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MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA May 10, 2005 Time Description 9:08 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Bob Pickard, Chairman; A) Approval and Presentation of Letters Recognizing Jacob Gisler, Alex Gisler, and Steven Gisler for Obtaining the Rank of Eagle Scout BOARD ACTION: Stetson, Bibby, the letters were approved and presented to Jacob, Alex, and Steven Gisler, along with a Courthouse pin for each/Ayes: Unanimous. Jacob Gisler thanked the Board of Supervisors on behalf of his brothers and himself. Rich Inman, County Administrative Officer; Proclaim the Week of May 8th through May 14th, 2005, as National Hospital and Healthcare Week BOARD ACTION: Bibby, Fritz, the Proclamation was approved and presented to Bob Rudzik, Maureen Spacke, Marilyn Corral, and Elnora George, representing John C. Fremont Hospital/Ayes: Unanimous. Elnora George stated the hospital could not do what it does without the support it receives and thanked the Board and the public. She announced that the hospital should learn details today relative to the amount of state tax dollars the hospital will receive. She stated that the hospital is looking forward to increasing all of their services and with the sales tax monies expects to be able to cover the entire county. She advised that the hospital is waiting approval from Pacific Gas & Electric (PG&E) for an MRI machine to be up and running one day per week. B) Proclaim the Week of May 8th through May 14th, 2005, as “Teacher Appreciation Week” (County Administrative Officer) BOARD ACTION: Stetson, Bibby, the Proclamation was approved and will be presented at the Teacher Appreciation Dinner on May 14, 2005/Ayes: Unanimous. Public Presentations: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda – none. Board Information Supervisor Fritz stated that the parents of Eagle Scouts, Jacob, Alex, and Steven Gisler should be commended for having three Eagle Scouts and for being behind the effort of their sons, as it takes a whole family to achieve such an accomplishment. She advised that she attended the 4-H Judging Fashion Review Show last weekend in the plaza area between the Government Center and the Library. She announced that she would be leaving Friday for Washington D.C. to attend the Business and Professional Women’s Leadership Summit. She also announced that the Teacher Appreciation Dinner is Saturday, May 14th, and the Relay for Life for cancer survivors is this weekend. She invited the public to attend as many events this weekend as possible. ---PAGE BREAK--- 5-10-05 2 Supervisor Stetson advised that he will be attending an El Portal Advisory Committee meeting this evening at the community center at 7:00 p.m. and that the first meeting of the Sierra Nevada Conservancy is on Thursday at 10:00 a.m. in Sacramento. Supervisor Bibby announced that she will be participating in the opening ceremony of the Relay for Life on Saturday and encouraged the public to sponsor a walker or make donations. She stated that there is expected to be an introduction of a young cancer survivor at the event. She complimented Cheryle Rutherford-Kelly, Human Services Director for a job well-done last Thursday relative to the Proposition 63 program meeting and advised that the state has recently released program planning monies in the amount of $78,905 for Mariposa County. She further advised that there were representatives from the hospital, school district, Sheriff’s department, as well as almost every department within the county. Supervisor Turpin announced that on Wednesday, he will be taking part in the South West Interface Team (SWIFT), at Moccasin. He stated that the Red Cloud Friends of the Library will have an on-site briefing on the location of a new library and on Thursday, he will have the opportunity to testify at the Forest Service Field Office Hearing in Sonora. He further advised that on the evening of May 12th at the Don Pedro Elementary School there will be a District II meeting, where the featured speaker Cathi Boze, Agricultural Commissioner/Sealer will be speaking about West Nile Virus; Karen Robb, the new Farm Advisor for Mariposa County, will address the Master Gardeners; and Jerry Progner will provide information on good erosion control practices. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Chairman Pickard asked relative to item 10, whether there was a sliding scale for commitment rates by facility and announced that Supervisor Turpin would present the certificate relative to item 12. Supervisor Turpin announced that he would present the certificate to Ila Barrett, relative to item 12, at the family gathering at the VFW Hall on Saturday or at her home. Supervisor Bibby announced that she would present the certificate relative to item 4 at the recognition program at the Mariposa Arts Park on May 22nd. Supervisor Turpin pulled item 6. Fritz, Stetson, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 6 – Discussion was held with Rick Peresan, Technical Services Director, who stated that Sierra Telephone has done an incredible job gathering Geographic Information System (GPS) data for their customers which has tremendous value for Mariposa County; however, they do not have parcel data. Although the Attorney General has concerns about the information being shared, this is a very reasonable way to maintain the Mariposa GPS system. He advised that the Public Works Department and Fire Department also utilize the data. Rick further advised that Sierra Telephone has volunteered to provide data from their GPS personnel in the field. Chairman Pickard questioned whether SBC was also tracking this information and Rick advised that although they are and there may be an agreement between them and the county later down the road, it is not at the same level as Sierra Telephone. Supervisor Bibby stated that TDS in Hornitos has been challenging. Rick stated that because the information is always changing, the information will be shared quarterly. Turpin, Stetson, Res. 05-187 was adopted, approving the agreement and authorizing the Chairman to sign the agreement/Ayes: Unanimous. Rich Inman, County Administrative Officer, advised that he was in need of medical care recently and went to John C. Fremont Hospital. He stated that he is more of an ambassador now and thanked the hospital representatives still in the audience. Adopt a Resolution Establishing an Amnesty Program for Yosemite West (County Counsel) BOARD ACTION: Tom Guarino, County Counsel presented the item and stated that July 11, 2005 is sixty-one days out for applicants to apply for amnesty. Supervisor Bibby stated that she has reservations adopting an amnesty plan that utilizes significant staff time and requires the recalculation of EDUs. ---PAGE BREAK--- 5-10-05 3 Chairman Pickard stated that he sees this program as applicant driven and that it is voluntary. Supervisor Stetson recommended a three month window before the expiration date. Tom Guarino clarified the recommendation that applicants must apply by August 10, 2005 at 5:00 p.m. If an application is not filed by that date, the program will expire. Supervisor Bibby recommended adopting a date in September versus the August 10th date. Dana Hertfelder, Public Works Director, stated that Mauldin-Dorfmeir is expected to meet with their consultants today and it may be difficult to finalize a date. He further stated that the project should be done by this summer. Stetson, Fritz, Res. 05-188 was adopted establishing an Amnesty Program for Yosemite West with an expiration date of August 10, 2005, for applicants to apply. Supervisor Stetson stated that the community has done a tremendous amount of work to prepare themselves for this project. Chairman Pickard noted that this matter has gone before the Advisory Committee and has received their concurrence. Supervisor Bibby pointed out that it is imperative to retain the proper permits to avoid adding to time spent by personnel, driving up costs, and creating inaccurate records/Ayes: Stetson, Turpin, Fritz, Pickard; Noes: Bibby. Authorize the County Administrative Officer to Complete a Project Information Form Transferring the United States Department of the Interior Grant Agreement No. 06-04-ML-0010 from the Fremont Adobe to the Trabucco Warehouse (County Administrative Officer) BOARD ACTION: Mary Hodson, Deputy County Administrative Officer, presented the item. She announced that the Fremont Adobe has sold and escrow has closed. She advised that the Trabucco Warehouse Building is also for sale at this time and there is a party interested in purchasing the building. Supervisor Stetson stated he recommended pursuing this matter. Supervisor Bibby asked whether the grant still requires a match of $148,152 and stated she would rather see this kind of money used on roads. Rich Inman, County Administrative Officer, advised that a subsequent grant is being worked on to cover the matching portion necessary if the Trabucco Warehouse qualifies. He further stated that he would not approve spending General Fund monies for the matching portion of the grant. Chairman Pickard recommended that the Board of Supervisors go forth with this matter and if it motivates a private buyer to purchase the Trabucco Warehouse, it will benefit the public. Stetson, Fritz, Res. 05-189 was adopted, authorizing the transfer of United States Department of the Interior Grant Agreement No. 06-04-ML-0010 from the Fremont Adobe to the Trabucco Warehouse/Ayes: Stetson, Turpin, Fritz, Pickard; Noes: Bibby. Discussion and Possible Further Action Regarding the Local Emergency Due to the Flooding that Occurred throughout the County (County Counsel) BOARD ACTION: Tom Guarino, County Counsel, recommended that the local emergency finding continue. Discussion was held with Dana Hertfelder, Public Works Director, who updated yesterday’s meeting with Office of Emergency Services (OES), which included a tour of several roads. He advised that the state is responsible for preparing the assessment damage report and that June 10th is the cut-off date for the state fiscal budget items. He further advised that Mariposa County is encouraged to have an amount submitted by the June 10th date and as weather warms, it is clearer to see the direct results of the storms. Dana advised that the Public Works Department does not have enough workers and will propose to bid these repairs out to contractors. He stated that according to Title 19, these repairs must be of a permanent nature, cannot be an improvement, and must be done to standards. He further stated that four roads received substantial damage, including Hornitos, Bear Valley, Old Toll, and Merced Falls Roads. He advised that the repairs necessary to Hornitos Road may use all of the funds by itself; however, the Public Works Fiscal Officer is attempting to get additional state monies. Chairman Pickard recommended that the Public Works Director work with the County Administrative Officer to ensure the budget covers the necessary repairs. ---PAGE BREAK--- 5-10-05 4 Dana stated that in addition, there are several dirt roads in need of grading that also need repairs. He further stated there is some potential to get money upfront once the DSR is approved. Supervisor Bibby questioned whether the Public Works could be given leeway relative to submitting their budget with the possibility of extending timelines for the next fiscal year budget if necessary. She stated that complaints have been coming in and she complimented Public Works for dealing with these matters. Dana advised of the attempt to get reimbursement needs up to date so far and answered questions from Supervisor Bibby relative to improving culverts with the use of OES funding. Supervisor Bibby warned the public to drive cautiously and to watch their speed. Supervisor Turpin advised that Merced Falls and Bear Valley Roads are safety hazards and questioned whether the temporary repairs being done will be covered by state funding. Dana announced that it is the intent to bid out the repair of all four roads as a combined contract. He stated that OES Representatives have been accommodating. Old Toll, Merced Falls, and Bear Valley Roads were toured and OES agreed with damage assessments. He further announced that an extra-help employee has been brought back to assist in preparing the specification of damages and they will be contracting with extra-help to perform regular duties, such as roadside weed spraying. He stated that once Public Works knows the amount of funding necessary, he will meet with the County Administrative Officer. Chairman Pickard reminded the Board that while Dana has been promoted from the Assistant Director, there has been no replacement and he encouraged Dana to continue moving forward with projects. Rich Inman, County Administrative Officer stated that Dana has provided a re-organization plan and it will be visited by the Board of Supervisors shortly. Bibby, Fritz, Res. 05-189a was adopted continuing this matter to May 17, 2005/Ayes: Unanimous. 10:12 a.m. Recess 10:29 a.m. Dana Hertfelder, Public Works Director; Presentation on the Current Status of the Master Plan for the Regional Recreation Complex BOARD ACTION: Dana Hertfelder, Public Works Director introduced Warren McClung of RRM Designs, the contractor in charge of preparing the master plan for the Regional Recreation Complex. Warren provided an update of the master plan and the steps necessary for creating the master plan. He answered questions from the Board of Supervisors relative to roads, parking spaces, a pool complex, a recreation center, and grading of the property. In addition, discussion was held relative to the use of locker rooms, spectator space, concession stands, and the annual water demand. Chairman Pickard opened the matter to public comment. Audrey Noel asked whether restrooms are planned in the concession kiosk and commended Warren for paying close attention to details. Marty Cadell asked if Saxon Creek water could be used for this project. Discussion was held relative to the commitment of water from MPUD and concerns of property owners near the project site. Fred Solomon, Project Manager, advised that the department has been working with MPUD from the early phases and there should be enough water to complete the first phase. He further advised that noise, traffic, light glare, and trespassing were all concerns that would be addressed in the Environmental Impact Report (EIR). Supervisor Bibby questioned whether there are any restrictions in utilizing the grant money and complimented Warren. She stated that she has attended stake holders meetings and he has received good public input. Discussion was held relative to the cost of preparing the site for the project. Fred Solomon advised that this will be a costly project; however, it will be done over a period of time. He further advised there is room for flexibility and that changes can be made between phases. Supervisor Pickard thanked Warren. 11:33 a.m. Recess ---PAGE BREAK--- 5-10-05 5 11:44 a.m. Charles Mosher, Health Officer; A) Adopt a Resolution Appropriating $315,646 from Public Health Realignment Trust Fund and Authorizing the Health Officer to Pay Invoices due from Fiscal Years 2002-2003 and 2003-2004 (4/5ths Vote Required) BOARD ACTION: Dr. Mosher introduced the item and advised that the money was kept in a trust fund to be transferred to the County’s General Fund when needed. Supervisor Bibby questioned whether this would bring the County current. Chairman Pickard asked whether it was anticipated that the invoices received would ever be more than the funding placed into the trust fund and whether the County keeps the interest earned from the trust fund. Stetson, Turpin, Res. 05-190 was adopted appropriating the funding and authorizing the Health Officer to pay the due invoices/Ayes: Unanimous. B) Discussion and Possible Action Regarding an Impending Deadline for a Decision Relative to Continuing to Contract with the State Department of Health Services for State Public Health Staff using Health Realignment Funds BOARD ACTION: Dr. Mosher introduced the item and advised that he attended a meeting last Friday in Sacramento regarding the program. He further advised there is twenty-six percent overhead for administration and lab service costs for the program. He stated that small counties have remained united and have requested an additional fifty percent cut in costs. Discussion is still on-going and the state is currently looking for ways to extend the deadline and made additional cuts. Turpin, Fritz, Res. 05-191 was adopted approving the contract with Local Public Health Services for Fiscal Year 2005- 2006/Ayes: Unanimous. 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: Closed session was not held. 11:50 a.m. CLOSED SESSION: Conference with Real Property Negotiator: Description of Real Property – 5101/5099 Bullion Street, Mariposa; Name of Party who will Negotiate with County: Rich Inman, County Administrative Officer; Closed Session will Concern Price and Terms of Purchase (Continued from 5-3-05) (County Administrative Officer); and CLOSED SESSION: Conference with Legal Counsel Relative to Anticipated Litigation/Significant Exposure to Litigation for Two Cases Pursuant to Subdivision of Government Code Section 54956.9 (County Counsel) BOARD ACTION: Fritz, Turpin, the closed sessions are to be held after the Board returns from serving lunch at the Senior Center/Ayes: Unanimous. 11:51 a.m. Serve lunch at the Senior Center. 1:38 p.m. The Board convened in closed session. 2:52 p.m. Chairman Pickard announced that direction was given to staff as a result of the closed sessions. CONSENT AGENDA: CA-1 Action to Continue Emergency Findings for the Interim Operation of the Mariposa County Landfill by County Staff is Necessary to Continue an Essential Public Service Until the Bidding Process is Completed (Public Works Director); Res. 05-179 CA-2 Approve the Destruction of Archived Recruitment Files and Closed Workers’ Compensation Files (County Administrative Officer); Res. 05-180 ---PAGE BREAK--- 5-10-05 6 CA-3 Approve Budget Action Transferring Funds within the Board of Supervisors Budget Unit for County Vehicle Expense ($2,000) (County Administrative Officer); Res. 05-181 CA-4 Approval of a Certificate Recognizing the Independent Order of Odd Fellows, Mariposa Lodge #39 in Celebration of Their 150th Anniversary (Supervisor Bibby) CA-5 Approve Budget Action Transferring Funds within the Sheriff’s Budget Unit to Pay an Unanticipated Invoice for the Sheriff’s Portion of the Geographic Information System (GIS) Software Utilized for the County ($387) (Sheriff); Res. 05-182 CA-6 Approve the Mariposa County Geographic Information System (GIS) Data Sharing Agreement with Sierra Telephone and Authorize the Chairman of the Board of Supervisors to Sign the Agreement (Technical Services Director); Res. 05-187 CA-7 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign the State Standard Agreement for AIDS Prevention Program for Fiscal Years 2005-2006 and 2006-2007 (Health Officer); Res. 05-183 CA-8 Authorize the Department of Human Services (Community Action Programs) to Submit an Application to the State Department of Housing and Community Development for Federal Emergency Shelter Grant (FESG) Funding and Authorize the Human Services Director to Write the Grant Application in Conjunction with Mountain Crisis Services (Human Services Director); Res. 05- 184 CA-9 Approve Budget Action Reallocating Salary and Benefit Savings from the Drug Task Force Grant in the Probation Budget Unit to Purchase Replacement Computers ($1,150) (Probation); Res. 05-185 CA-10 Approve Budget Action Transferring Funds within the Probation Budget Unit to Cover the Cost of a Court Ordered Commitment of a Minor to California Youth Authority (CYA) ($7,300) (Probation); Res. 05-186 CA-11 Proclaim the Month of May 2005, as “Senior Awareness Month”, with the Theme this year of “Celebrate Long Term Living” (Community Services Director); the proclamation was presented to Mary Williams, Community Services Director during lunch service at the Senior Center. CA-12 Adopt a Certificate of Recognition Recognizing the 100th Birthday of Ila G. Barrett (Supervisor Turpin) 2:53 p.m. Adjournment in memory of Nancy Deann Riise. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board BY: RACHEL PETTY Deputy Clerk to the Board