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Time Description 9:09 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Marjorie Wass, Treasurer; Investment Report by Fiduciary Trust, Investment Consultants BOARD ACTION: Marjorie Wass introduced Eric Reynolds, Fiduciary Trust; and he gave a report on the status of the County’s investments. Discussion was held. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda Ruth Sellers, representing Transportation is for Everyone, presented the Board with high speed rail alignment alternatives and station options information from the March 22nd California High Speed Rail Authority meeting. She noted that they are looking at the Altamont Pass and Highway 152 routes. Jim Allen, Sheriff, commented on the closed session announcement that the Board released on Monday relative to labor negotiations; and he thanked the Board and stated he appreciates the announcement and hopes that negotiations will move forward. He advised that the Board has his commitment to work together for the public safety. He also advised that he will use the negotiation numbers in the announcement for his recruitment efforts. Bob Brown, District Attorney, thanked the Board for its efforts. He noted that this crisis with public safety has been extraordinary and he appreciates the extra efforts that have been made to help resolve the matter. He also stated he feels that this crisis has brought to light the bigger picture that involves all employees in the County, and he asked the Board to consider appointing a citizen advisory committee to look at personnel in the County, with specific emphasis on a marketing study comparison. He stated he feels that it would be beneficial to have the public involved in this process. Kristy Waskiewicz, AFSCME representing Mariposa County Management and Confidential employees (MCMCO), asked that it be remembered that they are also trying to be in labor negotiations. She stated she feels that the County engaged in bad faith bargaining and she feels that they have been lied to. She advised that she is submitting documentation/formal complaint to the State. She stated the County has refused to return to the bargaining table since January and demanded an immediate return to the table by the County. Tom Guarino, County Counsel, advised that he was appointed on Monday to handle personnel, risk management, and labor negotiations and he has spoken with the other two bargaining units and asked staff to schedule a meeting with her to continue with labor negotiations. He advised that he would meet with Kristy during the break to schedule the next bargaining session. Jim Dulcich stated he feels the sound system in the Board Chambers needs to be improved, and that the speakers need to be used in the lobby when there is a crowd. He stated that now that the County Administrative Officer is gone, he does not want to see the Board use him as the fall person. He feels that the Board needs to take its share of the blame and needs to do what the public pays it to do – administer the County. He stated he feels that things went too far with the Sheriff’s staffing situation and we are losing good staff. He feels that the Board needs to salvage what it can and keep business running. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA March 28, 2006 ---PAGE BREAK--- 2 3-28-06 Eleanor Keuning stated she agrees with the problem with the sound system. She referred to recent articles in the Mariposa Gazette relative to the Sheriff’s Department and labor negotiations; and she noted that a Board member has excused herself from these matters due to her spouse being employed by the Department. She stated she feels that in future elections, the citizens need to know if Board members are related to anyone in the County and whether they will need to excuse themselves due to potential conflicts of interest. Ron Enos, Hunters Valley, commented on what a good Fair we have in the County and that there are no problems. He stated he feels that the Sheriff’s Department does a wonderful job, and he noted that they took care of problems that he had in his area. He stated he is concerned that if the Department is not taken care of, that there will be more problems. Board Information Supervisor Bibby presented statistical information on the visitation for the Storytelling Festival and she advised that it was a success. Supervisor Stetson noted that the arts are a tremendous benefit to the County, including the Storytelling Festival. Supervisor Bibby commented on the public presentation relative to the need to know if someone is related in the County; and she advised that she has been married to her husband, Joel, for over twenty years. While she was in office, her cousin was hired at the Jail and she has no control over that. She also noted that she watches for any potential conflicts of interest. Supervisor Pickard advised that the Board met in continued sessions last week for closed sessions and has been working hard to try to resolve the problems with the Sheriff’s Department. He noted that we depend on the employees and they are fine people. Supervisor Turpin commented on the situation with staffing at the Sheriff’s Department, and he advised that the Board has put a lot of energy into addressing this situation. It has been a tough time for everyone and the matter needs to be resolved. He advised that they held a productive Pedestrian and Equestrian Trails Advisory Committee meeting in Don Pedro. This Wednesday and Thursday, he plans to attend the CSAC conference in Sacramento. Thomas P. Guarino, County Counsel / Dana Hertfelder, Public Works Director; Waive First Reading and Introduce Ordinance; Rescinding Urgency Ordinance 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: Chairman Stetson advised that this matter has been pulled from the agenda. Supervisor Fritz advised that she plans to attend the CSAC conference in Sacramento on Wednesday and Thursday. She also noted that the Soroptimist will hold their annual Gold Rush dinner/dance on April 1st. Dana Hertfelder, Public Works Director; Appoint the Following Members to the Water Agency Advisor Board: District I/Tom Standen; District II/Harter Bruch; District III/Walt Palmer; District IV/Leroy Radanovich; and District V/Mike Coffield. In Addition, Letters were Received from the Following Persons by Public Works that could be Considered for the At-Large Position; Robert Keller, Michael Martin, Bart Brown, Paul Chapman. Staff is Looking for Direction Relative to Filling this At-Large Position. BOARD ACTION: Discussion was held with Dana Hertfelder relative to the appointments. (M)Fritz, (S)Turpin, the following persons were appointed to the Water Agency Advisory Board as recommended: Tom Standen, Harter Bruch, Walt Palmer, Leroy Radanovich, and Mike Coffield/Ayes: Unanimous. Discussion was held relative to filling the at-large position and possibly increasing the membership to seven people due to the number of applications that were received. Supervisor Bibby asked if staff could verify Mr. Martin’s residency and asked if additional information on his background could be provided. (M)Pickard, (S)Turpin, Robert Keller was appointed to the at-large position/Ayes: Turpin, Fritz, Pickard; Noes: Bibby, Stetson. Supervisors Bibby and Stetson stated they would prefer to have someone else appointed ---PAGE BREAK--- 3 3-28-06 to the at-large position initially. Further discussion was held. (M)Pickard, (S)Fritz, direction was given to Public Works to bring back an agenda item to add a seventh member to the Water Agency Advisory Board. Supervisor Pickard asked County Counsel to assist in researching to see what needs to be modified for this action. Ayes: Unanimous. Supervisor Fritz suggested that consideration be given to interviewing applicants for the added position. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: Supervisor Bibby and Supervisor Turpin pulled items 5 and 10. (M)Fritz, (S)Turpin, the balance of the items was approved/Ayes: Unanimous. Consent Agenda item 5 – agreement with Daniel Smith & Associates for capital improvement program. Supervisor Bibby noted a spelling error in the compensation amount and she noted that the agreement was already signed. Tom Guarino, County Counsel, advised that the recommended action is to ratify the agreement. Supervisor Fritz noted that the Tax ID number needed to be redacted from any of the public copies. (M)Bibby, (S)Turpin, Res. 06-117 was adopted ratifying the agreement with the typographical correction to be made/Ayes: Unanimous. Consent Agenda item 10 – agreement with Mead Hunt for Mariposa-Yosemite Airport Master Plan Update. Supervisor Bibby asked whether this item includes possible future expansion of the Airport. Dana Hertfelder, Public Works Director, responded and advised that it may include expansion. Supervisor Bibby excused herself from this item at 10:09 a.m. Following discussion, (M)Turpin, (S)Pickard, item 10 was approved/Ayes: Stetson, Turpin, Fritz, Pickard; Excused: Bibby. Supervisor Bibby returned at 10:10 a.m. and advised that she excused herself from this mater due to a potential conflict of interest as she has a possible remainder interest in property adjoining the Airport. Approval of Minutes of March 14, 2006, Regular Meeting (Clerk of the Board) BOARD ACTION: (M)Pickard, (S)Fritz, the minutes were approved/Ayes: Unanimous. Direction to Staff with Respect to Sending a Draft Memorandum of Understanding to the Administrative Office of the Courts for use of the Historic Mariposa County Courthouse (County Counsel) BOARD ACTION: Discussion was held with Tom Guarino, County Counsel, relative to the draft MOU. (M)Pickard, (S)Fritz, direction was given for the draft MOU to be submitted to the Administrative Office of the Courts. Further discussion was held. Supervisor Bibby recognized the support of the Superior Court Judges throughout this process; and she and Supervisor Pickard thanked everyone who has been involved in this process. Supervisor Fritz asked about providing this information to the CSAC committee that is working on the historic courthouse issues. Tom Guarino advised that the draft MOU is public information. Ayes: Unanimous. Discussion, Direction, and Action Regarding Approval of the Best, Best & Krieger Contract for Negotiation Services and Termination of Negotiation Services (County Counsel) BOARD ACTION: Tom Guarino, County Counsel, initiated discussion relative to the contract; and he advised that with the changes in Administration and duties, the portion of the contract for Best, Best & Krieger to sit at the table as the County’s representative for labor negotiations is no longer necessary. However, it is necessary to maintain other portions of the contract for services. He advised that the original contract did not meet all of the formalities, and he recommended that authorization be given for the Chairman to sign the contract, and he will add his signature line approving the contract as to form. Supervisor Bibby commented on the letter from the Auditor and asked for clarification relative to the services provided and payments made. Supervisor Pickard clarified that the Board is taking action to ratify the agreement and asked about the term of services. (M)Pickard, (S)Turpin, Res. 06-119 was adopted ratifying and authorizing the Chairman to sign the agreement with Best, Best & Krieger, with the change to relieve them of the portion of services to provide labor negotiations at the bargaining table/Ayes: Unanimous. ---PAGE BREAK--- 4 3-28-06 CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Mariposa County Managerial/Confidential Organization (MCMCO); Name of County Designated Representative: Rich Inman, County Administrative Officer (County Administrative Officer); and CLOSED SESSION: Conference with Legal Counsel; Anticipated Litigation: Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section45956.9. Number of cases to be Discussed: 1 (County Counsel) BOARD ACTION: Supervisor Bibby clarified with County Counsel that she doesn’t have any potential conflict of interest with the closed session matter concerning anticipated litigation. (M)Bibby, (S)Pickard, the closed sessions were held/Ayes: Unanimous. 10:29 a.m. Supervisor Bibby excused herself from the following matters due to a potential conflict of interest as 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: Rich Inman, County Administrative Officer (County Administrative Officer); and CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: Deputy Sheriffs’ Association (DSA); Name of Designated Representative: Rich Inman, County Administrative Officer (County Administrative Officer) BOARD ACTION: (M)Pickard, (S)Fritz, the closed sessions were held/Ayes: Stetson, Turpin, Fritz, Pickard; Excused: Bibby. 11:52 a.m. Chairman Stetson announced that direction was given to staff as a result of the closed session matters. CONSENT AGENDA: CA-1 Approve and Authorize the Director of Child Support Services to Sign the Plan of Cooperation between Mariposa County Department of Child Support Services and California State Department of Child Support Services (Child Support Services Director); Res. 06-103 CA-2 Approve Budget Action Transferring funds within the Boating Safety Budget for the Purchase of Educational Items Promoting Water Safety Practices ($1,173) (Sheriff); Res. 06-104 CA-3 Approve and Authorize the Chairman of the Board of Supervisors to Sign a Lease Agreement between William A. Freeman and the County of Mariposa for the Property Located at 5012 Fairgrounds Drive Mariposa County for use by the Animal Control Division in the Amount of $20,474 (Sheriff); Res. 06-105 CA-4 Adopt a Resolution Authorizing the Chairman of the Board of Supervisors to Sign a Contract to Participate in Boating Safety and Enforcement Financial Aid Program for Fiscal Year 2006-2007 (Sheriff); Res. 06-106 CA-5 Approve Agreement with Daniel Smith & Associates for Capital Improvement Program and Impact Fee Ordinance (County Administrative Officer); Res. 06-117 ratifying the agreement, with the typographical correction to be made CA-6 Approve the Deletion of the Position of Representative of Yosemite National Park Fire on the County Emergency Medical Care Committee (Health Officer); Res. 06-107 ---PAGE BREAK--- 5 3-28-06 CA-7 Adopt a Resolution Authorizing the Health Officer to sign the Rental Agreement with Fair District in the Amount of $374.00 (Health Officer); Res. 06-108 CA-8 Approve the list for 5-Year Tax Defaulted Parcels Scheduled for Auction on August 25, 2006 (Treasurer); Res. 06-109 CA-9 Approve and Authorize the Chairman of the Board of Supervisors to Sign Investment Policy and Guidelines for Mariposa County (Treasurer); Res. 06-110 CA-10 Approve Scope and Authorize Public Works Director to Execute Agreement with Mead Hunt for Mariposa-Yosemite Airport Master Plan Update and Authorize the Chairman of the Board of Supervisors to Sign (Public Works Director); Res. 06- 118 CA-11 Adopt a Resolution to Extend the Professional Service Agreement with Fred Solomon for Project Management Services to June 30, 2006 and Increase compensation in the Amount not-to-exceed $2,000 for Completion of the Compost Facility (Public Works Director); Res. 06-111 CA-12 Authorize a Continuing Contract for FY 2005-2006 between the County of Mariposa and Value Options (VO) for Administration of Mental Health Counseling and Medication Services for Foster Children Placed out of County; and Authorize the Chairman of the Board of Supervisors to Sign the Contract (Human Services Director); Res. 06-112 CA-13 Approve a Continuing Behavioral Health Contract for Mental Health Services under the SAMHSA Grant with the MACT Health Board; and Authorize the Chairman of the Board of Supervisors to Sign the Contract (Human Services Director); Res. 06-113 CA-14 Adopt a Resolution Authorizing the Human Services Director to 1) Execute the 2006 Low Income Home Energy Assistance Program (LIHEAP) Agreement 06B- 5373; 2) Accept an Advance of $62,391 in anticipated Revenue from LIHEAP Agreement 06B-5373; 3) Authorize Human Services to Continue to Coordinate the Weatherization Portion of the Program with the Central Valley Opportunity Center (CVOC); and 4) Authorize the Human Services Director to Execute Subsequent amendments to this Agreement with the State Department of Community Services and Development (Human Services director); Res. 06-114 CA-15 Approve a Contract with Central Valley Opportunity Center (CVOC) to 1) Provide Weatherization Services in the Homes of Low Income Residents; 2) Authorize the Chairman of the Board of Supervisors to Sign the Contract; 3) Authorize the Employment and training Unit to Continue to Search for a Trainee who is Interested in Construction and Weatherization (Human Services Director); Res. 06-115 CA-16 Authorize the Human Services Director to 1) Accept One-Time Money and Execute the Petroleum Violation Escrow Account (PVEA) Weatherization Agreement 05P-6122; 2) Approve Budget Action Increasing Revenue and Expenditures ($6,265) (4/5ths Vote Required); 3) Authorize Human Services to Continue to Coordinate the Weatherization Services with the Central Valley Opportunity Center; and 4) Authorize the Human Services Director to Execute Subsequent Amendments to this Agreement with the State Department of Community Services and Development (Human Services Director); Res. 06-116 ---PAGE BREAK--- 6 3-28-06 11:53 a.m. Adjournment in memory of Michael George Hancock, Floyd Bernell Sartain, Evelyn Marion Lockwood, Thelma Preston, and Kevin Mark Southerland. Respectfully submitted, MARGIE WILLIAMS Clerk of the Board