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Time Description 9:05 a.m. Meeting Called to Order at the Mariposa County Government Center Pledge of Allegiance Introductions Chair Turpin; Resolution and Tile Plaque Recognizing Eddie Ellis Upon his Retirement from the Assessor/Recorders Office BOARD ACTION: (M)Fritz, (S)Bibby, Res. 08-21 was adopted and presented to Eddie Ellis, along with a tile plaque/Ayes: Unanimous. 9:15 a.m. Recess 9:24 a.m. Approval of Consent Agenda (See End of Summary of Proceedings) 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: The Clerk of the Board noted that typographical corrections were made to the January 8th Summary of Proceedings in item 11. Supervisor Bibby pulled item 1. Supervisor Turpin pulled items 1 and 13. (M)Bibby, (S)Fritz, the balance of the items was approved/Ayes: Unanimous. Item 1 – Discussion was held with Dana Hertfelder/Public Works Director, relative to the status of the project and completion of the “punch list” items. Supervisor Bibby asked that the action be amended to reflect approval of the project as substantially complete and that the funds being held will not be released until the “punch list” items are complete. (M)Pickard, (S)Aborn, item 1 was approved with a change to reflect that the project is “substantially” complete/Ayes: Aborn, Turpin, Fritz, Pickard; Noes: Bibby. Item 13 – Following discussion with Dana Hertfelder, (M)Pickard, (S)Bibby, item 13 was approved/Ayes: Unanimous. Public Presentation: For Items within the Jurisdiction of the Board and not on Today’s Agenda. Mary Ann Huff, President of the Chamber of Commerce, advised that their mixer will be held this evening at Martha’s Boutique; their installation dinner is scheduled for Saturday at the Best Western Conference Room; and she plans to attend a leadership conference with other representatives of the Chamber. She advised that the golf course in Don Pedro is scheduled to open in February and their restaurant is open. The North County History Center is holding its re-opening event after redoing their displays this weekend, and they will be holding a fundraiser. MARIPOSA COUNTY BOARD OF SUPERVISORS SUMMARY OF PROCEEDINGS January 22, 2008 ---PAGE BREAK--- 2 1-22-08 Board Information Supervisor Fritz noted that it was a busy weekend in town. She plans to attend the RCRC (Regional Conference of Rural Counties) installation of officers’ dinner on Wednesday in Sacramento; Eastern Star dinner honoring law enforcement on January 26th; tour UC Merced on January 28th; and will hold a District IV meeting at the Government Center on February 4that 6:00 p.m. She noted the Lincoln Day dinner is scheduled for February 9th, and the 4-H Pancake Breakfast is scheduled for February 10th at the Best Western Conference Room. Supervisor Pickard plans to attend the RCRC annual meeting in Sacramento on Wednesday and the CMSP (County Medical Services Program) Governing Board meeting and the Plans and Benefits Committee meeting on Thursday; and tour UC Merced on January 28th. Supervisor Bibby advised that she attended the Mother Lode Job Training Board meeting in Sonora on Wednesday, and commented on the issues that were discussed. She attended the SCOPE awards program on Saturday, and she commended the volunteers for the services they provide. She plans to attend the FFA Project Competition awards ceremony in Merced on Wednesday. She noted that the ag-tourism workshop is scheduled for Saturday. She commended Logan Mankins and the Patriots. Supervisor Aborn commented on a recent editorial in the Mariposa Gazette written by Bob Linneman that referenced him. He noted that it was starting to snow in Midpines this morning, and he plans to attend the FFA Project Competition awards ceremony. Supervisor Turpin advised that he attended the Greeley Hill Community Club meeting on Thursday; a meeting with US Forest Service Stanislaus District Ranger Maggie Dowl on Wednesday; the Red Cloud Library meeting in Greeley Hill on Wednesday; the Water Agency Advisory Board meeting on Thursday; and the Don Pedro Homeowners’ Association meeting on Saturday. He plans to attend the ag-tourism workshop and the Chamber of Commerce installation of officers’ ceremony on Saturday; and the North County History Center fundraising event on Sunday. He advised that he will not be able to attend the noxious weed meeting on Wednesday; however, Supervisor Aborn agreed to attend. John Davis, Building Director / Jim Wilson, Fire Chief; Waive First Reading and Introduce Ordinance Amending Section 15.10.010 of the Mariposa County Code Entitled “Adoption of Uniform Codes” BOARD ACTION: Discussion was held with John Davis and Jim Wilson. Supervisor Bibby noted that the Chair’s name needs to be changed on the Ordinance. (M)Fritz, (S)Bibby, the first reading was waived and the Ordinance was introduced. The Clerk of the Board read the title of the Ordinance into the record. Ayes: Unanimous. 10:04 a.m. Becky Crafts, Assessor/Recorder; PUBLIC HEARING to Establish Social Security Number Truncation Program Fee and Establish a Trust Fund for These Additional Fees BOARD ACTION: Becky Crafts presented the staff report; and she responded to questions relative to access to the records; the status of implementation of the new software and maintenance and costs; and whether the costs qualify for SB-90 reimbursement. Supervisor Bibby requested that staff review to see if there are other departments that have Social Security numbers on documents that need to be redacted. The public portion of the hearing was opened and there was no input. The public portion was closed and the Board commenced with deliberations. Becky Crafts responded to a question from the Board relative to the impact this program has on the small counties and whether the Recorder’s Association could modify this. (M)Pickard, (S)Aborn, Res. 08-33 was adopted approving the $1.00 Social Security Number Truncation fee, effective February 1, 2008; and establishing the Trust Fund for these additional fees/Ayes: Unanimous. The hearing was closed. Discussion and Possible Further Action Regarding Continuation of the Local Emergency Due to Landslides on Highway 140 Enroute to Yosemite National Park; and Report and Possible Action Relative to Pursuing Options for the Interim Bridges to Allow Full Access to Traffic (County Administrative Officer) ---PAGE BREAK--- 3 1-22-08 BOARD ACTION: Rick Benson reported on the status of setting up a staff meeting with CalTrans and the affected agencies relative to pursuing options for the interim bridges. (M)Pickard, (S)Bibby, Res. 08-34 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/Ayes: Unanimous. 10:26 a.m. MARIPOSA COUNTY WATER AGENCY (Chair – Director Turpin; Vice-Chair – Director Aborn) A) Public Presentation – none. B) Selection of Chair and Vice-Chair (Clerk of the Board) AGENCY ACTION: (M)Fritz, (S)Bibby, Director Aborn was selected as the Chair and Director Turpin was selected as the Vice-Chair/Ayes: Unanimous. 10:28 a.m. Selection of Board Member Representation on Agencies (Clerk of the Board) BOARD ACTION: Discussion was held. Supervisor Bibby advised of efforts to contact the Mountain Counties Water Association, and she noted that the County has not been paying dues and we have not been receiving notices of their meetings. (M)Bibby, (S)Pickard, the Board agreed with removing the Mountain Counties Water Association from the agency list/Ayes: Unanimous. Supervisor Fritz suggested adding the High Speed Rail Authority, and it was agreed to add it to the liaison representation list which will be forthcoming for the Board’s review. (M)Pickard, (S)Bibby, the representation on agencies was approved with no further changes/Ayes: Unanimous. Review and Provide Direction Relative to Board Member Liaison Policy Areas and Selection of Board Member Representation (Chair Turpin) BOARD ACTION: Discussion was held. Supervisor Turpin noted that the Visitors’ Bureau should be deleted from the Developmental Services policy area as that is no longer a County department. Supervisor Pickard suggested that Supervisor Aborn replace him on the Developmental Services policy area since he is Chair of the Water Agency; and that he replace Supervisor Aborn on the Health and Human Services policy area since it includes policy areas for agencies that he represents the County on. (M)Fritz, (S)Aborn, the Board Member Liaison Policy Areas Board member representation was approved with the changes discussed/Ayes: Unanimous. 10:40 a.m. LOCAL TRANSPORTATION COMMISSION (Chair – Lyle Turpin, Vice-Chair – Dianne Fritz) A) Public Presentation – none. C) Adopt a Resolution Authorizing the Executive Director to Sign a Fund Transfer Agreement with the State of California for the STIP Planning, Programming and Monitoring (PPM) Program for Fiscal Year 2007-2008 in the Amount of ($63,000) (Public Works Director) COMMISSION ACTION: Following discussion with Dana Hertfelder, (M)Bibby, (S)Fritz, LTC Res. 08-3 was adopted approving the recommended action/Ayes: Unanimous. B) Selection of Chair and Vice-Chair (Clerk of the Board) COMMISSION ACTION: (M)Fritz, (S)Bibby, Commissioner Turpin was selected to continue as Chair, and Commissioner Fritz was selected to continue as Vice-Chair/Ayes: Unanimous. 10:45 a.m. Approve the Proposed Job Description of Agricultural and Standards Program Technician, Allocate one Position to the Agricultural Commissioner’s Department, Set the Salary at $2,592.20-$3,150.85 / Month, and Assign the Classification to SEIU; Approve Budget Action Transferring Funds within the Agricultural Commissioner’s Budget to Fund the Position ($16,335) (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Discussion was held. Cathi Boze, Agricultural Commissioner, provided input relative to the request. (M)Bibby, (S)Aborn, Res. 08-35 was adopted approving the recommended actions/Ayes: Unanimous. ---PAGE BREAK--- 4 1-22-08 Approve a $300 Stipend for a Registered Environmental Health Specialist (REHS) with no Experience and a $600 Stipend for a REHS with one Year of Experience Effective February 1, 2008 (County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Discussion was held with Rick Benson relative to the request. Input from the public was provided by the following: Paul Chapman commented on other positions that he feels should be considered, and he questioned how these stipends are justified. David Butler stated he would like to see the stipends limited to a relocation incentive and that there be a time limit. Ruth Catalan asked for clarification of what the position does. Supervisor Fritz and Rick Benson responded relative to the job duties of this job classification. Ruth Catalan stated she disagrees with paying someone $7,200 a year increase without others getting a raise; and she asked how many employees will receive the stipend. Further discussion was held; and staff was directed to come back with additional information relative to the impact this would have on the budget, regarding future removal of the stipend, how many other departments are in the same situations with vacancies and how will they be dealt with; which positions stipends have already been approved for, and whether the stipend could be limited to two years for review. Motion by Bibby that the Board members provide their concerns to the County Administrative officer so that they can be addressed when this item is brought back to the Board, was with drawn by the maker following discussion. It was agreed that this item would be brought back to the Board this afternoon. 11:40 a.m. CLOSED SESSION: Conference with Legal Counsel: Anticipated Litigation: Significant Exposure to Litigation Pursuant to Subdivision of Government Code Section 54956.9; Number of Cases to be Discussed: 2 (Chair Turpin) BOARD ACTION: (M)Aborn, (S)Fritz, the closed session was held/Ayes: Aborn, Turpin, Fritz, Pickard; Abstained: Bibby. 12:35 p.m. Lunch 2:09 p.m. Kris Schenk, Planning Director; LOCAL AGENCY FORMATION COMMISSION (LAFCo) Meeting (See Separate Minutes) 3:33 p.m. The Board of Supervisors reconvened. Chair Turpin announced that direction was received from counsel as a result of the Closed Session. Rick Benson provided the additional information that was requested relative to the stipend for the REHS positions and discussion was held. Dr. Mosher, Health Officer, provided input on the salary difference between the State and County employees in this job classification; and relative to their recruitment and retention efforts and the budget impacts. Sandi Laird/Administrative Analyst- Administration, clarified that the Associate Engineers are eligible for incentive pay versus a stipend. (M)Fritz, (S)Pickard, Res. 08-36 was adopted approving the recommended action, with direction to the County Administrative Officer that the stipend be revisited every couple of years to evaluate the necessity of the program. Supervisor Fritz stated she does not want to take the stipend away from someone who is receiving it, but the base salary could be increased for new employees to be compatible if recruitment no longer becomes a problem. Ayes: Unanimous. Leroy Radanovich, Yosemite/Mariposa County Tourism Bureau, Tourism Director; Resolution of Intention to Form Mariposa County Tourism Business Improvement District BOARD ACTION: Leroy Radanovich introduced Emily Summers, representing John Lambeth of Downtown Resources, and he advised that they have been assisting with the formation of the district. He advised that Kevin Shelton, Chair of the Tourism Bureau, and Directors of the Tourism Bureau, were present. An item will be scheduled on the Board’s agenda for March 11th at 11:00 a.m. to receive ---PAGE BREAK--- 5 1-22-08 comments on the formation of the district; and an item will be scheduled on the Board’s agenda for April 1st at 2:00 p.m. for the final formation of the district. Leroy presented the staff report. Kevin Shelton thanked the Board for its support and thanked Leroy for his work; and he advised that this is a tremendous opportunity for the County and for the tourism industry. Discussion was held. Emily Summers provided input on the renewal process for the district. Input from the public was provided by the following: Paul Chapman provided input on the services being provided and stated he feels that the Board needs to go to bid for this program. Ruth Catalan asked for clarification of whether the $510,000 request is in addition to the funds already being contributed by the County. Rick Benson advised that the request is to maintain the current contribution of the $510,000 and the final decision will be made by the Board. Herb Gloor, Mariposa Lodge owner, stated that having a small business, he supports this 100 percent. He realizes that they get their business as an overflow from Yosemite. Donna Nassar advised that she is the representative for the bed and breakfast businesses on the Tourism Bureau. Dan Jensen, Chief Operating Officer for Delaware North Corporation Parks and Resorts at Yosemite, provided input on his experience in the tourism industry. Jan Mennig, former President and Executive Director of the Chamber of Commerce and Chair of the Tourism Advisory Council, stated he feels that this plan is the best effort to attempt to solve funding for tourism promotion. Dick Hutchinson, representing the Business Association in town, commended Leroy for his efforts and advertising assistance to the merchants. Jerry Fischer, Yosemite Resorts, etc., commented that about 25 years ago, someone from the Yosemite concessionaire’s office suggested that there be a coordinated plan. He noted that there is no perfect plan, but he feels this is the best for how it might work for the County and he urged the Board’s support. Cherylann Schimmelfennig, owner of the Historic Hotel Jeffery and director of the Tourism Bureau, noted the trickle down affect for the businesses after the rooms in Yosemite fill; and she advised that they are seeing the impact from the Bureau’s efforts. She also noted that when the rooms are full, it helps all of the businesses. Candy O’Donel-Browne stated she is present today as someone who loves Mariposa; and she feels it is exciting to see this public-private partnership. Mary Ann Huff, President of the Chamber of Commerce and citizen of Coulterville, commented on the economic development impact and the collaboration between everyone to put Mariposa County on the map; and she urged support of this plan. Kris Casto agreed with Candy O’Donel-Browne, and stated she supports the private-public partnership. Discussion was held. Supervisor Bibby requested that a section be added to the resolution and Summary of the Plan to clarify that a separate annual budget request of County funds for augmentation will be considered by the County. Thomas P. Guarino, County Counsel, suggested that language be added to the resolution to reflect that “any County participation would be subject to the annual appropriation process.” (M)Fritz, (S)Aborn, Res. 08-37 was adopted - Intention to Form Mariposa County Tourism Business Improvement District, with the change as suggested by County Counsel. Board members commended Leroy Radanovich and the Tourism Bureau for this work on this. Ayes: Unanimous. 5:09 p.m. Recess 5:24 p.m. Approve Termination of the Current Small Claims Legal Advisor Agreement for Fiscal Year 2007-2008 and Approve and Authorize the Board of Supervisors Chair to Sign a New Small Claims Legal Advisor Agreement for the Remainder of Fiscal Year 2007-2008 (County Counsel) BOARD ACTION: Following discussion, (M)Bibby, (S)Aborn, Res. 08-38 was adopting approving the recommended actions/Ayes: Unanimous. ---PAGE BREAK--- 6 1-22-08 5:26 p.m. A) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: DSA (Deputy Sheriff’s Association); Name of County Designated Representative: Richard Bolanos; and B) CLOSED SESSION: Conference with County Labor Negotiator; Name of Employee Organization: SMA (Sheriff’s Management Association); Name of County Designated Representative: Richard Bolanos (Richard J. Benson, County Administrative Officer/Personnel/Risk Manager) BOARD ACTION: Supervisor Bibby excused herself from the meeting for these matters due to her previously stated potential conflict of interest that if there is a compaction issue, her husband is employed by the SMA and her cousin by DSA. (M)Fritz, (S)Aborn, the closed sessions were held/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. 5:36 p.m. Chair Turpin announced that information was received as a result of the closed session matters. CONSENT AGENDA CA-1 Accept the Don Pedro Wastewater Treatment Facility, Project No. 91-05, as Complete and Authorize the Public Works Director to File a Notice of Completion (Public Works Director); Res. 08-31, with change CA-2 Approve a Three-Year Agreement with American Geological Services, Inc. for Continued Monitoring at the Mariposa-Yosemite Airport in the Amount of $15,000 and Authorize the Board of Supervisors Chair to Sign the Agreement (Public Works Director); Res. 08-22 CA-3 Authorize the Transfer of a Mariposa County Owned Surplus Vehicle to the Sheriff’s Office and the Transfer of a Mariposa County Owned Sheriff’s Vehicle to Surplus for Auction (Sheriff); Res. 08-23 CA-4 Adopt a Resolution Consolidating for the Wawona Precinct only (of Which Wawona- Fish Camp Area are a Part of the Following School Districts), Bass Lake School District Elections with the February 5, 2008 Presidential Primary Election, Pursuant to EC 10401; Direct the County Clerk to Canvass Returns of Said Election Pursuant to EC 15301; Direct the County Clerk to Bill the Madera County Office of Education in Full for Cost of their Respective District (County Clerk/Treasurer/Tax Collector); Res. 08-24 CA-5 Accept Resignation of Tony Amundson from the Mariposa County Mental Health Board (Human Services Director) CA-6 Approve Budget Action Transferring Homeland Security Grant Funds to Reflect Changes in Grant Projects to Upgrade the Reverse 911 System and to Replace Jaws of Life Units ($27,722) (Fire Chief); Res. 08-25 CA-7 Approve an Agreement with San Joaquin County Health Department for Participation in a Computerized Immunization Registry Program for Fiscal Year 2007-2008 and Authorize the Board of Supervisors Chair to Sign the Agreement (Health Officer); Res. 08-26 CA-8 Appoint Marvin Wells to the Midpines Planning Advisory Committee for a Term Expiring on February 28, 2009 (Planning Director) ---PAGE BREAK--- 7 1-22-08 CA-9 Approve the Awarding of Certificates of Recognition to the Mariposa County Students who Competed in the Merced/Mariposa Section FFA Project Competition (Supervisor Bibby) CA-10 Adopt a Resolution Commending the Chamber of Commerce’s 2007 Business Woman of the Year, Kris Casto and the 2007 Business Man of the Year, Matt Foraker and Approve a Certificate of Recognition to the 2007 Business of the Year, Peter & Cherlyann Schimmelfennig, Owners of “The Hotel Jeffery” (Chair Turpin); Res. 08- 27/Casto and Res. 08-28/Foraker and Certificate/Hotel Jeffery CA-11 Approval of Summary of Proceedings of January 8, 2008; and Approval of Summary of Proceedings of January 15, 2008, Regular Meetings (Board Clerk) CA-12 Approve Extra Help Agreement for Cadastral Drafting Technician II at Step five for the Assessor/Recorder’s Office for Training of Qualified Applicant (Assessor/Recorder); Res. 08-29 CA-13 Approve the Plans and Specifications for Priest Coulterville Road – 2006-03, Storm Damage Project # 06-20; Authorize the Public Works Director to Award to the Lowest Responsible Bidder; Approve Budget Action Accepting Unanticipated Revenue from the State and Allocating Appropriations Toward the Road Improvements ($411,424) (4/5ths Vote Required) (Public Works Director); Res. 08-32 CA-14 Approve a Lease Agreement with Robert Bondshu for Additional Office Space for the Fire Department and Authorize the Board of Supervisors Chair to Sign the Agreement; Approve Budget Action Transferring Funds within the Fire Budget for the Lease of Additional Office Space ($6,000) (County Administrative Officer/Personnel/Risk Manager); Res. 08-30 5:37 p.m. (M)Fritz, (S)Aborn, the Board adjourned in memory of Patricia Picardi-Myers, Gerald Reeser, and Lucille Eva Klein/Ayes: Aborn, Turpin, Fritz, Pickard; Excused: Bibby. Respectfully submitted, MARGIE WILLIAMS, Clerk of the Board LYLE TURPIN, Chair, Board of Supervisors