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Time Description 9:05 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Lee Stetson, Chairman; Presentation of Resolution 06-167 Proclaiming the Month of May as Elder and Dependent Abuse Awareness Month (Resolution was Adopted on 5-2-06) BOARD ACTION: (M)Pickard, (S)Bibby, the proclamation was approved and presented to Cheryle Rutherford-Kelly, Human Services Director/Ayes: Unanimous. Lee Stetson, Chairman; Proclaim the Week of May 13th through 21st, 2006 as “See America Week/National Tourism Week” BOARD ACTION: (M)Pickard, (S)Fritz, the proclamation was approved and presented to Susan Crain/Tourism Coordinator/Ayes: Unanimous. Susan Crain commented on the closure of Highway 140 due to the slide. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Carol Williams stated she is an employee in the health care business in the County, and she is concerned with what is happening with the Sheriff’s Department and the deputies with the labor negotiations. She is very grateful and appreciative of the support received from the deputies; and as a community she feels that we are responsible for maintaining services and care. The Sheriff’s Department is a vital part of the emergency system in the County. She stated she understood that the Sheriff offered to give up two funded positions to use the funds for increased benefits for the deputies. She advised that she is concerned with the health care coverage and that some members receive higher health coverage benefits – she feels that all employees should receive the family coverage. She noted that the current deputies know the people in the County and how to handle different situations, and they are familiar with the local roads. Dick Hutchinson invited everyone to attend the open house at the Mariposa Museum and History Center; stated he liked the hiring of Mike Coffield as interim County Administrative Officer and his goal to get out to the departments, and he stated he hopes that he will take the Board members with him to the departments. Larry Williams stated he believes that the government needs to provide for the safety of the citizens; and that citizens expect services from the Sheriff and Road Division. He stated he feels that with the increase in property values, that there should be sufficient revenue to pay for these services. He stated he feels that the funding should go to the Sheriff’s Department before going anywhere else. He expressed concern with the different levels of health insurance benefits for employees. He stated he feels that the County needs to reconsider its priorities and do whatever is necessary to maintain the quality of the Sheriff’s Department. He further stated he will obtain a copy of the County’s budget and become a more concerned citizen. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA May 16, 2006 ---PAGE BREAK--- 2 5-16-06 Eleanor Keuning expressed concern with road maintenance and the closure of Highway 140 due to the slide. She invited everyone to the Relay for Life event scheduled for this weekend, and she invited the public to the Community Chorus event scheduled for Sunday. Board Information Supervisor Fritz advised that she attended the Pow Wow event; and she announced that the events committee will meet in the Board Chambers on Thursday and begin planning for the June Rock Fest and the July 4th events. She noted that they are planning to have a dunk tank for the 4th of July event. She plans to attend the Relay for Life event. Supervisor Bibby advised that Chairman Stetson will present the Certificate of Recognition to the Hornitos Lodge, No. 98, F. & A. M. for their Sesquicentennial Celebration as she will be unable to attend due to another commitment. She advised that she will try to attend the Relay for Life event on Sunday. She provided a brief update on the Highway 140 closure and advised that Mr. Nijjar of CalTrans will try to attend the meeting later this date to provide an update. She advised that they are working to correct the problems with the CalTrans informational message signs relative to the closure of the Highway. She advised that she plans to attend the Cattlemen’s meeting this evening in Hornitos and invited everyone to attend – she noted they will be discussing Williamson Act issues. She noted that only three property owners attended the parking district meeting on Monday evening. Supervisor Turpin advised that he attended the Northern Mariposa County Ambulance Association dinner event on Friday; and this Thursday, there will be a candidates’ night in Don Pedro. The 21st annual Coyote Howl is scheduled for Saturday. On Sunday afternoon, the Coulterville Fire Brigade will rededicate the fire station, and he commended the volunteers for their work. Supervisor Stetson advised that the Midpines Advisory Council is scheduled to meet on May 18th, and there will be a discussion of Measure I at 7:30 p.m. Mike Coffield, Interim County Administrative Officer, noted that the dunk tank for the 4th of July event is a fundraiser for summer trips and he will participate in the fundraiser. Dr. Mosher, Health Officer; Present Action Regarding Mariposa County’s Participation in Pandemic Flu Exercise Drill. BOARD ACTION: The matter was continued to May 23, 2006. Dana S. Hertfelder, Public Works Director; Discussion and Possible Direction Regarding Mariposa County Cemeteries. BOARD ACTION: Dana Hertfelder provided information on the status of the cemeteries and the Advisory Committees. He advised that the Coulterville and Catheys Valley cemeteries currently have sufficient space available to meet the expected demand for interments for the next several years; however, there are only a few spaces left for interments in the Mariposa cemetery. Discussion was held relative to filling the vacancies on the Advisory Committees and/or possibly reorganizing the committees to establish a committee with broader representation. Supervisor Bibby noted that there was a request for the development consultant to review this matter; and she asked that information be provided on whether there are any siting requirements for cemeteries. Discussion was held relative to options for providing for cemeteries – County-operated facilities, privately-operated facilities, or District-operated facilities. Input from the public was provided by the following: Paul Chapman referred to the purchase of land by the Airport that was going to be used for a cemetery, and then it became an aviation easement. He noted that the County owns property in Bear Valley that he feels would make a nice cemetery. Leroy Radanovich commented on his and David Radanovich’s discussion with Supervisor Fritz on this matter, and of their willingness to serve on an ad hoc committee. He stated he feels that it would be best for each area to take care of their local cemetery. He referred to the history of the Mariposa Cemetery, and he noted that Sam Spaulding has an interest in this matter. He commented on his research of options for operating cemeteries, and of the Board’s previous consideration of this matter; and he agreed that it is good to review the options. ---PAGE BREAK--- 3 5-16-06 David Radanovich stated that in his discussions with Sam Spaulding, it was noted that the spaces that are reserved should be reviewed and that there needs to be some organization of what is there and how the burial plots are arranged, and that people will need to realize that the cemetery can no longer be free. Supervisor Pickard further discussed his suggestion that the Board look at creating a committee to look at a broad range of options for the future management of the operation of cemeteries for the County, and that input should be sought from all areas of the County on this matter. He agrees with maintaining the area ad hoc committees to oversee the operations of their respective cemeteries. Supervisor Bibby commented on the Parks and Recreation Commission’s discussion of cemetery issues. She suggested that consideration be given to creating a Mariposa cemetery task force to work on the Mariposa cemetery issue first and then begin to study the broader picture. Dana Hertfelder noted that consideration could be given to reactivating the three cemetery ad hoc committees, and that the Mariposa Cemetery Ad Hoc Committee could look at broader solutions; or a countywide solution could be worked on. Supervisor Turpin commented on interest in the Don Pedro area for establishing a cemetery, and he agreed that it would of benefit to have information on a countywide basis for the future of the cemetery services. Supervisor Fritz clarified that anyone in the County could be buried in the Mariposa cemetery, so she feels this is a countywide issue. She would like to see the people that are interested in this matter be able to look at options and bring back some recommendations. Supervisor Stetson agreed with addressing the immediate needs of the Mariposa town cemetery first. Discussion was held relative to the Ordinance that established the ad hoc committees, and consideration of establishing another committee. Tom Guarino, County Counsel, suggested that direction could be given to staff to meet with the concerned members of the public who wants to assist with this matter. If the Board wants to establish a comprehensive committee, they could bring back an item to form a committee to address cemeteries at large. Supervisor Pickard stated he would like to see the Mariposa Ad Hoc Committee activated as quickly as possible, and to give direction to staff to bring back the formation of a comprehensive committee to look at the County and what the options are for solving the cemetery needs for the future. Eleanor Keuning asked whether the Catheys Valley cemetery is a private cemetery; and she was advised that it is not private. Thus, she noted that they seem to be organized as to the use of the cemetery. Supervisor Bibby provided input on the Catheys Valley cemetery and the Ad Hoc Committee. Larry Williams suggested that if the County continues to operate the cemeteries that consideration be given as a part of the overview, to collecting fees to cover the cost of providing the services so that the operations are not subsidized by the taxpayers. Discussion was held relative to filling the vacancies on the Cemetery Ad Hoc Committees. Dana Hertfelder advised that since the vacancies have been posted, he will proceed with preparing an agenda item to fill the vacancies on the Ad Hoc Committee for the Mariposa cemetery; and he will work with them to bring back an item to consider forming a comprehensive committee for reviewing cemetery issues to plan for the future needs of the County. The Board concurred. Matt Foraker, Treasurer of the Economic Development Corporation, appeared on behalf of Candy O’Donel Browne; Presentation of the Economic Development Corporation (EDC) of Mariposa County Business Survey Dated April 2006. BOARD ACTION: Matt Foraker advised that the EDC is just presenting the data and is not rendering an opinion on the survey results at this time. Discussion was held relative to the survey. Supervisor Turpin stated he would like to have more feedback on the responses relative to bureaucracy and government experience. Supervisor Fritz provided input on looking at options with the High School to provide training for entry level positions for local retail merchants. Input from the public was provided by the following: Dick Hutchinson, acting Chair of the Historic District Merchants Group, asked about the history of the survey and the report, and he noted that he was unaware of this matter. He stated he would like to be able to work with the merchants on this. Matt Foraker advised that the Chamber of ---PAGE BREAK--- 4 5-16-06 Commerce was involved and he advised of the membership on the committee, which included a representative of Mother Lode Job Training. Eleanor Keuning commented that she and Judie Huffman worked to encourage the High School to set up a hospitality class with the ROP program. Leroy Radanovich commented on efforts by the 6th Street Cinema to provide programs for the visitors three summers ago; and he noted that they found that the visitors do not return to town from visiting the Park until around 8:30 p.m. Thus, he feels that the experience has been that it does not pay to keep the businesses open in the evening, other than restaurants and hotels. He urged that some time be given to the Visitors Bureau and Business Development functions and that they be analyzed. Supervisor Bibby noted that Mother Lode Job Training has services and training programs that are available. 10:47 a.m. Recess 10:56 a.m. Waive Second Reading and Adopt Ordinance Approving Amendment to Mariposa County Zoning Map Pursuant to General Plan Zoning Amendment No. 2005-213; Caroline McGrath LLC, Applicant. Project Site is Located at 6979A Highway 140 Midpines, APN 008-310-001 (Planning Director) BOARD ACTION: Kris Schenk, Planning Director, responded to a question from the Board and advised that no input had been provided on this matter since the hearing. (M)Bibby, (S)Fritz, the second reading was waived and Ordinance No. 1028 was adopted approving amendment to Mariposa County Zoning Map pursuant to General Plan Zoning Amendment No. 2005-213; McGrath, applicant. The Clerk of the Board read the Ordinance title into the record. Ayes: Unanimous. John E. Davis, Building Director; Waive First Reading and Introduce Ordinance Amending Chapter 15.10 Entitled Adoption of Uniform Codes as Adopted by the Building Standards Commission and Published in Building Standards Bulletin 01-03 on August 1, 2003, the 2004 Edition of the California Electrical Code, the 2004 Edition of the American Society of Mechanical Engineers Standard A 17.1 Safety Code for Elevators and Escalators. BOARD ACTION: Discussion was held with John Davis. Chairman Stetson called for input from the public and none was received. (M)Fritz, (S)Turpin, the first reading was waived and an Ordinance introduced amending Chapter 15.10, entitled Adoption of Uniform Codes, as recommended. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Unanimous. Approval of Minutes of April 25, 2006, Regular Meeting (Clerk of the Board) BOARD ACTION: Supervisor Turpin advised of a correction to reflect 1500 foot setback for slaughter houses during the public hearing for General Plan Zoning Amendment No. 1005-235. (M)Pickard, (S)Turpin, the minutes for April 25, 2006, were approved/Ayes: Unanimous. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Pickard pulled item 4 for discussion with the Agricultural Commissioner. Chairman Stetson noted that item 10/the Senior Awareness Month proclamation will be presented at lunch today and that the Board members are planning to serve lunch to the seniors. (M)Fritz, (S)Bibby, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 4/Wildlife Services – Cathi Boze, Agricultural Commissioner, introduced Don Simms, Wildlife Services Trapper, and Wade Carlson, USDA Wildlife Services District Supervisor. Wade Carlson provided input relative on the services they provide. Discussion was held. Don Simms noted the assistance received from the Mariposa High School FFA program in building cages for their program. Supervisor Bibby commented on the funding that the sheep industry was able to obtain, and she asked about being able to obtain assistance for the cattle industry. Supervisor Pickard noted that the Regional Council of Rural Counties (RCRC) is seeking additional federal revenue for the State for the wildlife services. (M)Pickard, (S)Turpin, item 4 was approved/Ayes: Unanimous. ---PAGE BREAK--- 5 5-16-06 Bob Nijjar, Senior Resident Engineer for CalTrans, provided a status report on the slide removal project on Highway 140; and he advised of emergency funding for the project for temporary repairs and of plans to be able to open one lane on Sunday. Discussion was held. CLOSED SESSION: Conference with Legal Counsel; Existing Litigation: California Government Code Section 54956.9(a); Name of Claimant or Case Number and Name of Adverse Parties: Cooper v. County of Mariposa, et al, Case No. 8549 (County Counsel); CLOSED SESSION: A. 1) Public Employee Appointment; Title or Position to be Filled: County Administrative Officer; 2) Public Employee Employment Title or Position to be Filled: County Administrative Officer (Government Code Section 54957 (Interim County Administrative Officer); B) Public Employee Performance Evaluation: Position of Employee Under Review: Interim County Administrative Officer (Interim County Administrative Officer); and MARIPOSA COUNTY BOARD OF SUPERVISORS/MARIPOSA PARKING DISTRICT CLOSED SESSION: Conference with Real Property Negotiator; Description of Real Property: Mariposa Parking District, Agency Negotiator: Name of Party who will Negotiate with County (not party’s agent): Thomas P. Guarino, Closed Session will Concern Terms of Purchase (County Counsel) BOARD ACTION: (M)Bibby, (S)Fritz, the closed sessions are to be held at 1:30 p.m./Ayes: Unanimous. Supervisor Bibby excused herself from the following closed session due to a potential conflict of interest due to a remainder interest in an estate for real property with her cousin; and her cousin is employed at the Jail. CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Deputy Sheriffs’ Association (DSA); Name of Designated Representative: Thomas P. Guarino, County Counsel (County Counsel) BOARD ACTION: (M)Fritz, (S)Turpin, the closed session is to be held at 1:30 p.m./Ayes: Stetson, Turpin, Fritz, Pickard; Excused: Bibby. 11:44 a.m. Served Lunch at the Senior Center 1:35 p.m. The Board convened in closed session. 4:22 p.m. Recess 4:49 p.m. Chairman Stetson announced that direction was given to staff as a result of the closed session matters; and he read a closed session announcement into the record relative to the labor negotiations with DSA. CONSENT AGENDA: CA-1 Adopt a Resolution Authorizing the Health Officer to Fill the Full Time Public Health Emergency Response Coordinator Position at the Extra Help Level at Step 5 of Salary Range 465 ($26.1581/hr.) Approve Budget Action Transferring Funds within the Health Budget to Fund Extra-Help ($5,200) (Health Officer); Res. 06- 178 CA-2 MARIPOSA COUNTY AIR POLLUTION CONTROL DISTRICT Dr. C. B. Mosher, Air Pollution Control Officer/Health Officer Adopt a Resolution Authorizing Chairman of the Mariposa County Air Pollution Control District to Sign an Agreement to Apply for Lower Emission School Bus Program Retrofit Grants in the Amount of $112,000 (Health Officer); APCD Res. 06-2 ---PAGE BREAK--- 6 5-16-06 CA-3 Approve Budget Action Transferring Funds within the Boating Safety Budget to Help Cover Boating and Safety Program Extra Help Expenses ($5,500) (Sheriff); Res. 06-179 CA-4 Adopt a Resolution Authorizing the Board of Supervisors Chairman to Sign Agreement No. 07-73-06-0260-RA: the Annual Work Plan, Annual Financial Plan and a Letter of Intent for Fiscal Year 2006-2007 with USDA/APHIS/WS (Wildlife Services) (Agricultural Commissioner); Res. 06-183 CA-5 Adopt a Resolution authorizing the Board of Supervisors Chairman to Sign the Combined Petroleum Products Compliance and Weighmaster Enforcement Program Agreement No. 06-0025 for Fiscal Year 2006/2007 with California Department of Food and Agriculture (CDFA) (Agricultural Commissioner); Res. 06-180 CA-6 Re-appoint Dusty Luker to Serve as a Member at Large to the Alcohol and Drug Board for a Term Expiring May 16, 2009 (Human Services Director) CA-7 Appoint Lori Ritter to Serve as a Member at Large on the Mental Health Advisory Board for a Term Expiring May 16, 2009 (Human Services Director) CA-8 Approve Budget Action Transferring Funds within the Human Services Department for Various Budget Units ($94,050) (Human Services Director); Res. 06-181 CA-9 Adopt a Resolution Approving Amendment No. 1 with the State Department of Alcohol and Drug Programs to Increase Funds Available for the Alcohol and Drug Programs; Authorize the Board of Supervisors Chairman to Sign Amendment ($1,337) (Human Services Director); Res. 06-182 CA-10 Proclaim the Month of May as Senior Awareness Month (Community Services Director) 4:53 p.m. Adjournment in memory of Edwin Eugene Burgess. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board