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Folder Time Description 9:05 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Approval of Consent Agenda (See End of Minutes) NOTE: The Consent Agenda consists of items that are generally viewed as non-controversial and routine by the department. If the Board wishes to discuss an item, it will be removed from the Consent Agenda and moved to the end of the timed agenda; or at the Chair’s discretion, may be taken in conjunction with another item scheduled by the respective department. Otherwise, the Consent Agenda items are generally approved in one single motion. This is the appropriate time for the public to advise the Chair of any comments to the Consent Agenda or request to have an item removed from the Consent Agenda. BOARD ACTION: Input from the public was provided by the following: Bob Brown, District Attorney, provided input on item 3 and advised of a 23% increase in Driving Under the Influence citations (DUI’s). He stated that the District Attorney’s office is willing to pay the additional costs out of the District Attorney’s budget at this time; however, he plans to request an adjustment in the budget next year to cover the lab expense. Supervisor Fritz asked if the court charges the incarcerated person for these costs, and she asked if the new program requested by the Probation Department is going to help with tracking these costs and unpaid fines. Supervisor Bibby asked for clarification relative to the wording regarding the arresting agency and brought up a discussion from a few years back when the District Attorney researched other counties to see how they achieved this task. Further discussion was held relative to the break down of fees. Turpin, Fritz, the Consent Items were approved/Ayes: Unanimous. Chair Bibby advised of an addendum to the agenda to add a Closed Session; and she noted that the “Board Information” item was left off of this agenda, and it will be scheduled on the next agenda. Public Presentation: For items within the jurisdiction of the Board and not on today’s agenda. Paul Chapman stated that a few weeks ago he came to the Board and pointed out that the Civil War Reenactment is a violation of Section 51220.5 of the State Government Code. He read a portion of a letter sent to Sarah Williams, Deputy Director of Planning, from the Department of Conservation, dated June 2, 2005 concerning uses on Williamson Act contracted land. Dick Hutchinson advised that he had attended a meeting in Fresno to support membership for our County on the San Joaquin Valley Rail Committee. He presented posters and photos of the meeting to the Board and advised of media coverage. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA March 13, 2007 ---PAGE BREAK--- 2 3-13-07 Elaine Seymour emphasized that this was a united effort and it was successful because of the community effort. Chair Bibby advised there will be a timed item to discuss this further on the next agenda. Paul Hall of the Chamber of Commerce attended last week’s meeting relative to the San Joaquin Valley Rail Committee and stated that several other counties were in support of Mariposa’s request for two voting memberships. They want to give Mariposa County two memberships once they have amended their by-laws. He stated he strongly opposed re-routing the buses and that the businesses encouraged the Board to proceed with the memberships. Ken Gosting, from Transportation Involves Everyone (TIE), attended the meeting relative to the San Joaquin Valley Rail Committee. He showed posters and photos to the Board that were used at the meeting. He thanked Delaware North for the use of “Randy”, a bear they used in their promotion. The next meeting of the Technical Advisory Committee will be April 14th, and the full Committee on June 28th, 2007. Keith Williams, County Clerk/Treasurer/Tax Collector; Presentation of Investment Report by Fiduciary Trust, Investment Consultants Board Information BOARD ACTION: Eric Reynolds, Senior Vice-President, Fiduciary Trust, presented the annual report of the status of the County’s investment portfolio. Discussion was held. There was no public input. Philomene Schultz, Catheys Valley Western Fair Chairman; Discussion and Presentation in Regards to the Catheys Valley Western Fair Scheduled for May 19th and 20th, 2007 BOARD ACTION: Philomene Schultz presented information relative to the upcoming Catheys Valley Western Fair and invited the Board of Supervisors for a tour of the guest ranch. Discussion was held. Input from the public was provided by the following: Don Weston spoke in support of this event and commented on the benefit to the County. Carol Suggs, President of Mountain Riders and County wide 4-H Leader for the horse project, expressed the organizations support of this event and stated that on the same day the Mountain Riders are putting on their Poker Ride and they are hoping the participants will also enjoy the Catheys Valley Western Fair. Paul Chapman spoke in support of this event. He also stated this is what you are supposed to do for tourism and they should have started this sooner. Philomene Schultz provided the Board with a copy of her presentation and planned activities. Recess: 10:00 a.m. Reconvene: 10:16 a.m. Introductions Chair Bibby introduced Dawn Afman, District Conservationist with Natural Resource Conservation Service. Dawn Afman stated she is glad to be here and briefly described her position and the type of assistance they can provide to the community. Discussion was held. ---PAGE BREAK--- 3 3-13-07 Dana Hertfelder, Public Works Director; A) Authorize Public Works to Apply for $40,000 in Proposition 40 Funding for the Rehabilitation of the Mariposa County Park Pool using $30,000 from the Proposition 40 Funds set aside for the Mariposa Park and $10,000 of the Proposition 40 Funds set aside for the Regional Recreation Complex; and Approve an Agreement with Apex Composite Technology for Resurfacing and Renovating the Mariposa Pool and Authorize the Board of Supervisors Chair to Sign the Agreement BOARD ACTION: Public Works pulled this item and it will be rescheduled. B) Discussion and Possible Direction Regarding the Proposed Stanislaus National Forest Off Highway Vehicle Program BOARD ACTION: Dana Hertfelder expressed concerns regarding safety impacts on County road maintenance and issues with off highway vehicles and regular vehicle traffic on County roads. He advised this involves portions of Anderson Valley and Bull Creek Roads as part of Stanislaus National Forest’s proposed Off Highway Vehicle Route. Supervisor Turpin stated the County has an Ordinance that prohibits these types of vehicles on County roads, and he feels Stanislaus National Forest needs to mitigate this issue. Input from the public was provided by the following: Cathi Boze, Agricultural Commissioner, stated she was unaware of this proposal. She expressed concern with impacts on the weed control program for Yellow Starthistle that they have in the area. Her concern is private owners are in the programs to get rid of the weeds and these off road vehicles will spread the seeds. Supervisor Turpin advised that she can submit her concerns and comments in writing to the Stanislaus National Forest, along with anyone else who would like to comment. There was no objection from the Board for the Public Works Director to submit the letter he prepared. 10:00 a.m. Richard J. Benson, County Administrative Officer; Approve Mid-year Budget Requests/Recommendations Reducing General Contingency by $230,119 (4/5ths Vote Required); Allocate an Office Assistant I/II Position to Administration Effective April 1, 2007; Change the Allocation of the Secretary Position in Administration to .75 and Allocate .25 of this Position to County Counsel Effective April 1, 2007; Allocate a .50 Permanent Part Time Senior Office Assistant to Human Services Administration Effective Immediately; Allocate a Sergeant Position and Delete a Deputy Sheriff Position in the Sheriff’s Department Effective Immediately; Fund an Allocated Engineer Technician Trainee Position and Unfund an Engineering Technician Position in the Road Department; Approve the Purchase of Two Additional Vehicles in the Vehicle Replacement Fund Program BOARD ACTION: Rick Benson presented the staff report for the mid-year budget and described the process of compiling the staff report, thanking Mary Hodson and the Department Heads for their efforts and hard work. He also thanked Mike Coffield for the budget he prepared. Discussion was held relative to transient occupancy tax (TOT) and sales tax activity. Supervisor Pickard thanked Rick Benson for the detail on the outline. Rick Benson advised that the request from the Probation Department for a new computer program at a cost of $69,000 was not recommended at this time. Further discussion was held. Supervisor Pickard requested that the Chief Probation Officer come back to the Board for discussion relative to the request; and he asked about the status of the funding in the budget for the GASBE-34 requirement. Chris Ebie, Auditor, advised that the funding is still in the budget, and that he has sent out requests for proposals for performing this evaluation. It is extensive and includes an ---PAGE BREAK--- 4 3-13-07 evaluation of all facilities and roads and bridges, etc., and he does not feel that this work can be done in-house. Cindy Larca, HSD/Fiscal Officer, provided input concerning their request for a senior office assistant position. Discussion was held relative to the allocation of an office assistant position to Administration and the allocation of 25% of the secretary position to County Counsel. Supervisor Pickard asked about the status of the purchase of the water tender. Jim Middleton, Deputy Fire Chief, advised that they are in the final stages of having the water tender plumbed and hope to take delivery in May. Chris Ebie expressed concern with the status of the old program in Probation, especially with taking on the revenue and recovery program for fines and fees; and the potential impact on his office if the system fails. He also stated he has concern with the way the revenue and recovery program will be set up. Chair Bibby stated she would like the Auditor to be involved with this issue to ensure that it is user friendly for both departments; and she noted that the Auditor cut a portion of a position in his office during the budget process. She asked whether the districts will reimburse the County for indirect costs for the cost allocation plan. Chris Ebie advised that they are working on this issue; however, at this time the districts’ budgets are very lean. Supervisor Bibby asked about the status of changing the Airport budget to an enterprise fund. Chris Ebie reviewed what would be required. Supervisor Bibby asked for clarification, and was advised, that the extra help in the Administration budget would be eliminated in FY 2007-08 with the addition of the office assistant position. She expressed concern with the rising costs in indigent defense and stated she would like information on how other counties are doing. Mary Hodson, Deputy County Administrator, provided information on the indigent defense costs. Supervisor Bibby asked when a separate report will come back on the Tourism budget, and asked that information be provided on the status of the balances in the line items. Rick Benson advised that he plans to have a report to the Board in about three weeks. Supervisor Bibby initiated discussion relative to the Probation budget and budget adjustment to continue a grant funded position to the end of this fiscal year; and she asked whether the status of the grant affects any other departments. Rick Benson responded that the Sheriff is absorbing the grant-funded employee in a vacant position, and the District Attorney will be bringing back a request. Supervisor Bibby noted that it needs to be very clear to employees that fill grant-funded positions, that they are not guaranteed positions – the Board has a policy that when the grant funding goes away, that the position goes away. Dana Hertfelder, Public Works Director, and Chris Ebie, responded to questions relative to the late receipt of Airport revenue. Supervisor Bibby agreed with asking the Chief Probation Officer to come back to the Board with an item for the computer program, and with coordinating this request with the County Administrative Officer and with the Auditor. Carl Casey, PWD/Public Works Administrator, responded to questions relative to the budget adjustment for Solid Waste. Chair Bibby called for input from the public and none was received. Pickard, Fritz, Res. 07- 89 was adopted approving Mid-Year budget requests as recommended. Further discussion was held and commendations were made to the departments for staying within their budgets. Ayes: Unanimous. Lyle Turpin, Supervisor District II; Discussion and Possible Direction to Staff Regarding Current and Future Road Projects, Method of Financing these Projects, and a Timetable for Completion of these Projects ---PAGE BREAK--- 5 3-13-07 BOARD ACTION: Supervisor Turpin initiated discussion relative to the need for an approach of informing the public of the status of county maintained road repairs. He expressed concern with protecting the investment in the road system. Further discussion occurred relative to possible solutions to the maintenance funding issue including an increase of sales tax with the possibility of becoming a self-help county and the addition of a TOT tax on campsites within the county. Discussion was held relative to the work load Public Works is currently dealing with and the impact of additional projects being requested at this time. Dana Hertfelder, Public Works Director, advised that Public Works is fully staffed at this time; and he advised that they have been focusing on road maintenance. He also advised that the (STIP) State Transportation Improvement Program is hurting the department with the bulk of the money being diverted elsewhere in the State. Further discussion was held relative to the status of Proposition 42 funding; and Dana Hertfelder noted they are looking at a loss of $900,000 in revenue from what was received last year for road maintenance. Strong comments were made relative to being aggressive in obtaining funds from the state before going into the General Fund. He advised that Cogdill has sponsored SB 277 relative to the counties with unincorporated cities and the gas tax. Further discussion was held relative to the impact fees in regards to supporting the county as self-help. Rick Benson Pickard requested direction from the Board as to whether to prepare a report as to what would be required to increase the sales tax and TOT. Supervisor Turpin stated he was not in favor an increase in sales tax; and he advised that tourism industry is not in favor of a TOT increase, especially with the rockslide. He then asked Dana Hertfelder when he planned on coming back to the Board. Dana Hertfelder advised that he plans on coming back for the March 27th Board meeting with the SAFETEA-LU funding issue. Further discussion was held relative to the revenue loss for the Road Department, possible impacts resulting from the increase of sales tax and TOT tax and obtaining public input relative to the possible increases. Input from the public was provided by the following: Paul Chapman stated he feels too much of the Public Works budget goes to administration costs and that the Road Division should be pulled out of Public Works and be a separate department. He feels a dedicated block of County funds should exist and the money should be spent where it is supposed to go and that there should be better organization of road maintenance activities. Dick Hutchinson stated he hears comments asking for outside help and feels we need to look inside. He suggested we use a Film Commission to bring in revenue. Rick Benson responded that Kern County’s Film Commission was developed over a long time and that logistics are different and more difficult here. Dick Hutchinson stated if the (TOT) is raised, Mariposa would be higher than surrounding counties and tourists will go to the other counties. Discussion was brought back to the Board. Supervisor Turpin stated he appreciated all the input. He expressed concern about the discussion regarding coming up with another fee and he feels we have to be cautious about that, but we have to stand up to the plate. Chair Bibby requested the County Administrative Officer explore the issues raised and bring back some suggestions. Supervisor Fritz asked for information relative to how much funding could be raised, and if there is public support for increases in sales and TOT tax, with a break down on percentage increments on sales tax. Further discussion was held regarding consideration of including a TOT tax on campgrounds. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park (County Counsel/County Administrative Officer) BOARD ACTION: Rick Benson, County Administrative Officer, advised that he is reviewing the draft minutes prepared by the Clerk of the Board from the workshop and he will prepare a report with the ---PAGE BREAK--- 6 3-13-07 input received on the impacts from the rockslide. He also advised that he is pursuing the socio- economic study, with perhaps a joint venture with the Park Service. There was no public input. Pickard, Aborn, Res. 07-90 was adopted finding the local emergency due to the landslides on Highway 140 enroute to Yosemite National Park continues to exist, and continuing the local emergency based on the findings. Chair Bibby asked how long the Board can continue the local emergency. County Counsel advised that he will review this. Ayes: Unanimous. Dick Hutchinson advised that he is working to get photos and more data on the impacts. Chair Bibby and the County Administrative Officer advised that written input on the impacts is still being accepted. CLOSED SESSION: Public Employee Appointment and Conference with Negotiator; Interim Appointment of County Librarian; Discussion of Salary (Government Code Sec. 54947.6) BOARD ACTION: County Administrative Officer advised that this Closed Session was not needed. 12:28 p.m. CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Unrepresented; Name of County Designated Representative: Richard J. Benson; Title of Unrepresented Individuals with whom Negotiations are being Conducted: Interim County Librarian BOARD ACTION: Chair Bibby asked for public input regarding the Closed Session, there was none. Aborn, Fritz, the Closed Session was held/Ayes: Unanimous. Chair Bibby advised that the Board will return at 5:00 p.m. for the community workshop regarding the draft Economic Vitality Strategy for Mariposa County. 1:03 p.m. Chair Bibby announced that direction was given to staff as a result of the Closed Sessions. 5:13 p.m. Richard J. Benson, County Administrative Officer; Community Workshop Regarding the Draft Economic Vitality Strategy for Mariposa County BOARD ACTION: Rick Benson advised that this workshop is the continuation of what has been a two-year process of development of an economic strategy for the County. Marilyn Lidyoff, Administration/Business Development Coordinator, introduced Allison Larsen of Chabin Concepts, Inc., and Fawn McLaughlin of & Associates, and they reviewed the draft report. They responded to questions from the audience relative to the report and concerning ideas for economic strategy for the County. 6:39 p.m. Recess for the audience to provide individual input on display boards. 7:01 p.m. The Board reconvened. Chair Bibby thanked everyone for their participation in this process. CONSENT AGENDA: CA-1 Approve a Memorandum of Understanding (MOU) with Merced/Mariposa Counties of the American Red Cross for Cooperative Assistance to Displaced Families in the Event of a Disaster and Authorize the Board of Supervisors Chair to Sign the MOU (Fire Chief); Res. 07-81 CA-2 Re-appoint Kathleen A. Boze as Agricultural Commissioner and Sealer of Weights and Measures Effective May 1, 2007 (County Administrative Officer); Res. 07-82 ---PAGE BREAK--- 7 3-13-07 CA-3 Approve a Memorandum of Understanding (MOU) with John C. Fremont Healthcare District for Services to Draw Blood on Suspected Driving Under the Influence (DUI) and Drug Cases, for the Period of February 14, 2007 through February 13, 2008 and Authorize the Board of Supervisors Chair to Sign the MOU (District Attorney); Res. 07- 83 CA-4 Approve the Joint Powers Agreement and By-laws of the California Statewide Automated Welfare System Consortium IV (C-IV) to allow the Department to Join the Consortium and Upgrade the Statewide Computer System for Welfare and Approve a Memorandum of Understanding (MOU) with C-IV and Authorize the Board of Supervisors Chair to Sign the Agreement and the MOU (Human Services Director); Res. 07-84 CA-5 Approve Budget Action Transferring Funds within the Planning Department Budget to Cover the Increase for HTE License Fee and Additional Software for Editing the General Plan for the Internet ($450) (Planning Director); Res. 07-85 CA-6 Approve Investment Policy and Guidelines for Mariposa County (County Clerk/Treasurer/Tax Collector); Res. 07-86 CA-7 Approve an Agreement with Kenneth and Lamerna Mari in the Amount of $200 per Month for Secured Storage Facilities Capable of Storing the Elections Department Electronic Voting Machines (County Clerk/Treasurer/Tax Collector); Res. 07-87 CA-8 Approve Budget Action Transferring Funds within the Housing Authority Budget in Connection with a Previously Approved Request to Apply for Community Services Block Grant (CSBG), Discretionary Funds, Dated October 17, 2006 (Res. No. 06-484 ($16,752) (Human Services Director); Res. 07-88 7:02 p.m. (M)Fritz, (S)Aborn, adjournment in memory of Gladys Phillips, Isabel M. Casey and Stella L. Ramsey-Shockley/Ayes: Unanimous. Respectfully submitted, MARGIE WILLIAMS Clerk to the Board TRACY GAUTHIER Deputy Clerk of the Board