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MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA February 1, 2005 Time Description 9:06 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Invocation by Pastor Dave Gunderson of the Ponderosa Basin Chapel Introductions Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Gary Marshall, CDF Chief, presented a status report of the crews and their activity at the CDC Camp at Mt. Bullion. Chairman Pickard expressed appreciation to CDF and CDC for their assistance with the clean-up efforts at the landfill. Board Information Chairman Pickard commented on the status of the formation of the Sierra Nevada Conservancy (AB 2600 by Laird and Leslie) and its membership (six supervisors representing various groups of counties and seven members representing the State); and he announced that Supervisor Stetson was selected to represent the region consisting of Amador, Calaveras, Tuolumne and Mariposa Counties. He also commented on the Ag-tourism workshop that was held on Monday. Supervisor Fritz thanked Dana Hertfelder, Public Works Director, and his department for responding to an incident that involved a road repair. Supervisor Stetson also expressed appreciation to Public Works for their response to road repairs as a result of storm damage. He advised that he plans to attend the Yosemite Gateway meeting scheduled to be held on Thursday in the Park. He advised that the El Portal Planning Advisory Committee meeting is scheduled for next Tuesday. He also advised that he plans to attend the Mountain-Valley Emergency Medical Services Agency meeting next Wednesday in Lake Tulloch. Supervisor Bibby advised that the Mental Health Board is scheduled to meet at noon today, and she needs someone to attend on her behalf from the Board. She also thanked the departments involved in the storm damage responses. Supervisor Turpin also noted the good responses to the road repairs as a result of the storm damages. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: (M)Bibby, (S)Fritz, all items were approved/Ayes: Unanimous. Dana Hertfelder, Public Works Director; Waive Bidding Requirements Due to the Emergency Situation and Limited Source of Supply; Approve the Purchase of a 1985 826C Caterpillar Compactor for $87,945 for the Landfill; Authorize the Chairman of the Board of Supervisors to Sign the Purchase Agreement; Approve the Purchase of a Fuel Tank for $7,561; Authorize the Public Works Director to Sign the Purchase Agreement; and Approve Budget Action Transferring Funds within the Solid Waste Budget to Cover these Purchases as well as ---PAGE BREAK--- 2-1-05 2 Anticipated Expenditures that will Arise as a Result of the County Taking Over the Daily Operation of the Landfill ($375,000) (4/5ths Vote Required) BOARD ACTION: Discussion was held with Dana Hertfelder relative to the status of the County taking over the operation of the landfill. Dana advised that the requested actions are necessary for the continued operation of the landfill as the contractor has ceased operation at the facility. He reviewed the recommendation to purchase the compactor; and he advised that at this time, they are not anticipating entering into a contract with Bob Fiske. Carl Casey/PWD-Fiscal Officer, reviewed the requested budget actions. He advised that the Solid Waste Technician position is not a Board allocated position, and the position is still being discussed. Supervisor Bibby asked about holding off on consideration of the Solid Waste Technician position until consideration of the budget for FY 2005-06, and that would result in a salary and benefit savings with this request. Dana advised that they could hold off on the position at this time. Supervisor Bibby also expressed concern with reducing the Pollution Insurance line item, and she stated she would like to see the gate house built as a part of the compost facility as soon as possible to save the rental fee, and she questioned whether the tipping fees would need to be revisited. Discussion was held. Supervisor Stetson asked about the status of a cover for the recycling area. Supervisor Turpin asked about the number of hours on the hour meter for the compactor; and he asked about the status of crediting the Coulterville Sewer District for taking the leachate from the landfill. Tom Guarino, County Counsel, clarified that the request is for items that are essential for the County to handle the interim operation of the landfill only; and that it is the intention of the request to only operate the landfill until the bid process is complete for the operation of the landfill; and that the Solid Waste Technician position could be removed from the request as it is not essential at this point. Dana agreed with the clarification. Carl Casey suggested that the $11,000 requested for the Solid Waste Technician position be deleted; that the amount of $7,817 that was recommended to be taken from the Pollution Insurance line item be deleted from the request; and that the difference in the savings be offset by a reduction in the amount taken from Contingency. Tom further clarified that the action will require a 4/5ths vote by the Board; that findings need to be made that an emergency exist for waiving the bidding requirements and other requirements; and that this emergency exists until the bid process is completed for another operator to operate the landfill facility; and finding that the contract operator left on short notice and equipment and materials are needed for interim operations to provide an essential public service. (M)Turpin, (S)Stetson, Res. 05-34 was adopted approving the recommended actions, with the change to delete the Solid Waste Technician position and resulting budget changes, and with the findings as discussed by County Counsel. Further discussion was held. Ayes: Unanimous. Tom Guarino recommended that the Board place an item on each Consent Agenda relative to the emergency that is continuing for the operation of the landfill until the bid process is complete for operation of the facility. Kris Schenk, Planning Director; Appoint Three Members of the Board of Supervisors to Serve as Local Agency Formation Commissioners (LAFCo) BOARD ACTION: Discussion was held, and Kris Schenk advised that LAFCo needs to fill the public member vacancies. (M)Fritz, (S)Stetson, Supervisors Turpin, Fritz and Pickard were selected to be members of LAFCo, with Supervisor Bibby selected to be an alternate member of LAFCo/Ayes: Unanimous. Supervisor Bibby requested that the letters of interest that are received for the public member positions be distributed to the LAFCo Commissioners for review. Approve Budget Action Accepting a Grant Award from Pacific Gas and Electric Company, and Increasing Revenue and Appropriations ($2,500) (4/5ths Vote Required) (County Administrative Officer) BOARD ACTION: Discussion was held with Rich Inman, County Administrative Office, and he advised that this will work with the Library grant program. (M)Bibby, (S)Stetson, Res. 05-35 was adopted approving the budget action/Ayes: Unanimous. ---PAGE BREAK--- 2-1-05 3 Discussion, Direction, and Action Regarding Area 12 Agency on Aging (Chair Pickard) BOARD ACTION: Chairman Pickard provided a status report on the situation with the Area 12 Agency Aging. Discussion was held. Tom Guarino, County Counsel, asked that the Board re-confirm its position; and that if the situation is resolved with the lawsuit filed by Calaveras County and a settlement agreement is reached, that the County will withdraw its contingency notice to withdraw from the Agency. (M)Bibby, (S)Fritz, Res. 05-36 was adopted re-confirming the Board’s previous position; and directing that if the situation is resolved with the lawsuit filed by Calaveras County and a settlement agreement is reached, that the County will withdraw its contingency notice to withdraw from the Agency/Ayes: Unanimous. Supervisor Bibby asked that the Board be kept informed of the status of this matter. Discussion and Direction Regarding the Appointment of One New At-Large Member to Fill the Vacancy on the Agricultural Advisory Committee (Planning Director) BOARD ACTION: Kris Schenk, Planning Director, advised that two applications were received: Larry Mack and Paul Chapman. Discussion was held. (M)Turpin, (S)Fritz, Larry Mack was appointed to the Committee/Ayes: Unanimous. Supervisor Bibby noted that the meetings are open to the public. CLOSED SESSION: Conference with County Labor Negotiator: Name of Employee Organization: SEIU Local 250, Health Care Workers Union; Name of County Designated Representative: Jeff Green (County Administrative Officer) BOARD ACTION: Rich Inman, County Administrative Officer, advised that this closed session is not necessary. 10:13 a.m. CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Initiating of Litigation for a Case Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel); CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Significant Exposure to Litigation for a Case Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel); CLOSED SESSION: Conference with Legal Counsel; Existing Litigation: California Government Code Section 54956.9(a); Dean v. County of Mariposa (County Counsel); and CLOSED SESSION: Conference with Legal Counsel; Existing Litigation: California Government Code Section 54956.9(a); PG&E v. County of Mariposa (County Counsel) BOARD ACTION: (M)Bibby, (S)Turpin, the closed sessions were held/Ayes: Unanimous. 11:27 a.m. Recess 11:50 a.m. Chairman Pickard announced that direction was given to staff on the closed session matters, and that the law firm of Rutan & Tucker was retained for the matter of PG&E v. County of Mariposa (see Consent Agenda item CONSENT AGENDA: CA-1 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to sign a Contract Retaining Counsel in the Lawsuit Filed by Pacific Gas & Electric, wherein Mariposa County has been Named as a Defendant (County Counsel); Res. 05-32 CA-2 Approve Agreement and Authorize Chairman of the Board of Supervisors to Sign an Interim Rental Agreement with 35-A District Agricultural Association for Use of the Fairgrounds Facility for Calendar Year 2005 for Trainings, Meetings, and Other Similar Events and/or Activities (Sheriff); Res. 05-33 ---PAGE BREAK--- 2-1-05 4 CA-3 Appoint Anthony J. Toso to the Agricultural Advisory Committee, Representing the Merced-Mariposa Cattlemen’s Association (Planning Director) 11:51 a.m. Adjournment in memory of Marcie Mitchell, Barbara Sims Jones, Robert James “Jim” McCall, Kermit Walter Anderson, and Ruth Lois Helzer. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board