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Time Description 9:09 a.m. Meeting Called to Order at the Mariposa County Government Center, with Supervisor Turpin excused due to illness. Pledge of Allegiance Introductions Lee Stetson, Chairman; Proclaim the Week of April 17th Through the 23rd, 2006, as “Mariposa- Clean and Proud” Week BOARD ACTION: (M)Pickard, (S)Bibby, the Proclamation was approved and presented to Chris Todd, representing the Clean and Proud Committee/Ayes: Stetson, Bibby, Fritz, Pickard; Excused: Turpin. Chris Todd thanked everyone for their support and help with this event, including Norm Murrell, Sheriff’s Department, SCOPE, Pizza Plus and Happy Burger. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Candy O’Donel-Browne advised that the Sierra Business Council will hold a public forum on building vibrant Sierra communities on Wednesday at 1:00 p.m. in the Board Chambers. Eleanor Keuning commended Chris Todd and her organization for picking up trash. She advised that she picks up trash when she walks, and encouraged other walkers to do the same throughout the year. Len McKenzie, MERG, advised that they are opposed to Consent Agenda item 6 regarding the resolution requesting the Senate update the Endangered Species Act. He stated they feel the Act has been effective and he pointed out areas where they disagree with the information in the proposed resolution. He asked the Board to adopt a resolution urging the Senate to not support this legislation. Richard Hutchinson stated he spoke with six departments and he did not find any departments that the Board members have visited; and he continued his previous challenge for the Board members to visit the departments. Dick Kunstman, Conservation Chair for the Yosemite Area Audubon, stated he does not feel that Consent Agenda item 6 relative to the Endangered Species Act should be a consent agenda item. He provided input on the proposed resolution and areas of disagreement. He asked that the Board postpone consideration of this item for two weeks and place it on the timed agenda to give the public an opportunity to present additional information to the Board. Grace Bartel, President of the Homeowners Association of Yosemite West, advised that they are in favor of lifting the moratorium in Yosemite West. John Davis, Building Director, provided an update on the status of the Trabucco warehouse building and the continued removal of the bricks and debris. Ron Wiley of the Pizza Factory contracted with Roger Stephens and Thor Matteson to do a structural survey of the building and to come up with a design to make the building structurally sound. Supervisor Bibby asked that events at the Arts Park be coordinated with the work on the building. Board Information MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA April 18, 2006 ---PAGE BREAK--- 2 4-18-06 Supervisor Bibby invited everyone to attend the First 5 Building Blocks Preschool program grand opening in Lake Don Pedro on April 21st; and to the Mariposa Middle School’s dedication of the multi- purpose room on April 22nd. Supervisor Fritz advised that she plans to attend the San Joaquin Valley Regional Association of California Counties conference in Fish Camp, and the Soroptimist conference in Santa Clara this week. She advised of the upcoming Events Committee meeting and the District IV meeting in May. She also advised that the Clean and Proud event will take place in the town area of Mariposa this year. Supervisor Pickard advised that he and Supervisor Turpin attended the Emerging Technology conference on Monday, along with staff; and they will provide a report on a future agenda. He provided a status report on AB 1960, the gas tax equity bill that recognizes counties with no incorporated cities. 9:45 a.m. Recess 10:01 a.m. Thomas P. Guarino, County Counsel and Dana Hertfelder, Public Works Director; Waive First Reading and Introduce Ordinance Rescinding No. 934 Restricting Water and/or Sewer Hook-Ups and the Issuance of Building and Other Permits for any Property within the Yosemite West Maintenance District. BOARD ACTION: Tom Guarino provided information on the process with the Regional Water Quality Control Board and the proposed ordinance to lift the moratorium. He advised that the only remaining issue is the lifting of the Cease and Desist Order and it is not tied to the moratorium. Supervisor Pickard clarified with County Counsel that if the Board lifts the moratorium on building in Yosemite West, that the Cease and Desist Order still remains in effect with the Regional Water Quality Control Board, and that does not hinder the County in any way in processing building permits. Discussion was held. Supervisor Bibby asked for clarification relative to assurance that the Cease and Desist Order has been complied with, and she asked whether anything has been received in writing from the Regional Water Quality Control Board regarding lifting the moratorium. Tom Guarino advised that if the County’s doesn’t receive a written response from the Regional Water Quality Control Board by April 24th (which is before the adoption date for the Ordinance), then we are okay to move forward with the process. He further advised that in the event anything is received, he will bring it to the Board’s attention. Chairman Stetson called for input from the public and none was received. (M)Pickard, (S)Fritz, based on staff’s recommendation and letter of February 24th from the Public Works Director that this project has been completed and within the guidelines and specifications of the Cease and Desist Order and in compliance with the construction and operation of the maintenance district for Yosemite West, the first reading was waived and the Ordinance introduced rescinding Ordinance No. 934. Further discussion was held. Supervisor Bibby asked that if anything changes with the Water Board, that staff bring back that information; and she asked about the status of the amnesty program. Dana Hertfelder advised that he will check on the status of the amnesty program. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Stetson, Bibby, Fritz, Pickard; Excused: Turpin. Lee Stetson, Chairman/Interim County Administrative Officer; Presentation of Visitor Bureau Activities. BOARD ACTION: Susan Crain, Tourism Coordinator, advised that representatives of the Tourism Advisory Council were present, and she introduced Becky Blakemore, Office Assistant. Susan gave a presentation of the Visitor Bureau activities. Discussion was held. Supervisor Bibby suggested that quarterly reports be given. Susan thanked the Visitors’ Bureau staff of the Chamber of Commerce for the great job they do with working with the tourists. 11:02 a.m. Recess 11:16 a.m. Christopher Ebie, Auditor; Adopt a Resolution Raising the Fixed Asset Threshold from $1000 to $5000 Effective July 1, 2005. ---PAGE BREAK--- 3 4-18-06 BOARD ACTION: Discussion was held with Chris Ebie relative to the request. (M)Fritz, (S)Bibby, Res. 06-136 was adopted approving the request. Supervisor Bibby asked that information be provided to the departments relative to the fixed asset form and the change. Ayes: Stetson, Bibby, Fritz, Pickard; Excused: Turpin. Jacque Meriam, Librarian; Authorize the Mariposa County Librarian to Apply and Accept the Bill and Melinda Gates Foundation Public Access Hardware Upgrade Program. BOARD ACTION: Following discussion with Jacque Meriam, (M)Pickard, (S)Bibby, Res. 06-137 was adopted approving the request/Ayes: Stetson, Bibby, Fritz, Pickard; Excused: Turpin. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Pickard pulled item 6. Supervisor Bibby pulled item 3 and 4. (M)Fritz, (S)Pickard, the balance of the items was approved/Ayes: Stetson, Fritz, Bibby, Pickard; Excused: Turpin. Consent Agenda item 6 – Endangered Species Act. Supervisor Pickard advised that this matter was placed on the agenda at the request of RCRC and the California Natural Resources Group. He advised that there is no legislation at this time for this issue. It is a request to encourage Congress to begin looking at this and have a public discussion of the Habitat Conservation Plans. He suggested that this matter be agendized in two to three weeks with a letter from the Chair versus a resolution, and that input be accepted from the public. Supervisor Bibby suggested that input also be sought from the departments. Consent Agenda item 3 – resignation of Brian Muller from the Mental Health Board. Supervisor Bibby stated she would like to see the Sheriff’s Department represented on this Board in the future. (M)Bibby, (S)Fritz, item 3 was approved/Ayes: Stetson, Bibby, Fritz, Pickard; Excused: Turpin. Consent Agenda item 4 – contract with Apex Composite Technology for work on the El Portal pool. Supervisor Bibby initiated discussion and asked for clarification of the bin to be provided for disposal of the materials; and she asked about the status of the Proposition 40 funds for this project. Dana Hertfelder, Public Works Director, responded to the questions. (M)Bibby, (S)Fritz, item 4 was approved/Ayes: Stetson, Bibby, Fritz, Pickard; Excused: Turpin. MARIPOSA COUNTY BOARD OF SUPERVISORS/MARIPOSA PARKING DISTRICT CLOSED SESSION: Conference with Real Property Negotiator; Mariposa Parking District, Agency Negotiator: Thomas P. Guarino, Closed Session will Concern Terms of Purchase (County Counsel) BOARD ACTION: Tom Guarino, County Counsel, asked that this closed session be continued. CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Mariposa County Managerial/Confidential Organization (MCMCO); Name of County Designated Representative: Thomas P. Guarino, County Counsel / (Interim Personnel-Risk Manager); and CLOSED SESSION: 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 (County Counsel/Interim Personnel Risk Manager) BOARD ACTION: (M)Bibby, (S)Pickard, the closed sessions were held/Ayes: Stetson, Bibby, Fritz, Pickard; Excused: Turpin. 11:42 a.m. Supervisor Bibby excused herself from the following closed session matters as her cousin is employed at the Jail and her husband is employed by the Sheriff’s Department. CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Sheriffs’ Management Association (SMA); Name of County Designated Representative: Thomas P. Guarino, County Counsel / (Interim Personnel-Risk Manager); and CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Deputy Sheriffs’ Association (DSA); Name of Designated Representative: Thomas P. Guarino, County ---PAGE BREAK--- 4 4-18-06 Counsel / (Interim Personnel-Risk Manager) BOARD ACTION: (M)Fritz, (S)Pickard, the closed sessions were held/Ayes: Stetson, Fritz, Pickard; Excused: Turpin, Bibby. 1:53 p.m. Chairman Stetson announced that direction was given to staff as a result of the closed session matters. CONSENT AGENDA: CA-1 Adopt a Resolution Approving the Proposed Road Name “Pine Canyon Road” for the Subject Easement (Planning Director); Res. 06-138 CA-2 Adopt a Resolution Approving the Hiring of an Extra-Help Office Assistant I at Step 5 of Salary Range 92 ($10.3070/hour) (Building Director); Res. 06-139 CA-3 Accept the Resignation of Brian Muller from the Mental Health Board; (Human Services Director) CA-4 Adopt a Resolution Approving the Contract with Apex Composite Technology for the Resurfacing and Renovation of the El Portal Pool and Authorize the Chairman of the Board of Supervisors to Sign the Contract (Public Works Director); Res. 06-141 CA-5 Authorize Mariposa County Employees to Donate Vacation Time to an Assessment Recording Clerk (Assessor-Recorder); Res. 06-140 CA-6 Discussion and Possible Direction to the Board of Supervisors Regarding the Signing of a Resolution Requesting the Senate Update the Endangered Species Act (Supervisor Pickard); Matter was pulled following discussion to be rescheduled 1:54 p.m. Adjournment in memory of William E. Greer and David Anthony Shackelton. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board