executing. President Orth then said the Specific Plan Committee's charge was for the five-year Specific Plan update, and this could be one of those processes. Counsel Neary said to the extent that it was policy (and a goal), this may provide justification to ask the County to exercise police powers by zoning. He said it was a two-step process. President Orth said he felt most situations could be dealt with by requiring motion sensors. He believed the community didn't want 24-hour lights. He commented on the star-gazing activities possible here and the distraction caused by lights. The motion carried unanimously.

Chuck Hardin then spoke about the lights at Willits Airport itself and suggested they were canted at a 15% angle so as not to create a lighting hazard. President Orth responded there were complaints from all around about the airport light, particularly during times of fog.

11. Release of General Counsel Opinions: Specific Plan Advisory Committee Questions; PRC 4291 enforcement. Director Skezas moved to release the opinions; Director Horrick seconded. General Manager Chapman said the PRC 4291 matter would return at the next meeting and this issue would be separated from parking and other issues. The motion carried unanimously.
J. ADDITIONS TO FUTURE AGENDAS.
None.

K. SPECIAL REPORTS

Directors:
None.

District Counsel: District Counsel Neary said the final deed was about to be recorded in the Terry land exchange. Director Pohlson said someone had asked her about donating a lot and wondered if a formal request needed to be made. Mr. Chapman said it was recommended that a donor seek advice from an attorney before making that decision, and to call the office if they needed more information.

General Manager Chapman: Mr. Chapman said the Ohl Grove restroom bids had come in exceedingly higher than what was anticipated. He said this would be returned to the Board for more discussion and direction. President Orth asked about the possibility of staff doing this project. General Manager Chapman said this was the kind of discussion we were going to have. Director Ziady commented on the proceeding and how it would affect other projects, such as the multi-use court.

L. PUBLIC COMMENTS
None.

M. ADJOURNMENT
Director Skezas moved to adjourn and President Orth declared the meeting of July 12, 2005 closed at 8:13 p.m.


CHARLES A. ORTH
President Orth


MICHAEL V. CHAPMAN
Secretary to the Board of Directors

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