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Time Description 9:03 a.m. Meeting Called to Order at the Mariposa County Government Center Chair Bibby advised of an addendum to the agenda to add Consent Agenda item 4 – resolution authorizing and providing for the incurrence of the indebtedness for the Don Pedro wastewater project for the second bond. Pledge of Allegiance Introductions Robert H. Brown, District Attorney; Presentation by McGregor Scott, US Attorney Eastern District on “Project Safe Childhood” BOARD ACTION: Bob Brown, District Attorney, advised of activities planned for this date at the High School and the Middle School and for the community this evening about safe internet use and how to help protect children from online exploitation and abuse. McGregor Scott gave a presentation on the US Attorney General’s national initiative for Project Safe Childhood; and he introduced the following staff members from his Fresno Office: Sheila Oberto and David Gappa. Discussion was held. There was no public input. Bob Brown noted that the presentation to the community will include FBI agents and the Riverside County Deputy District Attorney who is currently prosecuting over 50 individuals who were arrested as a result of the NBC Dateline “sting.” 9:34 a.m. Recess 9:44 a.m. Chair Bibby; Proclaim the Month of February 2007 as “National Parent Leadership Month” and Presentation by Kathy Delaney Relative to their Shared Leadership Committee and their Accomplishments BOARD ACTION: (M)Fritz, (S)Turpin, the Proclamation was approved and presented to Kathy Delaney and Mariposa Safe Families parent leaders/Ayes: Unanimous. The following parent leaders explained shared parent leadership and their involvement in the program: Erika Wildt, Cathy Lara, Karen Griffin, Tisa Ruport, Harold Wildt, and Wayne Koher. Kathy Delaney, and Angie Steele and Cindi Park, Mariposa Safe Families Board Members, recognized the following as parent leaders: Harold and Erika Wildt. Public Presentation: For Non-Timed Agenda Items including Attention, Information, and Consent Agenda, and for Items Not on the Agenda – None. Board Information Supervisor Fritz noted that Courtney Progner/County Clerk’s Office, gave birth to twin daughters, and she congratulated the family. She advised that there will not be a District IV meeting this evening due to the Project Safe Childhood presentation. She plans to attend the Gateway meeting in Yosemite on Thursday. She advised that she attended the San Joaquin Valley Rail Committee meeting on Friday and presented the letter from the Board requesting voting membership on the Committee. Their next meeting is March 8, 2007. Supervisor Aborn advised that he attended the San Joaquin Valley Rail Committee meeting. MARIPOSA COUNTY BOARD OF SUPERVISORS CONFORMED AGENDA February 13, 2007 ---PAGE BREAK--- 2 2-13-07 Supervisor Turpin advised that a Sacramento Judge ordered a stop to the fees for ponds with water rights. He advised that he attended the Highway 132 business meeting on Thursday. On Wednesday, he plans to attend the meeting with the Stanislaus National Forest, the SWIFT meeting in Moccasin, and Friends of the Red Cloud Library meeting. Supervisor Bibby advised that she attended the First 5 meeting on Monday and they are getting ready to launch their next grant funding cycle. She plans to attend the Airport Advisory Committee meeting on Wednesday; and the Mother Lode Job Training meeting on Thursday. Approval of Consent Agenda (See End of Minutes) BOARD ACTION: (M)Turpin, (S)Fritz, all items were approved/Ayes: Unanimous. Dana Hertfelder, Public Works Director; A) Discussion, Direction and Possible Action Regarding the Option to Buy Hangar # 43 at the Mariposa-Yosemite Airport for the Price of $5,000 BOARD ACTION: Discussion was held with Dana Hertfelder; and he recommended that the hanger not be purchased at this time and that a determination be made on how to proceed at the time the lease agreement expires, based on discussion with his fiscal and Airport staff. Input from the public was provided by the following: Paul Chapman stated he does not feel that we need the hangers and if they are purchased, the funding should come from Airport funds. He stated he does not see anything in the lease that would prohibit a person from selling the hanger to another person, and he feels the rent here is cheaper than other areas. Following discussion, (M)Fritz, (S)Turpin, the recommendation of the Public Works Director was accepted to not purchase the hanger, with a determination to be made on how to proceed at the time the lease agreement expires/Ayes: Unanimous. B) Discussion, Direction and Possible Action Regarding the Option to Buy Hangar # 44 at the Mariposa-Yosemite Airport for the Price of $20,000 BOARD ACTION: Discussion was held with Dana Hertfelder and he provided the same recommendation for this hanger as for consideration of the previous hanger. Supervisor Turpin asked about plans to alleviate the water drainage problems with the existing hangers. There was no public input. (M)Aborn, (S)Fritz, the recommendation of the Public Works Director was accepted to not purchase the hanger, with a determination to be made on how to proceed at the time the lease agreement expires/Ayes: Unanimous. 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: Discussion was held with Rick Benson, County Administrative Officer, and he advised that there are questions as to how this situation is affecting the community, and he suggested that a meeting be scheduled with the community to receive input on the affects. He advised that there is a conference call scheduled for this week with the affected agencies. Supervisor Fritz commented on issues with bus and school bus access, safety issues with emergency vehicle access, and issues with RV access. She noted that CalTrans is working with VIA/YARTS to make Modesto a permanent route to Yosemite for Amtrak versus the Merced stop. Supervisor Turpin agreed with the need to document the information and statistics on the affects of this situation. Supervisor Aborn stated he feels that a strong letter explaining the concerns should be sent to the Governor and the federal government on the affects of the situation. Supervisor Fritz advised that she will be in Sacramento for a legislative breakfast conference the next week and for a CSAC legislative conference in March and she will be happy to carry a message to help push this cause along. Supervisor Bibby noted that this project is involving staff from several agencies and the monitoring costs continue until a permanent solution is in place. Discussion was held relative to the recommendation for a meeting with the community. Input from the public was provided by the following: ---PAGE BREAK--- 3 2-13-07 Dick Hutchinson advised of a letter he wrote in December on behalf of the merchants in response to a letter from the Tuolumne County Visitors Center stating that they and their Board of Supervisors feel that moving the bus transportation (YARTS) from Merced to Modesto was not benefiting them and they were highly recommending that it be moved back to Merced, and he stated he will provide a copy of the information for the Board. He agreed with Supervisor Fritz that the Business Development Coordinator has the addresses of the businesses and can help get the information on the meeting to the businesses. He also stated that he feels that pictures would help; i.e., the transfer of the students from large to small buses at the bridges; and what happens when a large vehicle cannot maneuver through both bridges. Supervisor Aborn advised that he will discuss this matter with the Park Service at a meeting on Thursday. Supervisor Turpin noted that the cement mixing trucks from Outback Materials are traveling on Highway 49 North through Coulterville to get to Yosemite Valley and that creates safety issues. Supervisor Fritz stated she feels that input should also be obtained from services such as UPS, FedEx, Post Office, schools and the Hospital on the impacts; and that every affected agency should be included in the meeting. Supervisor Pickard suggested that the Business Development Coordinator assist with getting the information out in advance of the meeting to the businesses. (M)Pickard, (S)Turpin, the Board scheduled a workshop to meet with the community on March 6, 2007, to discuss the impacts of the Ferguson Rockslide; and Res. 07-55 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. The motion was amended by the maker, agreeable with the second, to set the workshop for 6:00 p.m./Ayes: Unanimous. Discussion and Review of Revisions to the Board Agenda (Chair Bibby/County Administrative Officer) BOARD ACTION: Chair Bibby and Rick Benson, County Administrative Officer, reviewed the proposed changes to the agenda format. Discussion was held and Supervisor Pickard requested that the Ferguson rockslide item be moved to the end of the timed items. Input from the public was provided by the following: Ruth Sellers commended the Board for making the changes, and she stated she feels that too much time has past where she feels that the public did not realize that it had an opportunity to request an item to be pulled from the Consent Agenda for comment. Paul Chapman noted that if a citizen wants to schedule a matter on the agenda, the item is required to be submitted eleven days in advance of the agenda; however, Supervisors do not have to meet this requirement. He feels the same timeframe should apply to everyone. Chair Bibby noted that the County Administrative Officer is working with the departments to adhere to the agenda processing timeframes. Rick Benson clarified that the public can comment on and request that a Board member pull an item from the Consent Agenda, but the Board does not need to pull the item. Dick Hutchinson stated he feels that the Board needs to look to the future and make it easier for everyone with utilizing the technology to broadcast the meetings. Rick Benson commented on the Open Meetings Law and issues relative to Board meeting communications; and he advised that the option of broadcasting the meetings is being reviewed. Staff was thanked for assistance in revising the agenda format process. The Board concurred with approving the revised agenda format on a trial basis. Rick Benson noted that the goal is still to have the agenda available on the Wednesday prior to the Tuesday meeting – the deadline has not changed. He noted that Wednesday was changed to Thursday on the agenda to reflect the reality of what has been occurring. CLOSED SESSION: Liability Claims; Claimant Name: Christopher Wallace; Claim Number: C07-1; Name of Agency Sued: County of Mariposa (County Administrative Officer) BOARD ACTION: This closed session was not held. 11:13 a.m. CLOSED SESSION: Conference with Legal Counsel: Existing Litigation: California Government Code Section 54956.9(a); Name of Claimant or Case Number and Name of Adverse Parties: Victor Liles v. County of Mariposa; Case No. 8820 (County Counsel); and ---PAGE BREAK--- 4 2-13-07 CLOSED SESSION: Conference with Legal Counsel: Existing Litigation: California Government Code Section 54956.9(a); Name of Claimant or Case Number and Name of Adverse Parties: Bob Moss v. County of Mariposa; Case No. 8889 (County Counsel) BOARD ACTION: (M)Pickard, (S)Turpin, the closed sessions were held/Ayes: Unanimous. 11:47 a.m. Chair Bibby announced that direction was given to staff as a result of the closed session matters. CONSENT AGENDA: CA-1 Accept Resignation of Becker from the First 5 Commission (Human Services Director) CA-2 Approve the Rejection of Claim No. C07-1 filed by Christopher Wallace for an Undetermined Amount and Authorize the Chair to Sign the Notice of the Rejection (County Administrative Officer/Risk Manager); Res. 07-52 CA-3 Approve a Change in the Signature Format for Mariposa County Authorized Agents of the State Office of Emergency Services Resolution Pertaining to State Disaster Assistance (Fire Chief); Res. 07-53 CA-4 Adopt Resolution Authorizing and Providing for the Incurrence of Indebtedness for the Don Pedro Wastewater Project for the Second Bond (Public Works Director); Res. 07-54 11:48 a.m. Adjournment in memory of Mary Anderson, Audrey Foster, and Cindy Adele Butler. Respectfully submitted, MARGIE WILLIAMS Clerk to the Board